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Defendant in a family visitation order has violated her end

Defendant in a family visitation order has violated her end of the agreement. Why is everyone telling me that I will get into trouble for not allowing visitation by skype while I wait for her to answer my petition for modification. She has emotionally abused my child during physical visitation and violated to the letter terms of the order. Why should I allow her to further confuse and manipulate my child and have to worry about getting in trouble over it. It is my duty as a parent to protect my kid why is everyone telling me different

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
Thank you for your time and help. I really appreciate you

HelloThank you for your time and help. I really appreciate you providing this service to me.My question.... is two-fold....Here is some background....I am divorced (final order signed 11/19/15) out of a 25 year marriage. My husband destroyed my life as I knew it. He lied when he filed his paperwork for a mental hygiene warrant on me. Stating he had tried to do all he could to get this taken care of prior to filing. (Had he done so, he would have known I was not psychotic. I even had multiple office notes from my psychiatrist that were highlighted "Severe depression with no psychotic tendencies" from every visit. He put me in a mental institution (I wouldn't have been had my interviewer not been multitasking and wrote some of my answers incorrectly and convincing the judge, with some difficulty, that I was a danger to myself and others). It rocked the foundation of my world. I would never hurt anyone, including myself. I hold life very sacred. I was a LPN, graduated top of my class and was class president. Passed my state boards with the least amount of questions possible. Held dual license in WV and KY. My passion was brain injury rehab and stroke. (I became disabled in 2009) Sadly when I was put there, the Doctor (head of the hospital) did everything to make sure I stayed. I believe it was 22 days. I think that my I behavior was in a manner fitting with the outrage I felt at being betrayed by a man I thought loved me, and being falsely accused of things.... not being psychotic. I was taught growing up that you told the truth if it "took the skin off of your back and sometimes it does". I also was brought up by a narcissistic abusive Mother whom expected perfection as I and my 3 siblings were a reflection of her and on her. So I did everything possible to be as near perfect as I could to not be in the path of her wrath.I have worked in a Psych hospital, midnight shift on the Children's unit. I know that I/and others were not monitored properly and that I did not receive my rights upon admission, I feel my rights were violated and saw many things that I do not feel were proper during that time. I think I entered the facility April 29 maybe the 30th as it was very late at night. I was supposedly psychotic and had other diagnosis as well. It is now September, less than 1 1/2 years later. I am discharged from my former psychiatric care for severe depression/anxiety brought on by years of abuse by my Mother. I had to go off of the medication given to me for being "psychotic" right after discharge as I was having severe side effects from it so I have not taken any medication for being psychotic since shortly after discharge. What is the likelihood that I "got over it" in such a short period of time as well as the other things I was labeled with in addition to my severe depression/anxiety and panic attacks?? Is there anything I can do regarding this to either have it looked into or to have the status changed?Secondly, my court order is that my ex (he grosses over $9,000 per month) is to pay me $2,000 per month. (I think it should be more). He did not pay while we were separated and I went through all the monies I had in the bank, to live on and keep up the home/bills we had formerly shared and care for our 2 puppies (both very ill). My income from disability is $810 (net). When he pays in this way instead of once a month, as ordered, I am short until the months come around that he catches up. Is this legal or should he have to pay the way it is written?More of my history.......I found out in 2013 I was born with 2 very rare condition by diagnosing myself. It explained a lot of my complicated medical history. The main one is associated with a large number of birth defects. I was born with only one kidney and have been diagnosed with kidney failure. I was born with 2 uterus' and had life threatening complications with 2 pregnancies. My life was saved (barbarically) by the bare hands of my OB/GYN resident and another physician while wide awake, when I was bleeding out from a complication and no surgeon or anesthesiologist was available to do so. I have had at least 12 surgeries and probably over 100 procedures. I have gained 2 more rare conditions since my birth for a total of 4. I see a specialist for every symptom as there is not a specialist for my main rare (Klippel Feil Syndrome). So life is very difficult to say the least.Thank you again for your time in reviewing and answering my questions.... Always is a pleasure to work with Just Answer.Kindly,Pamela

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
I am seeking to understand a Writ of Scire Facias that I

I am seeking to understand a Writ of Scire Facias that I received in the mail from a creditor whose debt was discharged in a bankruptcy almost 5 years ago. I am in the state of Georgia. Do you practice in GA or have resources here?JA: For starters, can you tell me where you are? State bankruptcy laws go hand-in-hand with federal ones.Customer: GeorgiaJA: Has anything been filed or reported?Customer: Our bankruptcy discharge was filed and reported almost 5 years ago. As for this debt, this is the first documentation I have received; the creditor seemed to have filed in another county than my county of residence, so I did not know this potential judgment existed until this week.JA: Anything else you want the lawyer to know before I connect you?Customer: No, that is it. Thank you.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
My girlfriend moved out 3 weeks ago and will not agree so

My girlfriend moved out 3 weeks ago and will not agree so sign a document of personal property division I have made 5 attempts to meet with her we met briefly to go over said paper I mentioned one thing on the list and she left without signing she said she would meet again on thur l but changed her plans and wasnt avail and would be on Friday (today) which I wasnt avail I notified her thur night letting her know I changed plans for the second time to sign the property agreement she just informed me she is busy doing something with the kids since I said Iwasnt avail and will not be avail til Monday ....what course do I take now to get this paper signed so she can remove her personal propertyJA: Since estate law varies from place to place, can you tell me what state this is in?Customer: VirginiaJA: Has anything been filed or reported?Customer: not that I know of not on my end NoJA: Anything else you want the lawyer to know before I connect you?Customer: I have taken her and her childrens clothing to where she was residing and also to a neutral party and notified her of such

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Nishan Parlakian

Principal Attorney

122 satisfied customers
Is an order to show cause hearing for a civil harassment

is an order to show cause hearing for a civil harassment case.Does this mean the petitioner has to show why they need an order? Or why the defendant shows cause to why he shouldn't be restrained? Or both? Can someone explain the process? In this case TRO was denied and an OSC hearing date was set. I have already been granted a DVTRO against the petitioner and I have a hearing date for a permanent order against the abuser

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Phillips Esq.

Attorney

Juris Doctor

18,336 satisfied customers
I have been attempting to resolve a legal issue that is

For LegaleaseI have been attempting to resolve a legal issue that is outlined in the Background attached hereto. Previously I discussed the issue with Law Educator and I am happy with the info he provided. However, I would like a second opinion regards ***** ***** of issues, and I have a couple of additional questions as follows (details of the case are provided in the Background and additional attachments):1) As noted in the background, I have been unable to perform personal service. I have filed the attached OSC twice and both times, the Court date came without success of personal service. Both times I requested to be able to perform substitute service and both times the Court ruled that this is criminal contempt and must be personally served. I am about to file this OSC again for the third time and I am considering requesting a ruling that this be treated as civil contempt, which is, as I understand, within the discretion of the Court. As a civil contempt, substitute service becomes possible under CCP 415. However, Law Educator states that a Default judgement would limit the judges ability to enforce and he suggests that I should hire a private investigator.(1) Do you agree that personal service is important to subsequent enforcement? Based on my limited experience, a good result for me would be a Court Order that money be paid. A court would not collect, so I would have to take collection action anyway. That would include recording an abstract of judgement against defendants assets and/or attachment of income. How does that change with respect to personal vs. substitute service?(2) Another apparent disadvantage to criminal contempt is defendant protections like burden of proof beyond a reasonable doubt, and double jeopardy. This case has already been before a judge 9 times since 2014, and several more times since 2004. On at least 2 occasions the case was dismissed due to technicalities. My guess is that the double jeopardy clause might have prevented re-filing as a result. The main issue for me in this case is the return of the money - not any punitive action. As a result, I see a significant advantage to me for this to be handled as civil contempt. Law Educator states that it is a reasonable request to make to the judge to treat this as civil vs. criminal contempt. Do you agree? Do you have anything to add?(3) What is the best way to advance the request for civil contempt? As I understand, the decision for civil vs. criminal is based on the relief sought by the petitioner. One non-notable source states "civil contempt sanctions aim to either: (1) restore the rights of the party who was wronged by the failure to satisfy the court's order; or (2) simply move an underlying proceeding along. Civil contempt sanctions typically end when the party in contempt complies with the court order, or when the underlying case is resolved", whereas criminal penalties are punitive. As such, I could simply re-write ATTACHMENT 8D-2016-4-2, REMEDY, on page 11, line 6-7 to state: "Clarke requests that the Court find Ashton guilty of contempt...". And, remove Item 2, punitive sanction. Is Item 1 regards ***** ***** for 10% interest ok or would that be considered punitive? Do you have any other suggestions on how to make the case for civil contempt for this new filing?

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

15,038 satisfied customers
I Have a judgment and garnishment I'm trying to vacate. I

I Have a judgment and garnishment I'm trying to vacate. I have an order to show cause with a court date of 7/29. I wont be in the country and am having a hard time trying to change the date.

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DrakeLAW

Juris Doctorate

634 satisfied customers
Recently, I had a case judgment vacated in NYS Supreme

Recently, I had a case judgment vacated in NYS Supreme Court without legal representation. At first it was listed as PER MARKED INVENTORY on June 10, 2016 almost 30 days ago, but now it is listed as disposed on June 10, 2016, which seems not likely. What I would like to know is can I still make an Order to Show Cause to vacate the judgment, if so what is the legal basis? (Cite a case, if one exist.)

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Phillips Esq.

Attorney

Juris Doctor

18,336 satisfied customers
There appears to be a problem in a case records that I have

There appears to be a problem in a case records that I have in NYS Supreme Court whereby one (1) of the two (2) of the defendants' attorney have filed a Show Cause Order to vacate a previous judgment while the other defendant's attorney has received the Show Cause Order, but did not respond and both defendants' attorneys were granted a vacated judgment by the Court based upon the application that one of the defendant's attorney had made. (Note: Further, based upon Court records it appears that a previous judge saw this problem in the record and decided to recuse himself from the case before my judgment was vacated as stated above.)It is my belief that at best the attorney, who did nothing would have received a default judgment based upon the application of the Show Cause Order to vacate the previous judgment. During this process I was not represented by an attorney. What I would like to know based upon the aforementioned problem is it in my best interest to request that the judge who vacated my judgment under the described conditions recuse himself among other things, if so what would be best legal basis to make such a request? (Cite, case law for this matter, please.)

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
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