Asking the Court to Allow You to Move Away from Area with Your Child
Asking the Court to Allow You to Move Away from Area with Your Child
Once a divorce petition is filed, both parties are restrained from removing the child(ren) from the jurisdiction (area) without prior written consent of the other party. Let's say you have recently filed for divorce and you now want to move to Hawaii with your two young children. If the other party (your spouse) is opposed to this, your only other option is to ask the court to allow you to…
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Divorce: A Sentence (or Lottery) of Lifetime Spousal Support?
The California Family Code differentiates marriages that last for ten years or longer and marriages that last for less than ten years. Many Californians believe that this distinction means that, if a marriage lasts for ten years or longer, then the payer of spousal support (called the supporting party) must continue paying spousal support for the rest of his or her life. While it may at times appear this way…
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Officer’s Must Use “Common Sense” on Vehicle Impounds
In light of the decision in Miranda v. Cornelius, 429 F3d 858 (9th Cir. 2005), the California courts have now weigh in on the issue of impounding vehicles pursuant to an arrest. In the most recent decision in People v. Williams, 2006 . LEXIS 1932, the officer impounded a vehicle driven by an individual arrested on a warrant and found to be in possession of a gun. Although the vehicle…
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DUI LAW CHANGES AS OF 1/1/05
1ST DUI OFFENSE If convicted, the court no longer orders a 90 day restriction. Pursuant to VC23538(1)(2), the license is suspended for 6 months under VC 13352(a)(1). The department may issue a restricted license pursuant to VC 13352.4. Pursuant to VC 23538(a)(3), the court can prevent the issuance of a restricted license if the court feels that the individual poses a threat to public safety. Additionally, the court can impose…
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Search and Seizure – Cell Phone Records
Search & Seizure – Cell Phones & Searches Incident to Lawful Arrest – United States v. Jacob Pierce Finley In an opinion issued by the United States Court of Appeals - Fifth Circuit on January 26, 2007, the Court clearly answered an important question about the legality of searching the contents (text messages and call records) of cell phones taken from a person you have arrested. In United States v.…
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ORANGE COUNTY NEW DUI COURT
On January 12, 2007, DUI Court was implemented at North Justice Center. This is a project that Orange County has already undertaken in the Harbor Court with much success. The goal is to enhance public safety through the reduction of recidivism in DUI driving. The program is very tough on offenders. The DUI Court program requires offenders to undergo treatment for substance abuse in conjunction with education, judicial monitoring, formal…
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Saving Your License After a DUI
DID YOU KNOW THAT YOU CAN LOSE YOUR LICENSE IF YOU ARE ARRESTED AND CITED FOR DUI OR DRUGS? IN ADDITION IF YOU ARE ON PROBATION AND A TERM OF PROBATION IS DO NOT DRIVE WITH ANY MEASURABLE AMOUNT OF ALCOHOL IN YOUR SYSTEM, THIS CAN BE REPORTED TO DMV FOR ACTION AGAINST YOUR LICENSE. Speaking with a supervisor with the DMV's Driver safety office, Officers are instructed to complete…
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Child Custody – Clearing up the Confusion
There has recently been a great deal of confusion concerning physical and legal custody of children upon divorce. At the conclusion of a divorce proceeding, parties commonly come to a stipulation or agreement where they will share both physical and legal custody of children, but rarely do they know what they are exactly getting into. Hopefully, this will help to clear up some confusion. There are several arrangements with child…
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Maintaining Your Driving Privilege – Part 3
In California the right to drive is a privilege. One of the easiest ways to ensure that your license to drive will remain secure is to become informed. After reading this article, you will learn the some of the many different actions that can result in loss of your driving privilege. This is the third in a series of three articles on this topic. This section deals with the driving…
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LAWSUITS CHALLENGE LAPD IMMIGRATION POLICY
A lawsuit was filed recently in LA Superior Court by residents of the City of Los Angeles seeking to stop the Los Angeles Police Department from enforcing its longstanding "Special Order 40." The lawsuit alleges that Special Order 40, as well as the practices of the LAPD relating to that Order, run contrary to the mandates of California Health & Safety Code § 11369. Special Order 40 was first enacted…
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