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Service Members Relief Act
The purpose of the Service member Civil Relief Act of 2003 (SCRA) is to prevent an unfair advantage over military litigants who would be caught blindsided if they were unaware of litigation or unable to retain counsel.
Can I have joint custody of my child if there is a domestic violence restraining order against me?
Fam Code § 3044 – Rebutting the presumption that the award of sole or joint physical or legal custody of a child to a person is detrimental to the best interest of the child
Is discovery allowed in domestic violence restraining orders or is discovery domestic violence?
Update on Discovery and Domestic Violence - How does evidence come in at Domestic Violence Restraining Order Hearings? Domestic violence is an urgent public safety and public health crisis. More than one in three California women and…
Community Property vs Separate Property
How Does the Family Court Characterize Assets? The Family Court is tasked with characterizing and dividing assets pursuant to the marriage time rule. The date of marriage to the date of separation establishes the “community”…
What is income available for child support?
Pursuant to California Family Code §4058, Income available for support includes all income, commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers' compensation benefits…
What is a vexatious litigant?
Under Code of Civil Procedure section 391(b) a vexatious litigant is a person who does any of the following: 1. In the immediately preceding seven-year period has commenced, prosecuted, or maintained at least five litigations other….