Your options here is your attorney is going to need to first move on the community property settlement and get the proof that the settlement money was separate property (only the portion attributed to lost wages may arguably be community property, but that is an issue of fact for the court
). As far as removing the abuse allegation, this is where the attorney has to request a hearing to have it stricken and will need to put forth witnesses to refute her allegations. These allegations get made so many times in these cases and when the court has nothing but your statement and her statement they require some additional evidence in the form of witnesses to tip the scale in your favor and when they cannot they tend to err on the side of caution in issuing some type of order just to cover themselves. The LA courts are pretty up to speed on these types of allegations and how they are used many times to seek favorable decisions on other parts of the case, so if you can put up just some witness or additional evidence to dispute her claims then you have a better than average chance as long a there have not been any domestic violence
arrests, which is what I thought you were referring to when you said "charges" against you.
I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer (EVEN IF YOU ARE A SUBSCRIPTION MEMBER). This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
PLEASE NOTE WELL: IF YOU CLICK OPT OUT I CANNOT REPLY TO YOUR FOLLOW UP QUESTIONS AND YOU MAY NEVER GET ANY REPLY OR IT WILL DELAY MY ABILITY TO REPLY TO YOU. Also, if you use RELIST, I MAY NOT SEE YOUR RESPONSE AND IT WILL DELAY YOUR REPLY.
You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”
YOU CAN ALSO GO TO http://www.justanswer.com/lp/19qy-PaulMJD and request me.