If it was no legal grounds to file a restraining order, would that makes it not legally binding?

If it was no legal grounds to file a restraining order, would that makes it not legally binding?

For instance if it was issued with no credible evidence of harassment and

It was issued without credible evidence of reasonable and in good faith attempt at an informal resolution of each issue presented in motion

Nathan’s Answer

If a temporary restraining order (TRO) has been issued, then the threat was found to be credible. The permanent restraining order would be heard shortly, and you should fight it, since non-appearance can lead to the permanent restraining order being issued (up to 5 years). If a permanent restraining order hearing has already occurred with a restraining order already issued, your upward climb is that much steeper.

Restraining order and gun laws

Hello I am a male 53 from california ....never had a felony ,or arestead ...2 months ago i was served a

temporary restraining order . I turned my gun in wihin 5 days ....... But they proof of service was not

filed ....My ? is well i get my gun back

Nathan’s Answer

Your answer depends on whether a restraining order was ultimately issued. You will have to inquire with the court.

Is the civil restraining order legally binding?

Is the civil restraining order legally binding?

Is the civil restraining order legally binding if:

-it was issued under the wrong person's name;

-the defendant did not attended the hearing;

-It was issued without reasonable and in good faith attempt at an informal resolution of each issue presented by the motion (nobody told the defendant not to contact the victim)

-at the time of the service, the papers did not touch the defendant body and the defendants last name was not pronounced

Nathan’s Answer

If proper service is found by the court (service can be effectuated without papers touching the defendant) then the restraining order can be issued. If you did not go to hearing on the basis that you thought service was defective, you could have appeared via a "special appearance" to argue proof of service was not served, but then you may have been served on the spot again. But if the proof of service is found valid, and you did not show up, the other side could have won by default. That is why it is important to prepare a defense and show up if you know proceedings will be had against you.

Should I modify my stay away order?

I currently have a stay away order from my boyfriend, however, I am currently pregnant and he is incarcerated and I want to visit him. I want him to be able to see his son. The stay away order is from me, my home, my vehicle and my work. I Want to just modify it to remove my person off of it but keep my home, car, and work.

I want to stay safe, but I also don't want to rob him from seeing his child.

A little background, my bf is an addict and bipolar (he was not being treated while he was out). While incarcerated he is sober and on medication. He is a lot more clear headed right now.

Nathan’s Answer

Interestingly, your question was whether you should modify your stay away order, rather than how to go about it - from a professional perspective, bipolar disorder is potentially very dangerous as you have no doubt seen first hand. On the other hand, you mention that your boyfriend is much more clear headed at present. Individuals suffering from bipolar disorder tend to improve in their 30's. However, there is a high rate of suffering by partners of bipolar individuals so much so that psychiatrists who treat individuals with bipolar disorder tend to themselves seek their own psychiatrists to deal with their patient load. Only you can know whether it is worth the reward or risk to yourself and the baby after an assessment of the pros and cons of modifying any criminal or civil stay away order.

How can I get my license back if I can't work.

Snowball effect. My license was suspended for not paying a ticket. Then I git pulled over again, had drugs on me and went to jail. I am currently on probation,. I'm staying clean , working, and making monthly payments for my fines. I really want to be a productive member of society. The problem is that if I can't drive, I can't work and if I can't work I can't pay my fines. And so I choose to drive. I have gotten two more driving on a suspended license tickets in the last six months. I know Im probably going to do jail time now. Is there anything I can do to get out from under this mess I've made? The system makes it nearly impossible for people to get their life back

All of my choices just made my situation even worse. I was trying not to be a bigger burden to my family but wound up disappointing them even more. Thank you for your comments. I hope whoever reads them takes your advice BEFORE they make the same mistakes I made. INSANITY: Doing the same thing over and over again, expecting different results

Nathan’s Answer

As you acknowledge, there is a snowball effect. But the effect is made worse when you don't find alternatives to driving to work until you can pay fines and straighten out your license. Family, friends and public transportation are all viable options even if it makes life more difficult temporarily, since as you've seen, over the long term, it's not worth it to continue to violate the law. It is doable with enough motivation; I wish you best of luck.

Will the Ca State Bar and/or the Ca Dept of Insurance take me serious with my complaint against the lawyers in two lawsuits?

Please assume the following. The written/depositions proof would include nine extensive different sets of discovery with each including request for admission, special interrogatories, general interrogatories and production of documents against three defendants. I did two depositions and a motion to compel further responses. I believe criminal activities of the type of suppressing of evidence, perjury, deceit and collusion and a host of other provable violations of discovery and violations under the state bar code of ethics among the lawyers. This forced me to settle the lawsuit prematurely. I have submitted a complaint to the BRE against the management company. The BRE investigator recommended I contact the District Attorney immediately. 2 of 4 attorneys were Farmers Ins' attorney.

Nathan’s Answer

Licensing agencies will review complaints generated in anticipation of, or during civil litigation just as seriously as cases that are settled or without litigation.

Will a lawyer charge a client to break a contingency fee agreement?

Is it common practice for a lawyer to change a client if they break a contingency fee agreement if the client no longer wishes to pursue the case?

Nathan’s Answer

Even if the client abandons the case, the lawyer may be entitled to costs and whatever fees if any, were agreed upon in the retainer agreement.

Medical bill judgment ordered.

I went to the ER 3 years ago and was given a reasonable estimate for my (non-insured) care. I later received a bill for 3 times this amount. I was working with the county to see about getting assistance, as I am low income (yes I work and was not looking for a hand out). 9 months later the county advised me that though I was originally approved, my reason for care would not be covered and therefor was denied. In the mean time the bills went to collections. They recently got a judgment against me to which is now 4 times the amount of the original bill. I attempted to work with them early on but they would not accept my payment offer. Now they are stating that I must pay up or they will take the money. No funds, no attorney, turned away from every direction and desperate for assistance.

Nathan’s Answer

Hospitals usually have the ability to supply grants, installment payments or other financial assistance to individuals who can't afford their bills. It may be wise to contact the hospital billing department in a congenial tone to request assistance by explaining your situation and waiting to see what kind of evidence the billing department will need to be able to accommodate you. Otherwise, you would have to obtain counsel to set aside the judgment assuming you were not able to appear against the lawsuit to defend it appropriately.

Fee dispute over an escalating contingency & the value of mandatory arbitration.

Our attorneys drafted a complaint and mailed it to the defendants, triggering a settlement. Our fee dispute revolves around this language in our agreement: “We will draft and file a complaint on your behalf.” If the matter reached that stage, we were to pay an extra 10%. The attorneys contend “mailing the complaint to the defendant was the equivalent of filing” and they are due the extra 10%. Is that a reasonable interpretation? And: I understand we can compel them to fee arbitration. Can we compel binding arbitration though? If not, what's the point? If they don't like the result, why not drag it into court, able to represent themselves while we burn more fees? If their strategy is threat, make us incur fees, where is the value of mandatory but non-binding arbitration?

Nathan’s Answer

The analysis can go either way but the net effect is acknowledged by you that the complaint being mailed triggered a settlement. Thus if you have reached the "stage" where the complaint will be drafted and filed, it may not be necessary that the complaint was filed, but rather that the stage was reached, where here it seems like it was. May or may not be cost-effective to pursue over 10%.

Is there any recourse for someone in rehab whos counselor has dropped him from the program due to her bias and malipulation?

she said i failed a urine test. I have been very ill. In class with a different counselor i was sick, i was supposed to test but was excused to go see a doctor. The next day i was told i refused to test then told i had to due inhouse

Nathan’s Answer

Can your counselor who excused you to go see the doctor vouch for you, or do you have proof you went to doctor? Absent that, I don't think there is recourse if the urine test was a mandatory requirement of the program.