Posts Tagged judge
what kind of ‘order’ is this from the judge?
Posted by admin in Court Ordered Rehabilitation on December 1, 2011
Question by j: what kind of ‘order’ is this from the judge?
I want my tenants removed from my home. We went to court and agreed (since there was no lease and no written agreement) that I would give them 30 days to vacate and as the jude VERBALLY explained after 30 days they will issue a WRIT and they will be thrown out physically if need be.
However when I look at the ‘settlement agreement’ we all signed in the courtroom there are 3 options at the bottom and the judge marked all 3??
1) no writ of recovery is requested at this time. The signed agreement serves as settlement.
2) Defendant(s) shall vacate on or before 11-16-11 or a WRIT OF RECOVERY shall be issued by default by request and payment of fee.
3) if there is a violation of the above terms, judement may be entered and Plantiff will obatin a Writ of Recovery , upon filing of an affidavit establishing such fact.
SO…is it AUTOMATIC WRIT after 30 days or do I have to go to court again or what??
Best answer:
Answer by Artemis Agrotera
If they do not vacate after the 30 days, you have to go back to court and obtain a Writ – which you will have to pay for. The Writ will be issued automatically – without delay and without your tenants needing to appear.
You would then need to take your signed Writ to the Sheriff’s Department and pay a fee to them to proceed with the physical eviction.
What do you think? Answer below!
Biased Family Court Judge ordered unfounded drug testing?
Posted by admin in Court Ordered Rehabilitation on September 8, 2011
Question by NICE2KNOW: Biased Family Court Judge ordered unfounded drug testing?
Based solely upon request of other parent who lost joint custody due to history of abusing our child, our judge ordered me to take a drug test, although i have no criminal record or history of related issues, indicating that custody would be modified if my test showed positive for drugs. I have never exposed our child to drugs, and have been the only parent providing a home and care for our child since birth. Can I be tested without just cause and lose sole custody for testing positive for marijuana?
How do we protect our rights against the government’s violation of privacy, if biased judges make orders for a custodial parent to drug test, despite the fact there has been no history of the parent mistreating the child, dui or drug convictions, or other foundation, and based solely based upon a frivolous request rooted in animosity by a non-custodial parent, who in fact, has only sporadically exercised their supervised visitation, which was ordered because of their own lengthy history of having abused the child?
Best answer:
Answer by bic
someone has a guilty conscience. yes you can.
Know better? Leave your own answer in the comments!
Can a judge award child support if the non custodial parent isn’t working?
Posted by admin in Court Ordered Rehabilitation on August 14, 2011
Question by CaCO3Girl: Can a judge award child support if the non custodial parent isn’t working?
The short story without all the drama, is that my husband has this wonderful child, and he got custody of him from his ex, who after a 9 month court battle simply agreed to give my husband primary custody of the child so we wouldn’t get up in court and read into the record what a horrible person and mother she is. We had witnesses and teachers and other child care professionals that had interacted with both parties ready to say she was pretty much unfit, and the child belonged with us.
So, after all that our lawyer said that child support had to be awarded or the judge would never sign off on it. So, we asked for a week, and we pay all medical stuff and daycare. a week is not earth shattering but enough to get special treats or new shoes now and then. We really weren’t trying to be mean, but if child support had to be awarded we thought we were being pretty nice.
Well now the mom is coming back saying she only works 1-2 days a week, so she can’t pay that amount, and the judge never should have signed it based on the child support worksheet. She says if she works more than 1-2 days a week then she looses all of her government stuff like low income houseing and medicaid and food stamps….etc. she agreed to the order in court and the judge signed it, but now she says she doesn’t make enough to give that. Well it is set up through child support recovery, so we have no control over it.
So, I guess my question is, if we have to go back to court over this how will the judge look at it? Will he base what she should pay on minimum wage at 40 hours a week, or what she actually makes, considering she chooses not to work more.
Thoughts????
Best answer:
Answer by hsmom
Idk, what the Judge would do… but is it really worth it? If she is that neglectful and terrible, do you really want to have to deal with her at all? 50 bucks a week isn’t that much, like you said. I think I would just forget about it and be glad I didn’t have to deal with her.
Give your answer to this question below!
letter to judge after FTA on DUI.?
Posted by admin in Court Ordered Rehabilitation on March 17, 2011
Question by Babygirl: letter to judge after FTA on DUI.?
after my Minor Consumption of alcohol Operating a Motor Vehicle, when i was nineteen, the judge orderd Victims impact panel, alcohol assestment, fees and community service i was to report back with all this done but when i went back i only had a fraction of the fees paid with none of the orders complete so he gave me another court date to come back with the victims impact pannel complete, but i flew to alaska to support my girlfriend with the birth of our child, as a nineteen year old i only had 200 in my pocket in a another state. I missed my court date and its been 2 years later to this date, i Have completed everything the judge orderd up here in alaska finaly have vacation time for me to fly down at the end of the month, but before i apear to see him should i Write him a letter to explain my situation and explain since then i havnt had any run ins with the law or any to make him more mad then he might be. Should i write a letter? will it help? what do you think the judge might do
am i looking at jail time?
Best answer:
Answer by Nightrider
That can be touchy. Judging the time elements and lack of response in the first part, the Judge is probably considering you a scoff law. Yes, it will help knowing everything has since been completed, but waiting two years is the part that will hurt.
As far as the letter, it is all up to the interpretation by the Judge. Perception is absolute in something of this nature. If you feel compelled to put this in writing, I would seriously suggest getting profession legal help in writing it out. It would be worthwhile to pay an attorney or paralegal to help draft the terminology so it will be perceived in a proper frame of mind.
Best of luck and I hope you can find this useful
What do you think? Answer below!
newest Judge Orders Alcohol News
Posted by admin in Court Ordered Rehabilitation on March 16, 2011
newest Judge Orders Alcohol News
Posted by admin in Court Ordered Rehabilitation on March 10, 2011
NY judge orders DWI retrial amid crime lab woes
A judge ordered a new trial Monday for a New York woman convicted of drunken driving, citing last month’s closure of a county crime lab because of inaccuracies with drug analysis and subsequent revelations that some blood-alcohol testing had been mislabeled.
Read more on Seattle Times
Judge bars Charlie Sheen from kids, ex-wife
Posted by admin in Court Ordered Rehabilitation on March 4, 2011
Judge bars Charlie Sheen from kids, ex-wife
The firestorm around Charlie Sheen escalated on Wednesday when a judge ordered his two sons removed from the actor’s home after his ex-wife obtained a stay-away order against Sheen, claiming he had threatened her.
Read more on People’s Daily
Paris prosecutors say Galliano to stand trial
Paris prosecutors on Wednesday ordered John Galliano to stand trial over alleged racial insults — a development welcomed by the famous fashion designer’s attorney, who said his client has been the victim of a “veritable lynching” in the court of public opinion.
Read more on Boston Globe
Charlie Sheen loses access to sons
Charlie Sheen is not allowed to communicate with or be within 100 yards of his 23-month-old twin sons or his estranged wife Brooke Mueller after a judge removed his custody rights and imposed a restraining order.
Read more on NZCity
Judge to Lindsay Lohan: Plea Deal Means Jail Time
Posted by admin in Court Ordered Rehabilitation on February 26, 2011
Judge to Lindsay Lohan: Plea Deal Means Jail Time
A judge told Lindsay Lohan on Wednesday that she will go to jail if she accepts a plea deal on a charge of stealing a ,500 necklace. Los Angeles Superior Court Judge Keith Schwartz, addressing the actress directly, said he will sentence her to jail if she pleaded guilty or no contest to the felony charge. He did not specify the length of the sentence. Lindsay Lohan pleads not guilty to felony …
Read more on omg!
Judge tells Lindsay Lohan guilty plea means jail
Lindsay Lohan was warned on Wednesday that any plea bargain on her jewelry theft charge would involve jail time, but the troubled actress seemed set on rejecting any deals and opting instead to risk a trial.
Read more on GMA News
Lindsay Lohan warned of jail time in jewelry case
LOS ANGELES (Reuters) – Troubled actress Lindsay Lohan on Wednesday was given two weeks to consider a plea deal in her jewelry theft case and warned by a judge that she faced jail time if she decided to plead guilty.
Read more on Reuters via Yahoo! Singapore News
Cohabitation is not needed anymore for Palimony according to NJ Judge. What are your thoughts on this?
Posted by admin in Court Ordered Rehabilitation on February 20, 2011
Question by Khankrumthebulgar: Cohabitation is not needed anymore for Palimony according to NJ Judge. What are your thoughts on this?
Palimony ruling sets precedent in Jersey
Justices: Cohabitation is not the only factor
Wednesday, June 18, 2008
BY TOM HESTER
Star-Ledger Staff
In a decision described as the first of its type in the nation, the state Supreme Court ruled yesterday that a couple does not have to live together in order for one partner to sue the other for palimony after a breakup.
The high court ruled that judges should consider the “entirety” of a couple’s relationship, and that cohabitation is only one factor in deciding whether they had a “marital-type relationship.”
The ruling overturned an appeals court decision last year that said there is no basis for a palimony suit unless a couple lived together.
“It is the promise of support, expressed or implied, coupled with a marital-type relationship, that are the indispensable elements to support a valid claim of palimony,” Justice John Wallace wrote for the court.
The high court was ruling in the case of a former North Bergen woman who was attempting to sue a prominent, wealthy and married Manhattan ophthalmologist for palimony after he ended a 20-year relationship.
“This is the first ruling of its type in the country,” said William Goldberg, the Hackensack-based attorney for the defendant in the case, retired ophthalmologist Francis L’Esperance, 75. “I don’t remember any case in the United States ever permitting recovery where cohabitation did not exist. This is the first case that says there does not necessarily have to be a ‘bright-line’ requirement that cohabitation must exist, but it certainly is the most significant factor.”
Alan Zegas, a Chatham-based family law attorney, said the decision is precedent-setting.
“The court appears to be evaluating the case in terms of requiring lower courts to examine whether promises were made that would cause one of the partners to believe a relationship existed, that it was similar to a marriage,” he said. “I think the door is now wide open on these types of claims.”
The justices left it up to Superior Court judges to determine when there is grounds for a palimony suit. Palimony is a court-ordered allowance paid by one member of an unmarried couple following a breakup. Alimony payments involve married couples.
“The Family Court is well equipped to consider highly personal facts and to determine whether a plaintiff’s claim for support based on a marital-type relationship has merit,” Wallace wrote.
The New Jersey courts have ruled since 1979 that cohabitation was necessary to bring a palimony suit. Prior to that year, the courts would not enforce support claims involving unmarried couples or married couples not living with their spouses.
The ruling did not help the woman who made the palimony claim, Helen Devaney, 47, now of Brooklyn. The justices turned away Devaney’s contention that an unsuccessful effort to conceive a child with L’Esperance in 2003 “demonstrates that their relationship was sufficiently akin to a marriage.”
They found she did not present enough evidence to uphold her palimony claim. L’Esperance, a pioneer in laser eye surgery, provided Devaney with money and a condominium in North Bergen.
Devaney was 23 and L’Esperance 51 when she went to work for him in 1983. After a few months, their relationship became intimate. She knew he was married, but he told her he planned to get a divorce. The couple saw each other no more than two or three evenings each week and sometimes one day on the weekend. During the seven years Devaney lived in the condo, L’Esperance spent no more than seven nights there, according to the decision.
The justices noted the trial judge found Devaney relied on L’Esperance’s promises to take care of her and she eventually became financially dependent on L’Esperance.
“As the trial judge so aptly phrased it,” Wallace wrote, “‘the parties’ relationship was best characterized as a dating relationship.’”
Tom Hester may be reached at thester@starledger.com or (609) 292-0557.
Best answer:
Answer by johno
That is ridiculous! I’m glad she didn’t get any money, she is probably just pis*ed about wasted many years of her life. It’s not the guys fault why should he have to pay, can’t she work?
What do you think? Answer below!
Lindsay Lohan pleads not guilty to felony theft charge; Judge tells her “don’t push your luck”
Posted by admin in Court Ordered Rehabilitation on February 16, 2011
Lindsay Lohan pleads not guilty to felony theft charge; Judge tells her “don’t push your luck”
Lindsay Lohan has pleaded not guilty to grand theft in Los Angeles Superior Court.
Read more on WFLX FOX 29
Judge to Lohan: “Don’t Push Your Luck”
Lohan is accused of stealing a necklace from a Venice jeweler. Watch Jaime Chambers’ report LOS ANGELES (KTLA) — Lindsay Lohan pleaded not guilty to a felony grand theft charge Wednesday.
Read more on The 33 News Dallas Fort Worth
D.A.: Lindsay Lohan to be charged with grand theft
Lindsay Lohan is due in court Wednesday afternoon, where the Los Angeles District Attorney’s office plans to file a felony count of grand theft against the Mean Girls actress, a D.A. spokesperson tells TVGuide.com.
Read more on ABC 7 Gulfshore News
Lindsay Lohan pleads not guilty to theft charge
If convicted, the 24-year-old “Mean Girls” star could be sent to prison for up to three years, prosecutors say.
Read more on MSNBC
Judge orders trial for man in US mosque plot
Posted by admin in Court Ordered Rehabilitation on February 15, 2011
Judge orders trial for man in US mosque plot
A California man accused of plotting to attack a popular Detroit-area mosque was ordered to stand trial Friday after police testified that he had 96 fireworks in his car, including M-80 firecrackers and smoke bombs.
Read more on ABC 6 Providence
Q&A: Can a judge grant sole custody to ex-wife at default hearing?
Posted by admin in Court Ordered Rehabilitation on February 1, 2011
Question by Deus: Can a judge grant sole custody to ex-wife at default hearing?
My ex-wife filed for divorce April 2008. I did not respond to the filing because I could not afford to plus I did not have issues with anything in the court order with exception to her wanting full custody of our children. We went to mediation in June and everything worked out fine. We had a 7 day on/off arrangement. Day before the hearing, she asked me back. I said no. Day of court, she changed her mind and did not agree with the mediator’s report. Judge sent us back to mediation. In the second mediation, she displayed emotions and had accusations that the mediator deemed based on emotions and even said “mother’s feelings for father are not resolved and affecting ability to co-parent with father.” She recommended joint custody and we went back to court. day of court, ex-wife disagreed with recommendation, but judge adopted it into an order without modification effective June 11, 2008. She wanted to take it to trial, but then dropped it because she was tired of being in and out of court.
Months past and my ex-wife files Request for Default because I did not respond to original divorce petition. She had a default hearing on October 22, 2008. I was not allowed to appear because I defaulted. In that hearing, she was awarded what she wanted in her divorce (I had no issues with that). He also awarded her sole physical/legal custody of our children.
I am a good father to our children. I do not do drugs, alcohol, nor abuse our children. I have a stable job, reliable transportation and housing for them. The previous orders set were in good standing, neither of us violating anything.
My question is, why would the judge just allow/grant her sole physical/legal custody when there were orders in place as of June 11, 2008, in good standing? And keep in mind, those orders were a mediator’s recommendations, adopted into an order by a judge at the court. Nothing had changed since the June 11, 2008 order as far as job status, etc. We both live 20 minutes from each other, so it was not like I moved out of state.
I filed an Order to Show Cause on October 28th to contest the current custody order. I have a court date on December 1, 2008. I am asking this question because I know the courts do not like to waste time and I wanted to know if I even have a fighting chance, since I defaulted on her original filing? Even so, why would the judge just give it to her without considering our previous order that granted joint legal/physical to both of us? FYI: I cannot afford a lawyer and am doing this on my own.
I live in California, Sacramento County.
Help please!!!
Brianna, I understand that, but when she served the papers for Request for Default, I did not see a court date on there. I called the clerk and she said I did not need to respond to the filing nor attend the hearing because I was in default. The papers did NOT have a court date for the default hearing.
Best answer:
Answer by Brianna
When you don’t show up to court and send in no legal papers stating for a continuance, you look as if you don’t care. Therefore the judge based his opinion on your lack of interest. Which shows you as an uncaring father and not a caring one to not even show up for the hearing. The judge bases it upon that day and not your entire history. You were not there to contest, so it was un uncontested request, what else could he do but award the custody? The previous order was probably not brought into the court room, no need without you there to contest custody.
Now, you do have a chance at this, you would do much better if you found a pro-bono attorney or find out if you qualify for legal aid. You need to get a judge to sign in that she cannot keep filing for different custody rights every other month when she’s upset. You should also ask him to force her into counseling so she can get over her feelings for you and to stop using the children as punishment every time she’s upset.
Best of luck and learn from this. Never ignore a court date again. You can always file a continuance instead, base it upon how many days you have had to take off to work on the case yourself and how many days in court and mediation she has caused you to take already. A judge should easily grant a continuance next time.
Give your answer to this question below!
newest Judge Orders Alcohol News
Posted by admin in Court Ordered Rehabilitation on January 27, 2011
Dropping the Hammer on DUI Offenders… and More
GH judge has low tolerance for repeat DUI offenders who disregard previous court orders — but his job is to make sure justice is done, not just giving out punishments.
Read more on The Kitsap Sun
Court revives lawsuit challenging Indian casino
ALLEGAN COUNTY A federal appeals court revived a lawsuit challenging a new casino in southwest Michigan on Friday, the same day the American Indian tribe announced when it would open.
Read more on Detroit Free Press
Alleged battery victim planned one-on-one meeting with Lindsay Lohan
A Lindsay Lohan associate held talks with an attorney for a Betty Ford clinic medical technician, whom she is under investigation on suspicion of allegedly battering, with a view to a sit-down meeting that could have been filmed or photographed…
Read more on Los Angeles Times
Q&A: What do you think about this court decision? from Yahoo News… Judge: Man must display victim’s picture?
Posted by admin in Court Ordered Rehabilitation on January 21, 2011
Question by johnnybassline: What do you think about this court decision? from Yahoo News… Judge: Man must display victim’s picture?
BARTOW, Fla. – A judge has ordered a man who pleaded guilty to vehicular homicide to display a large picture of the victim in his home after serving two years in prison.
Circuit Judge Robert Doyel said Friday that the picture must be at least 2 feet wide and displayed prominently. It also must include lettering that says: ‘I’m sorry I killed you.’
Arthur Pierce, 31, was racing with his cousin on a busy street when they caused an accident that killed 17-year-old Chelsi Gregory, authorities said. Witnesses told police Pierce was swerving in traffic at about 120 mph when his Cadillac collided with a pickup in which Gregory was a passenger.
A prosecutor also said alcohol was a factor in the crash. Pierce’s cousin, Christopher Pierce, is set to be sentenced April 5.
An advocate for Mothers Against Drunk Driving requested the photograph be part of Pierce’s sentence, according to The Ledger of Lakeland newspaper.
The judge said that Pierce’s probation officer will be allowed to search his hom
The judge said that Pierce’s probation officer will be allowed to search his home at any time, and if the photograph is not displayed, it will be considered a probation violation.
Best answer:
Answer by Ed P
If it makes him think ?/?Remember he was convicted once. How many times did he not get caught????
Add your own answer in the comments!
Q&A: If a legal document states: Judge xxx presiding defandant is ored to treatment at noca (a drug and alcohol reh
Posted by admin in Court Ordered Rehabilitation on December 25, 2010
Question by juls: If a legal document states: Judge xxx presiding defandant is ored to treatment at noca (a drug and alcohol reh
would this be considered a court order and what would happen if they just left
Best answer:
Answer by Meow
You would have a warrent out for your arrest and you would be arrested and sentenced to jail time.
Give your answer to this question below!
newest Judge Orders Alcohol News
Posted by admin in Court Ordered Rehabilitation on December 24, 2010
Torrington Man Arrested in Assault of Off-Duty Officer Appears in Court (Web First)
LITCHFIELD — A Torrington resident who allegedly threw a beer bottle at a man who was beaten and on the ground outside of Bar 131 in Torrington was arraigned in Bantam Superior Court Thursday.
Read more on Litchfield County Times
Video released of B.C. man’s fatal encounter with Seattle police
Dramatic footage of a police officer gunning down a Vancouver Island man in Seattle has been released on the orders of a Washington state judge.
Read more on Dose
Venues vs. the LCB
Recent citations from the Pennsylvania Liquor Control Board have led the owners of two of Luzerne County’s best-known entertainment venues to challenge the fairness of the state’s liquor code.
Read more on Times Leader
If you were the judge, what would you do now in the Spears-Federline custody matter?
Posted by admin in Court Ordered Rehabilitation on December 7, 2010
Question by Uhlan: If you were the judge, what would you do now in the Spears-Federline custody matter?
I know it’s tabloid to care, but here goes anyway.
Having been around a few family law judges before, I doubt very much that this particular judge will take any further crap from young Ms. Spears.
I would not be surprised one bit if Spears was stirpped of all but occasional supervised visitation and ordered to seek substantial drug/alcohol/mental counseling prior to any further review by the Court.
Yes, no, or don’t care?
Best answer:
Answer by sugarpie2
full custody to kfed, with Brittany getting every wed and every other sat supervised visits for 4 hours.
Add your own answer in the comments!
newest Judge Orders Alcohol News
Posted by admin in Court Ordered Rehabilitation on December 3, 2010
if i got 3 tickets at once, what will the judge order me to do?
Posted by admin in Court Ordered Rehabilitation on December 2, 2010
Question by Alesha: if i got 3 tickets at once, what will the judge order me to do?
i got MIP of alcohol, MIP of tobacco and curfew in a public place. what will the judge most likely order me to do? will i have to go to juvie? if so, how long?
i have MIP of alcohol, MIP of tobacco and curfew in public place. im 16, and i live in texas. what will i get? juvie? or what?
Best answer:
Answer by NYC Chutzpah
Not juvie, but maybe community service. If I were your mother you’d be grounded for quite awhile
Give your answer to this question below!
newest Judge Orders Alcohol News
Posted by admin in Court Ordered Rehabilitation on November 28, 2010
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