We have all been there: you make a decision, realize it's the wrong one, but you already inked the contract and it's a done deal. In California divorce cases, the MSA, or Marital Settlement Agreement that becomes a judgment is a bad thing if you don't like the deal you made. Can you have it [...]
Under California law, the party who has greater financial means can be ordered to pay the attorney fees of the other party in a Family Law case. Under Family Code Section 2030-2032, in order to "even the playing field" the court can award attorney fees sufficient so that a party may be represented. As a [...]
In California family law cases, children at times can address the court to explain their preference when parents do not agree on matters of custody. Family Code 3042 makes it clear that a child of 14 may be permitted to address the court if the court okays it. The court can so no if they [...]
If you have been served a Domestic Violence Restraining Order in California, here are the steps to take: 1. READ THE ORDER The order is going to tell you what you can and cannot do. It will probably tell you to stay 100 yards from your ex. It will also probably tell you to [...]
Dear Client- I am sending you this message because your retainer account is depleted. Our contract requires that in order for me to provide services, you need provide payment and replenish the retainer. I understand if you are not able to continue paying for my services. Hopefully, you will understand why I will no longer [...]
If you have received papers which lead you to believe that a Domestic Violence Restraining Order has been granted against you, the FIRST thing you need to do is read it carefully. Then read it again. If it is a valid order, it will have the signature of the judge and an actual ORDER by [...]
The answer to this question is, unfortunately, not clear. While I believe the answer should be "yes" it is qualified by a somewhat complicated analysis and may depend upon the specific facts of the case. The general rule is that, under Family Code 210 the Civil Discovery Act applies to proceedings under the Family Code. [...]
Nobody needs to explain to litigants in a family law case how high the stakes are. The one thing each person who comes to court understands is that losing is not an option. Except when it is. At the end of the day, if you put the court in a situation where they have to [...]
If you ever find yourself in a family court in California and are watching attorneys argue cases, you will almost certainly at some point hear an attorney raise an objection about late-filed or late-served papers at a Request for Order hearing. The concern is legitimate if it prevents people from responding on time or from [...]
Edward K. Santa Rosa, CA 5.0 star rating 10/3/2018 Wallace Francis represented me in getting my partner's daughters to stop their campaign of elder abuse. He filed letters of restraint against both of them which gave me time to move out of my partner's house without my being physically harmed. The women in question had [...]
