Fam Law Final

FL-141

Declaration Re Service of Declaration of Disclosure & Income and Expense Declaration

Child and spousal support is calculated using this software program

XSpouse

QDRO (Qualified Domestic Relations Order)

an order issued by the court regarding the decision of a pension plan

How do you access local forms?

CourtSpace

Name of form used when there's a temporary judge?

stipulation for the appointment of court commissioner as temporary judge (LACIV 117)

Can a Request For Order be filed after judgment is entered?

Yes

Who should Wage garnishment be made payable to ?

State Disbursement Unit

What type of hearings are quazai criminal because its criminal in nature

Contempt Hearings

List the Constitutional rights re: contempt:

• Right against self-incrimination

• Right to counsel or attorney

• Right to cross examine witnesses

•Right to a speedy trial

In a Contempt Trial what findings must the Court make in order to determine guilt?

• K Had knowledge of order

• F Failed to comply with that order

• A Had the ability to comply

• W The failure to comply was willful

In contempt hearings what form is used as a referral to IDCO counsel for citee?

FAM -202

•The application for waiver of court fees and costs is automatically granted if it is not acted upon within ______ after it is submitted

5 court days

What is the cost of Domestic violence restraining orders to the moving party?

No cost

The request for Domestic Violence Restraining Order can be filed in what type of cases?

paternity case or dissolution

When a DVRO is filed, the court may issue?

Temporary Restraining Order

When a DVRO is filed, the court may issue temporary restraining orders. When this happens, filing party gets how many packets and which forms?

•3 packets

Forms:

•DV-100 (request for DVRO),

•Certified copy of DV-109 (notice of the court hearing + indicates if temp restraining order is in place),

•certified copy of DV-110 (temporary DVRO)

If request for DVRO is granted and DRVO is issued, FP gets 3 packets. List for who:

1 is for filing party

1 is for restrained party

1 is for local law enforcement

Which restraining order is the appropriate restraining order type when the alleged restraining party is a sister in law?

Domestic Violence

A minor___ years or older may file a request for a Domestic Violence restraining order against another individual with our without parental permission

12 yrs

What is the process at the time of the hearing for a restraining order:

Proof of Service form DV 200 must be presented unless :

•restrained party is present in the courtroom

•Waives proper service

•agrees to proceed

List the Different type of restraining orders:

•Domestic Violence Restraining Order (DVRO)

•Civil harassment Restraining Order (CHRO)

•Elder Abuse Restraining Order (EARO)

•Workplace Violence (WVRO)

•Elder Restraining Order Allowing Contact (EROAC)

•Firearms (Gun Violence) GVRO

•School Violence (SVO)

•Transitional Housing (THRO)

Name the hearings or at least 2 hearings that require the JA to include the event and party in the event supplemental hearing information:

•Evidentiary hearing

•Review hearing Proof of Firearms Surrender

Minute orders in both related and consolidated actions must clearly indicate the following:

•All case numbers ordered related or consolidated

•The designation of the lead case number

•The department to which the cases are being assigned

•When cases are being ordered consolidated the Minute Order must include:

•Language indicating that all future filings are to be filed under the lead case only

•If appropriate that all future dates are advanced and vacated or hearings reset in the lead case

Court acquires this over the respondent when the respondent is either served or appears:

jurisdiction

What is the fee to file responsive declaration to an Request For Order?

$0.00

Method of service for an O.S.C re: contempt ?

Personal service

O.S.C re: contempt hearings may only proceed if ?

personal service was used to serve the other party

Default may be entered against respondent if ?

respondent Fails to Respond within 30 days of being served

What must parties attend before hearing on issues of custody and visitation may be held?

mediation

Name the type of custody of Both parents have the right to make decisions regarding minors school religious activities, and extracurriculars:

joint legal custody

Name the type of custody If minor lives with one parent most of or all of the time?

primary physical custody

(FCS) family court services offers :

•mediation

•child interviews

•parenting plan assessment services

fee for filing responsive declaration to a request for order:

0.00

payments towards child support are made payable to ?

state disbursement unit: wage garnishments

When the noncustodial parent must pay to the custodian for child's basic living expenses, this is known as?

child support

A civil harassment restraining order cannot be filed in what type of case?

•a dissolution case (only DVRO)

When someone owes past due child/spousal support, this is known as?

arrears

if the court separates and grants termination of marital status prior to the trial on remaining issues, the case is knows as ?

bifurcated

If an application for Fee Waiver of court fees and costs is not acted upon...

within 5 court days it is automatically granted

What is the most common reason for granting dissolution of marriage or legal separation:

irreconcilable differences

In a dissolution with minor child case, the following 4 types of visitation is allowed:

•visitation schedule

•supervised vitiation

•no visitation

•reasonable visitation

once the judgment is entered, if a party requests change of order, what form must be filed?

request for order (FL-300)

How many parenting plan assessment slots are given per department per month ?

2

Name the types of judgments :

•default judgment

•stipulated judgment

•contested judgment

What is the process when a Bench Officer appoints minor's counsel:

• Ask the counsel's name

• Find out if the attorney can accept the appointment

• Ask if the pay is private (% of each party?) or a PACE appt (level of appointment?)

• Prepare form FL-323 and give to judicial officer to complete/sign

• Enter language in MO

• Serve MO and filed FL-323 form copies to parties and minor's counsel

What is the process for Patenting an Assessment?

• Ask judicial officer for the amount to be paid by each party

• Review FCS evaluation calendar for available dates in Enterprise Justice (EJ)

• Tell judicial Officer available dates

• Judicial officer will pick date

• Schedule the date on the FCS calendar in EJ immediately

• Prepare necessary forms

• Give forms to parties to fill out and collect if provided in court OR direct parties to complete and submit electronically

• Complete minute order

• Send FCS all necessary documents

• Schedule future hearing at 1:30 p.m.