Hello, so here's my case...last year in May an ex gf filled a restraining order on me, attempted to have me served, by a man she

Hello, so here's my case...last year in May an ex gf filled a restraining order on me, attempted to have me served, by a man she was sleeping with, the man lost his cool and assulted me before I knew what happened, or that this was a serving...whitch resulted in me having 3 criminal charges whitch I am fighting now in the courts, she was able to get a money judgment, as a result of a default judgement due the fact I was not served and was un awear of the hearing for RO...I have not filled an appeal in time due to fear of being arrested as I got a warrent notice soon after this incident....my bank now has been levied by the sherrif, they took all my money, now they are trying to fulfill the default judgment by having me lived again....what should I do? I have over 7 thousand just in property damages and money loans which ch I have paypal receipts of, from this person from prior events..I want to sue, also for defamation, slander, malice, domestic entrapment if there's such a thing...the way this who,em thing was handled was very tricky and sly in my opinion...and I want to be able to break this wide open, and shed light on what really went down? Can I do anything? Should I hire a attorney,? I'm very poor these days, should I open small claims, any advice is higjley appriciated. Glen

Nathan’s Answer

Your case sounds extremely involved. You will benefit from professional competent representation, not so much for "breaking this open" as that is an emotional objective, but for the logical objectives of attempting to defend against all actions, including collections, criminal actions, and possible civil actions if you have the facts to justify appropriate causes of action. You should focus on the criminal defenses first as these potentially impact your liberty.

If I had a phone consultation with a lawyer and she later started representing the respondent in the case is this an issue?

Family Law Custody Case

Nathan’s Answer

I think it depends on the depth of the phone consultation. However, if this lawyer has represented the other side without your consent after obtaining confidential information from you, and still persists after you notify them, you may want to escalate to the State Bar.

What are the Pros and Cons of Filing for Divorce pending TRO hearing in California?

I was recently served with a TRO pending hearing. My wife knew it was inevitable that I am filing for divorce but as always she beat me to the punch by filing a temporary restraining order (with kids) since she is a stay home mom and I am a workaholic dad. Is it possible to file for divorce before the TRO hearing or it's best to wait until the hearing (TRO) is over to determine the outcome (i.e. child/spousal support, etc.). Can someone please give me the logistics of filing before or after the TRO hearing when it comes to divorce. Everything as of now is Pro Per.

Nathan’s Answer

Whichever way you go, it would be wise to lawyer up for the DVRO hearing, as a restraining order issued there can affect security clearances, job applications and much more.

My wife is threatening me to come to US and screw me here as she already filed false DV case in India. What to do?

I am from India and in CA for last 4.5 months on H1B. I am married since May 2013. My wife is in India and fileed a DV case against me there. Now she is threatening me to come to US and screw me here. I am not sure if she comes at my office/ home here and create scenes or she can file any police complaint. I am not sure how to save me here. All cases in India are false. I am not sure how CA law works if a wife comes and file a complaint against her husband without staying here with him in US. I want to file a divorce but I can't as I have not completed 6 months in CA this time but I was here in CA in 2013 for more than 8 months. Need guidance as how can I save me if she comes here and create scenes or files false complaint. and if I can file divorce here.

Nathan’s Answer

It would be wise to listen to my colleagues in regards to the various legal options you have while at the same time avoiding any contact with this individual. Is there any reason you are communicating with someone who is threatening to pursue you overseas?

Husband is verbally abusing his wife, what can she do?

Hi, I have a friend with two kids. Her husband constantly tells her to pay her own bills, rent, car insurance, etc, He harasses her verbally by insulting her and puts financial pressure on her. She is taking care of the kids and going to college at the same time, She cannot go to work at the moment. She is afraid that if she gets a divorce, he'll leave the country (he is originally from Bulgaria) and not help financially. What can she do, and whom can she turn for help?

Thanks

Nathan’s Answer

Options like mediation or collaborative divorce are difficult to use when one of the parties is abusive. Your friend can file for divorce and seek orders that the children not be permitted to be taken by their father overseas.

Is it a bad if my attorney assign my case to a new attorney under his firm his reason being that he is too busy?

I retained my attorney about a year ago and well he just filed my lawsuit just under one year after I was terminated. I was terminated for unjustified reasons. I was placed on modified duty by my Dr. Due to my pregnancy as I was in my first trimester and I was not to lift anything over 16lb, my boss still asked me to do heavy lifting and since I brought a Dr.'s note he retaliated against me which lead to my termination. I looked up my case and it shows on section 4 "MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default". Could this be the reason why my attorney is passing my case over to his colleague. Did he hurt my case?

Nathan’s Answer

The court docket notation and any movement of the case to another attorney that is associated with the former is likely not connected. You should express your concerns to the attorney handling your case so that he/she can explain to you what my colleague has already done a great job of elucidating as far as legal process goes.

MAJOR ISSUES WITH PVP

I am seeking conserve for my Father. My brother has contested it based upon her stealing his money and attempting to deflect. The PVP has completely sided with him and won't even speak with me. I feel he is bordering on Legal Malpractice. Whom do I report him to. I want a new PVP, one that will look at the facts and not fiction from my brother. He now wants to get an Elder TRO against me!!! I took ZERO. We are in court next week. What can I do? Address this to the judge? I've spoken with an atty but he is mild mannered and doesn't want to take on the PVP. HELP!!!

Nathan’s Answer

A PVP is required by law to act in the best interest of the convservatee. You may attempt to file a motion for an accounting by PVP but you will likely need probate counsel for that. Also, on what grounds are you looking at an elder TRO? You can find many probate attorneys on Avvo.

What should I do if my ongoing treating physician is not returning calls and has had license expire?

I've been trying to get a hold of my doctor for about a week now and have not gotten a response. I searched the doctor's name on the California Breeze site to see if there is a cell phone listed and it says the following under license status:

"Renewal Pending - Licensee failed to certify compliance with the continuing medical education requirement and/or failed to certify that he or she disclosed the names of those health-related facilities in which the licensee and/or family may have a financial interest. Practice is permitted unless license expires."

Turns out the license expired almost two weeks ago. How long can I expect it to be before he is licensed again? Should I start looking for a new doctor?

Nathan’s Answer

If the license is expired, there is no reason to suspect it will be reinstated or renewed unless evidence exists that shows the physician is preparing to do so. It would be wise to try once or twice more to make contact, if possible, then move on.

Department of social services Investigation due to arrested for DV.

No charges have been pressed against me as of now and it's been 2 weeks. Idid hire attorney that's on the case but he hasn't heard from the detective.I worked at a daycare facility so I am now being investigated by the department of social services. The day of the incident happened with my ex boyfriend. We were having an argument and he called the police.

He didn't know the police was going to arrest anyone. I was falsely accused of being violent towards him. When the police questioned me I didn't want to make a statement because I didn't want to get him in trouble. What I did do was throw my phone on the carpet not meaning to break it or harm him at. He wrote a letter explaining that I'm not a threat& there was a misunderstanding. Will I be punished by the department?

Nathan’s Answer

Have you already been contacted by a social services investigator? If so, it may be wise to lawyer up on the administrative side since it appears you already hired an attorney to handle the criminal side. A lot of what happens at court on the criminal side will depend on whether you have priors, the circumstances behind the actual case at hand, the DA's willingness to charge a specific crime or crimes, and whether they'll be charged as misdemeanors or felonies. Sometimes, a DA might see "mutual combat" and not press charges at all. Other times, they may charge a crime or crimes but take into consideration the fact the "victim" who in this case is male, is saying this was a misunderstanding and lessen the charges accordingly, assuming they file them. Department of Social Services, assuming they have jurisdiction over you as a licensee, may wait to see the result of the investigation/DA action to then file an administrative accusation against you. It is important your criminal defense lawyer be sensitive to the administrative possibilities, (investigation, accusation against license, plea bargain which can still be used by CDSS, etc.) and for you to potentially hire administrative counsel if the CDSS is investigating, as early interception by counsel can be helpful.

Should I no longer pursue my case due to attorney's behavior?

I retained an attorney on a contingency basis and after our last conversation he was reluctant to discuss the details of a response to a demand letter that was sent. The attorney began asking me very detailed questions and it seemed like he was in favor of the defendant. His tone and behavior seemed unusual for me, and I may be overthinking things but the attorney kept addressing the opposing council by their first name. This is the second attorney retained for this case as the first one withdrew. Is council being bullied out of proceeding with a lawsuit?

Nathan’s Answer

An attorney needs his client's cooperation and communication to properly prosecute a case. They may have found out information that goes against what you are saying, and they are seeking clarification from you. It is rare the other side just rolls over so in order to test your case, your lawyer may grill you. This is in your best interest since you don't want to be grilled by a judge or opposing counsel later, since you may end up being liable for attorney fees if you lose the case. Also, the fact prior counsel withdrew and this second lawyer is acting strange according to you, may suggest the case didn't really have legs to begin with. On the other hand, your case may have merit and your attorney is in a holding pattern with the other side. It is best to have open communication with your counsel. Let them understand your concern. Calling opposing counsel by their first name is not an indicator of anything material in any context I can imagine.