Articles

WHAT TO DO BEFORE YOU FILE FOR DIVORCE

WHAT TO DO BEFORE YOU FILE FOR DIVORCE If you are contemplating getting a divorce but haven’t started the process, this blog will tell you what steps you should take now to make sure you are prepared to file for divorce. Document Control First and foremost, start making copies of tax returns, bank statements, credit […]

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When Stopped By Police You Must Assert Your Rights Clearly or Risk Waiving Them…

ASSERT YOUR RIGHTS CLEARLY OR RISK WAIVING THEM

Why would you talk to a police officer who stopped you? There are several reasons. First, you feel like you have nothing to hide and you want to explain your way out of the situation. Second, you are confused by the Miranda warnings. This article is designed to help clarify Miranda in one key aspect […]

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Obtaining a Temporary Restraining Order

TEMPORARY RESTRAINING ORDER

A temporary restraining order is a remedy issued prior to final disposition of litigation. Its function is to preserve the status quo and to prevent irreparable harm pending the hearing of an application for preliminary injunction on notice. A temporary restraining order has the same force and effect as a preliminary or permanent injunction. But […]

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Moving Forward From a Criminal Past: Expungement of a Felony DUI Conviction

EXPUNGEMENT OF A FELONY DUI CONVICTION

At the age of twenty-one, drinking became an all too familiar ritual for him. He was clearly inebriated, yet he grabbed a hold of the steering wheel while his friend entered the passenger side of his car. Now, at age forty, he tries to forget that night, despite the descriptive police report detailing the freeway […]

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JUVENILE DEPENDENCY BASICS – Lesson II in the Series – Some Stupid Damned Social Worker Took My Kids; Things you Should Know

JUVENILE DEPENDENCY BASICS

A Primer for Parents and Other Caretakers Lesson II in the Series “Some Stupid Damned Social Worker Took My Kids; Things you Should Know” When last we met, our dear victims of circumstance had endured a police raid on their home in the middle of the night, only to find that the reason for the […]

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EX PARTE

In a family law matter you will come across issues that will required your immediate attention and action taken, issues that cannot wait 30+ days to be heard by the Court. Luckily we have the option of appearing in Court within 24 hours, this process is called Ex Parte. An Ex Parte hearing is based […]

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Cohabatation and Spousal Support after the Divorce

COHABATATION AND SPOUSAL SUPPORT AFTER THE DIVORCE

Spousal support is designed to allow both ex-spouses to maintain the same living standard as they enjoyed during marriage. It is also designed to help the supported spouse (the spouse receiving spousal support) become self-sufficient. This article is not designed to be comprehensive on spousal support. This article focuses on a situation when the supported […]

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Filing a Welfare & Instructions Code Section 388 Petition In Juvenile Dependency Court

388 PETITION IN JUVENILE DEPENDENCY COURT

A 388 petition is typically brought to request a hearing to modify, change, or set aside a previous court order, or to terminate juvenile court jurisdiction, on the ground that there are changed circumstances or new evidence. Any change or modification of a previous order may be sought by a 388 petition. From the commencement […]

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The Evidence Code 730 Evaluation: The Custody Evaluation

EVIDENCE CODE 730 EVALUATION: THE CUSTODY EVALUATION

Usually, after months of negotiations and struggles, when the parties are unable to resolve the custody issues resulting from a divorce and paternity action, one of the parties may ask the Court to order a 730 evaluation. The 730 evaluation is a study of the family, the family members and their relationships with the child(ren) […]

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Your Spouse May Be Ordered To Pay Your Attorneys’ Fees

spouse pay for your attorneys’ fees

California courts have the power to make your spouse pay for your attorneys’ fees. Family Code section 2010(f). This article is not designed to be comprehensive on the question of attorneys’ fees in family law cases. This article is designed to emphasize that even if you do not have the money to hire an attorney […]

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Setting Aside a Trustee Sale

SETTING ASIDE A TRUSTEE SALE

Once a home has been sold at a trustee sale, there may seem that little can be done. However, because there is no automatic judicial review or supervision of a trustee sale, court action is required. Judicial review of a trustee sale entails bringing an action attacking the sale by either seeking to stop it […]

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Earning Capacity and Imputation Of Income In California Family Law Cases

The statewide uniform child support guideline expressly gives trial courts discretion to impute earning capacity income to a parent in lieu of that parent’s actual income. Cal. Fam. Code §4058. Family Code Section 4058(b), in pertinent part, states,”(b) The Court may, in its discretion, consider the earning capacity of a parent in lieu of the parent’s income, consistent […]

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Post-Judgment Modification of Spousal Support Part 2 of 2:Decrease and/or Termination of Spousal Support

In part 1 of this article, we explored the considerations for an increase in long-term spousal support. We concluded that a party receiving spousal support may seek an upward modification, but they should plead and be prepared to prove changes of circumstances beyond the paying parties’ increased income and the expected termination of child support. […]

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Motion to Strike Pleadings Also Known as “Doomsday Motions/Sanctions”

After a party has been successful in obtaining an Order Compelling a party to compel discovery responses and that party fails to comply with the Court order, the party who has the Order to Compel may request that Court strike that parties “Complaint” and/or “Answer” and request a judgment, default and sanctions against that party. […]

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Be Careful for What You Click For!

The internet has made available to the consumer the world of retail right in their own home. No longer does a shopper have to do battle at the mall for a parking space or traverse crowded walkways and listen to lousy mall music. Just log on to the various websites offering goods to the ready […]

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Contact The Law Office Of Vincent W. Davis

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150 N. Santa Anita Ave,
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Arcadia, CA 91006
Phone: (626) 446-6442 Fax: (626)-446-6454
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Irvine, California, 92614
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City of Ontario, California, 91761
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Riverside, California, 92505
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San Diego, California, 92101
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Ladera Ranch, California, 92694
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