Blog Posts in 2011

Mutual Restraining Orders

When you appear for a domestic violence restraining order, the Judge can grant mutual restraining orders on a very limited basis. Family Law Code section 6305 states that, "the court may not ...
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Continuances in TRO Hearings

Does the Respondent Have A Right to a Continuance? Yes. When the respondent appears to defend a domestic violence restraining order, he has an automatic right to continue the matter. He can ask the ...
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How to file an answer if served with a TRO

If you are served with a temporary restraining order, you must file an answer (response) with the court. The following provides links to said forms. However, it is also important to file your own ...
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Types of Restraining Orders

When law enforcement respond to a domestic violence call, they can ask a bench offcier for an EPO. This stands for emergency protective order. It is issued by a law enforcement officer with the ...
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What is Harassment?

What is the Definition of Harassment? Harassment means unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously annoys, ...
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Who Can Seek a Restraining Order?

Who May Seek Protection Under the Civil Harassment Restraining Order Laws Any person who believes that they have suffered harassment may seek a TRO (temporary restraining order) and an injunction ...
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Arson (Crimes Against Property)

Arson: California Penal Code §451 One example of a crime against property is arson. While crimes against property are thought to be less serious that crimes with human victims, arson is taken ...
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What is Medical Marijuana

What is Medical Marijuana? In California, SB 420 recognizes all patients' rights listed in Proposition 215 and codified in Health and Safety Code section 11362.71. The California laws do not trump ...
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Theft Crimes

Many people ask what the difference is between robbery and burglary. In California, these two charges have some similarities, but not many. Penal Code section 459 defines burglary. Any individual that ...
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Medical Marijuana

If you are asserting a medical marijuana defense, you must ensure that the prosecution uses a medical marijuana expert. Most peace officers are NOT trained to recognized medical marijuana use. ...
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Knowing the Rights of Medical Marijuana Patients

Diamond & Associates encounters many clients who are surprised when they are arrested for possession of marijuana despite the fact that they are in the possession of a valid medical marijuana ...
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The Trend of Legal Drugs

Miley Cyrus' recent bong controversy has propelled the legal drug "salvia" into the spotlight. Salvia is a legal, undetectable natural herb that induces psychedelic effects. Another ...
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