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Bamieh Erickson Law – Southern California

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Is There a Statute of Limitations Defense to ...

Most lawsuits have a “statute of limitations.” These rules work to stop cases from being filed too long after the harm occurs. Civil and criminal cases both have them, but many family law cases do not. Usually, a statute of limitations gives a certain number of years after an event in which the lawsuit must be filed. Marriages can last for a few days or many years, and you can file for divorce at any time. The Law Offices of Bamieh and Erickson’s Ventura divorce attorneys explain why there is no statute of limitations defense in divorce cases and how time limits can still affect your divorce. Does the Statue of Limitations Stop a Divorce Case? Civil and criminal cases both have statute of limitations rules. These rules act to limit how long a wronged party has to file their lawsuit. For criminal cases, they limit how long the government has to file charges against someone who committed a crime, and for injury lawsuits, they limit how long the victim has to file for compensation. When there is an applicable statute of limitations, the defendant can “raise” the statute of limitations as a full defense to the allegations. In their initial answer to the plaintiff’s complaint, the document that lays out the legal issue they are suing for, the defendant can respond by claiming the case was filed too late. If the events leading to the lawsuit or charges occurred too long ago, it is unfair to bring a case with old, unreliable evidence against the defendant. Additionally, it is unfair for a defendant to spend years checking over...

What Are the Punishments for Repeat Probation...

Probation is an alternative punishment that often helps people avoid prison. When the judge hands down a sentence including probation, he will set limitations and rules that you must follow to maintain your freedom; failing to follow these limits can end your probation. If you were fortunate enough to avoid having your probation revoked after a first-time probation violation, you should be prepared for heightened penalties after repeat violations. The Ventura probation violation lawyers at The Law Offices of Bamieh and Erickson explain the penalties for repeat probation violation in CA. What are the Penalties for Probation Violation in CA? California’s probation system allows people who have been convicted of crimes to avoid incarceration as long as they follow certain rules. Most probation sentences involve a “suspended” sentence where the judge will order a potential term of prison or jail time that you would face, but the judge holds off on activating that sentence. Instead, you are permitted to stay out of prison as long as you continue to check in with probation officers (POs), avoid committing further crimes, and obey other rules. In the traditional view, failing to uphold any term of probation should mean an immediate return to jail. If you are permitted probation for a very severe crime like robbery or assault, this may still be the case; judges and prosecutors may not want to give any second chances for people seen as “dangerous.” In a strict situation, probation can be revoked even for minor or technical violations. In reality, judges may be more flexible in revoking probation. Most probation violations deal with failing to check...
Can You Adopt if You Have Cancer in Californi...

Can You Adopt if You Have Cancer in Californi...

Living with cancer can be incredibly difficult.  Much of your energy might be devoted to taking care of yourself and getting better.  However, something like cancer does not necessarily need to put your life on hold, and you may still be able to accomplish many things you want to do with your life, including adopting and becoming a parent.  For help with your adoption case, contact the Ventura adoption lawyers at The Law Offices of Bamieh and Erickson today. Does California Law Allow You to Adopt with Cancer? California’s adoption laws are incredibly broad.  One of the few requirements they have for allowing an adoption is simply that the person doing the adopting needs to be at least 10 years older than the person they’re adopting.  In many cases, this requirement is even waived if you adopt a stepchild, niece, nephew, or another family member. This means that there is no restriction against adopting while you are battling cancer.  If you are currently undergoing intensive treatment, it may be a significant burden on your life that makes adoption difficult.  However, if you are up to the challenge and want to adopt, you may still be allowed to. There are potential complications for adopting with cancer.  In nearly any adoption case, the court will order social workers to perform a home study, where the social worker writes a report determining your fitness to be a parent.  Many home studies end with the social worker suggesting improvements that would make the home more child-friendly, which need to be resolved before your application is approved.  Home studies also take into account the...
Can You Adopt if You Have a Disability in Cal...

Can You Adopt if You Have a Disability in Cal...

California’s adoption laws do not limit people with disabilities from being able to achieve their dreams of being a parent.  However, disabilities are legitimate concerns for the courts and social workers that approve your parental fitness.  Because of this, adopting a child may be more difficult if you suffer from a disability.  Talk to an attorney about the specifics of your case if you need help adopting with a disability.  The Ventura adoption lawyers at The Law Offices of Bamieh and Erickson may be able to help. Can Adults with Disabilities Adopt in CA? The definition of “disability” is often incredibly varied.  Some definitions may only include severe physical impairments which prevent you from doing daily tasks yourself, like quadriplegia or severe developmental disorders.  Others may refer to “handicaps” like paraplegia or cerebral palsy.  Furthermore, there are mental conditions which have varying degrees of impairment that may make it more difficult to parent, such as adult autism or even depression.  In any case, these conditions are not automatic bars to being a parent. Many people with these disabilities, major or minor, can still provide excellent parenting for their children, and simply having a disability is not a bar to adoption.  However, one of the considerations that courts and social workers make when approving adoption applications is the parent’s fitness. A physical or mental disability may make providing for your child more difficult.  If your disability is too severe to work for income to support your child or makes it impossible to care for yourself, let alone a child, the court might reject your application.  Investigations into your fitness to...
Can You Adopt if You Are Single in California...

Can You Adopt if You Are Single in California...

Families come in many shapes and sizes.  More and more Americans are not letting the fact that they do not have a spouse or a partner get in the way of their dreams of being a parent.  In many cases, adoption is not limited to married couples, and you may be able to adopt on your own.  This process is called “individual adoption” in California.  Many adoptions by single people are more complex and could suffer from instances of discrimination and unjustified rejections.  If you are single and looking to adopt, talk to a Ventura adoption attorney at The Law Offices of Bamieh and Erickson today. Do You Need to Be Married to Adopt in CA? California law allows many people to adopt.  CA law has very few requirements for adoption, the most important of which is that you must be 10 years older than the person you are adopting.  Even this requirement can be waived when adopting stepchildren and other family members.  Without many requirements, you are often free to adopt in CA. Marriage is not a requirement for adoption.  In fact, only allowing married parents to adopt could be construed as discrimination based on marital status.  Therefore there is no requirement that you need to be married to adopt in California.  If you are legally “single,” you can adopt. Do You Need to Be in a Relationship to Adopt in CA? California law is open to allowing people to make their own decisions and understands that not everyone sees a relationship as a necessary prerequisite for parenthood.  There are thousands of children in California – and millions...
What if You Plan to Move Out of State During ...

What if You Plan to Move Out of State During ...

Moving out of state during a divorce may be completely legal in many cases, but it may cause you some problems.  It is understandable that many people going through a divorce may want to move-on to a new state, return home to their parents, or return to familiar territory if they moved to CA for their spouse.  However, it may be difficult to handle your CA divorce case while living out of state, and you may be unable to file for divorce in your new home state.  The Ventura divorce lawyers at The Law Offices of Bamieh and Erickson explain some common issues with moving during a divorce. Can You Move During a California Divorce? If you have already filed for divorce – or your spouse has filed for divorce against you – it is understandable that you might move out of the house or to get a fresh start.  Courts commonly deal with issues surrounding peoples’ addresses and places of residence changing during a divorce.  A divorce case is not like a criminal case, which may stop you from leaving the state while charges are pending.  Instead, you still have the right to go wherever you want – you just need to be available to appear in court when required. In addition, you must meet the court’s residency requirements to handle your divorce case in that court.  In California, at least one party must be a resident of the state and county where the divorce is filed.  That means that if your spouse is not moving, you can file for divorce in the same county you used to...
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