Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

FOR JOSEPH, Is there a rule of law concerning evidence in

Customer Question
FOR JOSEPH, Is there a rule...
FOR JOSEPH,
Is there a rule of law concerning evidence in California that leaves an option where an indigent Pro Se can ask the Presiding Judge to supoena witness and affidavits during OSC hearing?
Submitted: 6 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 17 minutes by:
2/1/2011
Family Lawyer: Joseph, Family Law Attorney replied 6 years ago
Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7,280
Experience: I have over a decade of experience as a Family Law litigator
Verified

Are you asking about your ability to issue a subpoena for an OSC hearing? And, as you mention indigent, requesting the court to pay all associated fees?

 

 

I am going off-line for the evening. Please feel free to respond and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Ask Your Own Family Law Question
Customer reply replied 6 years ago

For Joseph

Thank you for your response so quickly. In regards XXXXX XXXXX first question, I was wondering if the courts afforded the same rights that the Judge could issue a supoena for a particular witness in the interest of justice on behalf of the indigent pro per if requested during the hearing or in the response paperwork. Usually there is a statute or rule covering this. The second question is interpreted correctly, yes to having the court pay fees as in criminal and civil proceeding. Look forward to your response'

Customer

Family Lawyer: Joseph, Family Law Attorney replied 6 years ago

Thank you for the additional information. With that in mind, I have a couple other points...

 

When is the hearing?

 

What is it in reference to?

 

How many witnesses do you intend to subpoena and what would the essence of their testimony be?

 

 

Thank you.

Ask Your Own Family Law Question
Customer reply replied 6 years ago

FOR JOSEPH

Thank You for the way you get try to get the whole picture.

1. The Hearing is scheduled for February 28, 2011

2. This OSC Hearing is For my Spouse to have Temporary Use of Marital Residence. I find nothing wrong with her having the residence as this was her home before we were married. I had a 3 Bedroom House before we married and she had a 4 bedroom house. it was easier to combine the furnishings and since my furnishings were new, we moved them into the marital residence.

3. The hearing is based on false allegations of Domestic Abuse.

4. Her initial TRO request was withdrawn on the hearing we had Jan 24, 2011, because I told her attorney in advance I would ask for the recorded msg that their assumption of Domestic Violence to be entered in court. Her attorney knew the recording would be EXCULPATORY as one of the witnesses on my behalf is the Deputy Chief of Police for the City and the other witness is the marriage counselor we were seeing.

5. My Spouse stated under oath there has never been any domestic abuse on my part.

6. In this OSC, if I agree as it is written, in essence PRIMA FACIE, the argument of Domestic Violence, is reintroduced and validated.

7. I gave full control of the Marital Residence to her on Jan 5, 2011. on Jan 12, 2011, her attorney filed this paperwork knowing the allegations were false.

8. I am supoenaing the Deputy Chief, The Recording of the Supposed threat, The Marriage Counselor, The recording of the call I made to Police Dept reporting a missing person, a detective who has said he is willing to be supeonaed because he has intimate knowledge of the spouse's activities. The Marriage counselor is willing to testify about my pattern of behavior in conflicts- I am a FLIGHTER. The Deputy Chief is willing to testify that I have NO HISTORY of Domestic Violence and that they have never been called to our marital home. I am a preacher of 22 years and highly involved in the community helping homeless veterans and their families.

9.I filed for BIFURCATION and included some of this in my Declaration. My spouses attorney wants me to pull my Motion as this would let them off the hook at the next hearing on the 28th.

Thanks

Customer

There is much more, but this kind of gives you a picture. My livelyhood depends on my reputation in the community. a public document where I say I agree with an inference of Domestic violence would be catastrophic for me and the people I minister to.

Family Lawyer: Joseph, Family Law Attorney replied 6 years ago

Sorry for the delay, it's been a busy day in my office. Regardless....

 

 

Thank you again for the additional information, certainly most helpful. As to the subpoenas, you can pick up blank template documents from your local clerk of court. They will have the specific document that is recognized by your local courthouse.

 

Simply fill out each subpoena appropriately for each witness. As to service, I was unable to locate anything that states the court will pay for service for indigent parties. However, California does permit service by any person over the age of 18 that is not a party. So, you can have any family member or friend serve it for you!

 

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. 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! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7,280
Experience: I have over a decade of experience as a Family Law litigator
Verified
Joseph and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Joseph Your Own Question
Joseph
Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7,280
7,280 Satisfied Customers
Experience: I have over a decade of experience as a Family Law litigator

Joseph is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Husband comitted domestic violence against and was vetbal
Husband comitted domestic violence against and was vetbal abusive to my daughter. He is the only caregiver to our 5 year son would he be able to care for our son if an order of protection is filed aga… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
Representing myself Pro-Se. On Dec 29th I filed a motion
Representing myself Pro-Se. On Dec 29th I filed a motion Concerning Parenting Time Disputes. Not thinking, I included as one of my bullets to be considered by the court, "I request an order scheduling… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,297 satisfied customers
I have a friend who is in jail for domestic abuse. The bond
I have a friend who is in jail for domestic abuse. The bond is set at $70,000. If he cannot be bonded out, do you know how long approximately they will keep him in jail till they released him?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
Trying to file a motion I'm thevictim in a domestic violence
trying to file a motion I'm thevictim in a domestic violence case and there are many laws being broken iin this small town court house.. like my right in the state of rhode island speedy trial. the fa… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
MY DAUGHTER was served a civil summons domestic violence An
mY DAUGHTER was served a civil summons domestic violence An Ex Parte order was issued against my daughter and she is to appear and answer the complaint. The allegations are false! Questions: Can chara… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,538 satisfied customers
This is for a FL divorce lawyer: We are filing pro-se the
Hi, this is for a FL divorce lawyer:We are filing pro-se the forms for an Uncontested divorce with no children or property. The question is, on the form entitled "PETITION FOR DISSOLUTION OF MARRIAGE … read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
My pro se points are due in just a few short hours, on an
My pro se points are due in just a few short hours, on an appeal. I need help ASAP. I live in arkansas. i have valid points of reversal. i need help writing this out, i have the breif report and my no… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a final "Domestic Violence Injunction, Florida 741.30
I had a final "Domestic Violence Injunction, Florida 741.30 place on me on 18 December, 17. This was placed on me by my daughter in law who has a history of trying to keep me from seeing my Grandchild… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Only please: Is there any case law which awards Pro Se
This question is for Ray only please:Is there any case law which awards Pro Se representative $/hour of the pro se's time. This is because of the cannibalized work income. In cases *(such as my NJ Fam… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
Can domestic violence case be reopened after few years. Ca.
Can domestic violence case be reopened after few years … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
I have a question regarding domestic violence. Hawaii. I
I received a phone call this evening from Hawaii police. My 16 year old sons girlfriend and mother went to the station and made a statement. Now, then want me to bring him down. They said they have to arrest him. That is the extent of my knowledge. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am a Pro Se defendant in a divorce case. We were married
I am a Pro Se defendant in a divorce case. We were married 32 years. We have three adult children 29, 28, 22. I go before the judge on Friday for a pendante lite motion. During the marriage, the past … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
My Daughter's fiancé was arrested for domestic violence that
My Daughter's fiancé was arrested for domestic violence that we are certain did not happen. She did not bring charges against him. She had no bruises. Along with a jail sentence (30 days), the judge i… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My husband was charged with domestic violence and felonious
My husband was charged with domestic violence and felonious assault. I stood up for him for the judge to drop the protection order and he did..... … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
I'm trying to find the pro se form for a petition to
I'm trying to find the pro se form for a petition to domesticate a foreign judgment from Florida to Georgia … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a domestic violence judgemant be overturned with
can a domestic violence judgemant be overturned with evidence that conterdicts everything presented at trial … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was granted a domestic violence temporary restraining
I was granted a domestic violence temporary restraining order and The restraining order was from one assault alone. Also keep in mind another assault was not included in original request. I did not sh… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
I'm a domestic violence/ assault victim/survivor proceeding
Hello, I'm a domestic violence/sexual assault victim/survivor proceeding to petition for a complete identity change. The complete identity change will include a new name and a replacement birth certif… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x