Law Questions and Answers

How do i go in the order of getting a retraining order within california? how long does it take?

i'm going through some difficult times next to my other halfs mother...she has gone to far and i want to put a restraining establish against her...can someone help?
Answers: The California Judicial Council have a self help center designed to answer this type of interview. Here is the link:

http://www.courtinfo.ca.gov/selfhelp/pro...
Restraining advice are not worth the paper they're written on, Police hold the choice of enforcing it or not, the singular true protection you have is to arm yourself!!!

Parents divorced, dad remarried, dad died, left no will...??

My parents divorced several years ago, dad remarried, dad died unexpectedly and departed no will. I know he had life span insurance, but legally speaking because he not here no will does everything he owns and everything in his enthusiasm insurance etc all be in motion to his wife??

It sucks because she has two kids (and presently a grandkid) from her previous marriage, and my dad have two kids and grandkids biologically on his side. But because no will, my brother and I aren't going to see any of it are we?? She gets to keep hold of the house and everything doesn't she? Even though we all lived contained by that house before my parents divorced.

Any help out you could give would be great. Everything go through probate or whatever since no will, but I'm wondering if there's anything my brother and I can do?? We haven't even see an itemization of where adjectives the life insurance money go to??? I mean we get to keep a few items that expected something to us, but other than that, nought
Answers: If everything went through probate already, it's probably too unpunctually. If you and your brother haven't heard or received anything even so, you probably didn't get anything. As stated by the before reply, property and money usually transfer to subsequent of kin (wife) and life insurance to who he have as a beneficiary. You should consult with a advocate to make sure, as rules are different within every state. Talk to a lawyer ASAP. Sorry for your loss, and sorry you may not receive what you deserve.
Someone requirements to contact the probate court and
(1) make sure no will is file for probate
(2) an intestate estate has be started to account for his debit and assets
(3) an administrator has be appointed to check in next to.
(4) you get a final accounting of the estate

CUrrent wife and children will probably procure most of the estate; you can check here:
http://www.mystatewill.com/

with the info for your state
Who get his estate OTHER than the life insurance, if he have no will, depends on the intestacy laws of the State he be living in when he died, and you didn't enunciate where that be.

PURELY as an example, if he died in CA his current wife would receive 1/3 of the value of his estate, and adjectives his children would share the other 2/3. His wife's children from a prior relationship wouldn't be included, unless he legally adopt them. (If he had any children that died past he did, that childs children would share his share)

The house may, or may not, be included depending on whether it was still titled surrounded by his name, or if he'd added his clean wife to the title, and if so, how he did it.

If he'd made her a half-owner then she keep ownership of her half, and the worth of the other half go into the estate. If he'd made her a joint owner later it simply became hers when he died.

Life insurance policies do not enter into a departed persons estate unless the name beneficiary was already inert when the holder dies (Or unless the holder named himself as beneficiary, which happen but is rare and solely usually done when the policy was enter into more as a tax shelter than anything else). Otherwise, the proceeds progress directly to whoever is named, and the existence of a will is irrelevant.

Richard

Can social worker access my child mediacl records lacking my permition?

My 18 month daughter had a discouraging accident. She climed into bathroom sink and undo hot water which reach boiling degree inside seconds. She terminate up with some 2 and 3 amount burnes on her feet and would stipulation plastic surgery. We live in especially small remote community and had to fly subsequent day to the big city (Montreal). On arrival within the hospital I signed a form to take photos of her burnes so the doctor can see the progress of her salutary. Next day, within the hospital after sleepless and stressfull night, I be awaken by 2 people: one presented himself as a pedetriation and another a social worker. They started to ask standard questions give or take a few my daughter and after asked about the chance. I thought they are asking me for accident prevention, but later they went near accusations of child foul language, that we are lying and accident surrounded by no way could happen this way. This is awfully serious accusation, shouls they cross-question me in this covering with my representatitive and why they getting into my child files
Answers: In any situation where a child is harmed from possible abandonment or abuse, they hold to investigate. (Think about how plentiful children are killed every year.) They are probably suspicious that anyone next to a young child would own their water boiler set so hot. They also have a responsibility to breed sure that your child hasn't had a little unexplained injuries, and that this isn't the continuation of a cycle of abuse.

*edit* Frankly, I would be totally shocked if they didn't investigate your story. It is standard that they ask question, and they would naturally start out as non-threatening to achieve a idea of whether they should be concerned. As far as rights, your child have the right to protection. That is their priority.
If the hospital suspects child abuse they are required to contact social services and relate them what is going on.
All i can say is attain a lawyer very soon.
In the United States, absolutely.

Further, those burn pattern are classic for child abuse, so they are correct to suspect you and do a full investigation.

(I am not aphorism you abused her; I am saying they are not in an unseemly fashion suspicious.)
Who are social workers? They were call by the doctor he is what is called a mandate reporter. If he suspects abuse he musth give the name Are they are police in civil dress? No they are not police they can't lock you up but if they perceive you are abusing her they can pinch her and put her in foster fastidiousness. They suspect that you ethier did it on purpose or nearby is not enough supervision surrounded by the home and the child is neglected. Do they follow any law or they hold their own wishy-washy rules? They don't make the final phone up they take their suggestions to court and a adjudicate decides. There are ruels that they hold to follow They don't have to advocate you of any rights because they are not police they are there for the child intrest remeber your doctor call them because the docotor suspects abuse and they are going on what the doctor say. They will investigate and hopefully your daughter will be returned to you.

Who is a good divorce advocate in Southeast Wisconsin?

I don't hold a ton of money so I can't afford the very best, however I don't want the cheapest any. I live in western Racine County.
Answers: Heres a inventory of Websites that have Racine County Divorce Lawyers

http://www.previant.com/
http://www.hhb.com/
http://www.murphypaulson.com/
Try calling your local inn association or your state bar association and they will be capable of refer you to some divorce attorneys. You can also check the Yellow pages surrounded by your area or even try Martindale Hubbell's website and you can check out for divorce attorneys in your nouns and also find out what their rating is. AV is the best. Good luck.

Small Claims Judgements?

I live in NC and I own a small claims judgement, I lost my job and be unable to income the rent, However I am now contained by better shape and I am able to wages the money but I can not pay it put a bet on all at one time I necessitate to make payments how do I step about doing this so that in attendance is a record that I enjoy been paying this debt rotten I do not trust my old manager because once we got to court the amount that she said I owed her be not what she had sent out on a notification earlier that month and I did not bring the epistle to court so I could not fight it. I also be wondering if judgements draw intrest. Serious answers only please
Answers: Interest across the world accrues at 10% per annum on judgment.

You can make payments if you want to - basically use checks drawn from your account and hold copies of them. That way, if your manager tries to cheat you in any style, you have a journal that your checks were cashed.

You might also write a facts with respectively check that you send, indicating that you are making payments, etc.

Don't verbs about the interest unless the hotelier makes it an issue. Once the tenant cashes one of your checks, she implicitly has agreed to adopt your payment and cannot after that object something like it.
Even if you are paying it, the judgment won't decline off your credit until it is rewarded (paid fully and a Satisfaction of Judgment filed by the innkeeper with the court). Read the result to see how it says the giving should be made (this is also where you'll find out almost the interest rate). If the judgment doesn't right to be heard, you may want to work out how you are paying with your tenant. If you don't pay him within full he can (go through a little trouble and expense) and catch your bank picture or wages garnished. If you product partial payments he wouldn't do this unless he's really a jerk or the payments are so small he think they are a joke, but the just way to be sure he won't hit your wall or paycheck is to get him to relay you he won't (by telling him when he'll see his money).

Even though you don't want to settlement with him, the tenant has adjectives the cards. Figure out what will keep him joyous enough that he doesn't hold to go stern to court for a garnishment.

New Mexico Child Support?

Similar question... My daughter's "sperm donor" owe's over $20,000 contained by back income (which he was ordered to recompense ONLY $20 a month for that) and last recompense was made on October 31st. My query is that I just found out that the child support bureau is working on an "order to show grounds?". Not sure what that is but since I own no contact with him what is the best process to collect this money??? Should I hire a lawyer? I live contained by Florida but my case is surrounded by New Mexico... How can I get the most money rear from him?? I know he has a house and nice cars but they may be below his long time girl friends name... or his moms...

Please give a hand...
Answers: You can hire an attorney but check with the NM Child Support Enforcement Division to see if they can give a hand:
http://www.hsd.state.nm.us/csed/

Also, check LegalAid in NM:
http://www.nmlegalaid.org/

And finally, draw from a new court instruct re: rate of pay or see if you can get hold of a court order re: his arrearages and procure an order to side dishes his wages/execute a writ/levy his assets (bank account, etc.).

Definitely hire an attorney
If you are reffering to an anyonmous "sperm donor" it seem odd that they would be required to salary any kind of support. However, if your chitchat about a "baby's daddy" or your ex afterwards you have a travel case.

An order to show motivation, is a request by CSD for the father to show why he can't pay or hasn't compensated his support. If he is only ordered to retribution $20 a month, and he is in the reverse, typically unitl he is about $1000 trailing he won't have to verbs about lock away or having any license he has mortal suspended.

Although you live in Florida, you definately call for to get a legal representative. If you can't afford one try to see if an attorney will work out a payment programme or call officially recognized aid they will point you in the right direction.

My ex- lives contained by WA state and I live here in New Mexico, but I have to hire an attorney up there to unhook her handy work. (she lied about my income and forged the charge for support) but that's another issue. Anyway best of luck.

What is the statute of limitations on an engagement ring in AZ?

I get engaged contained by May '07 and we broke up in July '07 when he cheated on me. He told me I could save the ring, however I am worried if he ever finds out I have a bright boyfriend he will demand it support. I want to pawn the ring to abet with adjectives the bills and house he left me near, however I dont want him to decide he desires it back and try to nick me to court. How long does he have formerly he can not ask for it back?
Answers: The law do vary by state, but largely speaking, in most states, courts consider an engagement ring to be a conditional endowment, meaning that the grant isn’t final until the condition (marriage) is met and if the condition is not met then the contributor is entitled to receive the item back. But, the court will habitually consider things such as who broke the engagement, if money was lost as a result of the broken engagement (ie deposits remunerated toward the wedding that be non-refundable), etc.

How long does he have to ask for it rear legs? I have no clue.

Frankly, if it be me, given the situation, I wouldn’t worry too much around it. But if it concerns you, talk to a local attorney. Many will distribute a free initial consultation.
Your ring was a endowment, right?
Gifts are not retrievable.
It is YOURS. Your property. Sell it and make up for what he not here you with. what a tremble.
There is no statue of limitations per se on your ring. It was a payment, he even told you to keep it after you broke up, it be a gift. Pawn it, save it, flush it down the toilet, whatever, it's yours.
It be a gift, plain and simple. He can't ask for it final. You have no foundation to return it. If it had be you that cheated, the mature point to do would be to return it, but because you didn't cheat, keep it, and do near it what you wish.
Its yours honey, it be a gift. He cheated don't hand over it back. If he take you to court he has to prove he ever give you a ring ;-) I went through a divorce and the sort out told us that whatever we took near us when we seperated is what we get to maintain (engagement ring included!)
he gave it to you. He told you to hold on to it. WHy it's such a big deal to hold on to a ring from a rat is beyond me; but I doubt he'll sue to get it pay for or have a leg to stand on.
it's yours he give it to u with no stipulation
Sell it don't place as collateral it. But it IS yours forevah and evah.

I'd like to know the difference between what constitutes a 'summary offense' and 'misdemeanor' for bullying.

My girlfriend got upset that I wouldn't endow with her a lift home. She become violent, throwing things, screaming and crying. Then she begin to attack me. First pushing and shoving, then kicking and punching me. With no intention of hurting her, but individual trying to get her to snap out of it, I slapped her. (This be more a reaction to her hammering me for fifteen minutes, not truly intentional. I know it was the wrong entry to do) Now I'm being charged next to harassment. I haven't gotten my summons on the other hand, but I'd like to know whether my commotion was a summary offense or a misdemeanor.
Answers: You'll probably stipulation to wait for your summons since we do not know where on earth you were charged. Or you can call for the clerk of courts office contained by the county in which you be charged and ask them.

What happens if you throw up the covert labs strip beside in 2 hours after ,taking it will you still draw from clean?

Answers: If you're asking something like drug testing, no product will erase the presence of drugs out of your blood and urine. Plus, if you are on probation and draw from caught messing with a drug testing, you can be hauled wager on into court for a probation violation.

Is this Statutory rape?

if a a guy is 18 and the girl is 16 and they have relations near each other, but the parents don't press charges.

What roughly speaking if the girl is 17 and the guy is 15?

is that legal?
how would police find out?

Just some insist on for some of my friends.

BTW
what does Statutory mean?
Answers: Georgia

§ 16-6-3
Statutory rape to own sexual intercourse with someone beneath age 16.
One to 20 years in prison, but (1) 10 to 20 years if the perpetrator is age 21 or older and (2) up to one year surrounded by prison if the victim is age 14 or 15 and the perpetrator is no more than three years older.


The difference between stat rape and rape is that both partner are willing but one (or both) are not of official age to give consent
Sure is within every case. If the cops verbs them over they can press charges. It is not all give or take a few the parents doing it. It is against the law and depending on the situation they can adjectives get charged. They could also catch charged with contributing to the delinquency of a minor. Not worth it. These culture need to date relatives their own age.

Statuatory is a Statute or a type of law. Look it up, you'll revise more that way.
Statutory rape mode that both parties be consenting to the physical act of sex but one of the delegation is under the age of consent, depending on the state that you are living contained by, that age could be anywhere from 15-18 years of age. Parents can charge the older knees-up (18 and over) with statutory rape.
It doesn't situation on gender except for social reason, males are expected to lose virgin status sometime in their teens, females are to preserve virgin status till married, that stigma still holds even today.
It's not likely to be dubious. Statutory rape laws are different for respectively state. For example, in Missouri it is someone 21 and over near someone under 17 (or anyone beside a child under 14). So your skin would not be statutory rape.

In these cases, unless the age difference is great or the child is about 14 or underneath, someone has to press charges or not a soul cares.

Statutory manner that it is rape in the eyes of the ruling, though the minor may have consented. Minors do not hold the ability to consent surrounded by the eyes of the law.

18 is not some magical age of maturity for all law, despite the common misconception.
Dont even verbs about it. Just use condoms, and deny everything if asked. You can other claim the parents hate you for race/religion/economic status.

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