“I Own My House, But My Partner Was Living There When We Broke Up: Can I Make Them Leave?” When two people live together but are unmarried, and then a separation occurs, there can be a problem of who remains in the residence. If the residence is a rental or lease, the issue is usually less acute and the person who is on the lease usually remains. Sometimes this can become a problem if the lease...
Swanson O’Dell
From The blog
“I Was Served With A Temporary Restraining Order: What Now?”
“I Was Served With A Temporary Restraining Order: What Now?” When a temporary restraining order is issued by a judge, you must be personally served with a copy of the temporary order as well as a notice of a hearing date. The temporary orders last only until the hearing date, when the judge will hear evidence and make a decision on whether or not to issue a longer order. As you wait for your...
“Video Cameras and Recording: Is It Legal?”
“Video Cameras and Recording: Is It Legal?” In recent years the cost and portability of video cameras has improved to the point where people can videotape nearly anywhere at any time. Cell phone cameras have made them easily portable and available for instant use. There are a lot of legal questions that have come up regarding cameras, and not all of them have clear answers yet. For instance, can...
“My Ex And I Argue Every Time We Have A Visitation Exchange. Can This Be Stopped?”
“My Ex And I Argue Every Time We Have A Visitation Exchange. Can This Be Stopped?” Visitation exchanges can often become heated, particularly during a custody or divorce case. Fighting and arguing during exchanges is not something the child or children should have to see, and efforts should be taken to make sure that arguing is stopped early on. A judge has several ways to eliminate arguing,...
Planning for the Needs of a Special Needs Loved One
Today's post, about how to care for a family member with special needs, highlights some very real issues and some important solutions. Estate planning is always important, but never more so when you have a child or relative with special needs. Barry Rosenfeld is a Chartered Financial Consultant and a Chartered Lifetime Assistance Planner who has years of experience helping families with many of...
“What Facts Do I Need To Prove Before I Can Get A Restraining Order?”
“What Facts Do I Need To Prove Before I Can Get A Restraining Order?” The California Family Code lays out the grounds needed for a restraining order fairly specifically. (Civil, non-domestic violence restraining orders are not discussed here and are governed by the Civil Code.) The basis for restraining orders is actually quite broad, and only needs to be proven by “reasonable proof” of past or...
“I Was Served With A Restraining Order Giving Me No Visitation With My Kids: Can Anything Be Done?”
“I Was Served With A Restraining Order Giving Me No Visitation With My Kids: Can Anything Be Done?” One of the common requests made with a restraining order filing is that the restrained person have no visitation with minor children. This is a fairly extreme order, but is asked for quite often in cases where violence, abuse, or drug or alcohol problems are alleged in the papers. Because the...
GAP Insurance: Two Common Scams—GUEST POST
GUEST POST Today, as a follow up to our previous blog about GAP insurance, we have consumer attorney Kevin Faulk to talk about common GAP scams. Since 2006, Kevin has been helping consumers against businesses large and small. He has handled cases involving vehicles worth a quarter of a million dollars and computer products which cost a couple of hundred dollars. He has helped people fight...
“My Ex Is Always Late For Exchanges. Can Anything Be Done?”
“My Ex Is Always Late For Exchanges. Can Anything Be Done?” A perpetual problem in courthouses across the country is “what do you do when one party is constantly late for custody exchanges?” One the one hand, courts don’t want to be that involved in every day exchanges; they want parties to behave like grownups, keep to the schedule, and call if they are going to be late. One the other hand,...
“Can Parental Rights Be Terminated For Crimes Committed?”
“Can Parental Rights Be Terminated For Crimes Committed?” Yes, parental rights can be terminated in California for commission of a crime, if it is a felony and impacts the ability to parent. The code section that controls this process is California Family Code Section 7825, which reads as follows: 7825. (a) A proceeding under this part may be brought where both of the following requirements are...