Avvo Answers

The Answers You Need to Life’s Most Important Legal Questions

When facing legal issues, it is very common to have lots of questions. With that in mind, we’ve provided answers to some of your most frequently asked questions through Avvo. Take some time to read through these questions and answers. When done, if you still need more information, please contact us to speak with one of our attorneys.

My wife has falsely accused me of domestic violence.: We got married in 2014 and now we have a 3 months old baby. My wife is a u.s citizen and I was on H1B at the time of marriage. I got my green card based on marriage 1 year ago. A day ago she falsely accued me of endangering my baby and called cops on me when I was taking the baby to her grandparents, I came back with the baby and met cops to assure baby was safe with me and came back home safely. Next morning she accused me of domestic violence. And She has been harrasing me since 2 years saying she will cancel my green card and destroy my career if I don’t comply her rules.

Daniel’s answer: You need an attorney IMMEDIATELY! Specifically one who is experienced in both criminal and family law (Divorce/Custody). I would not wait on this, I would find, contact, and interview and attorney in your area as soon a possible. If you do not like the first one you meet find another, but I would get the ball rolling today.

My ex and I both went to mediation for custody for our 6 year old son.: Neither of us had attorney’s. We finally came to an agreement 2 weeks ago and the mediation attorney is drawing up all of the papers to sign. We are due back at the mediators office on the 18th of August, but now my ex wife is telling me she is not going to sign them. Can she do this?

Daniel’s answer: She can refuse to sign the agreement. However, agreements made in mediation are usually admissible in court. This does not mean that the court will issue an order pursuant to the terms of your agreement, but tactically the Court knowing that there was an agreement that she backed out of could work to your benefit depending on the circumstances.

I would highly recommend hiring an attorney to help. Most attorneys offer a free consultation and will work out a payment plan with you if needed. Representing yourself in a divorce case leaves you open for current and future problems.

What do I do if they opposing attorney lied in court and YES I can prove it?: SERIOUS LEGAL GENIUS NEEDED. I am Pro Se currently in a custody battle, my ex and his attorney went into the court and filed for custody of my son after I was awarded custody the year prior. I was not served even though they claimed that I was and that the papers had been sent back RETURN TO SENDER. The judge would not vacate. Well this last court date we were both supposed to give discoveries to each other. I mailed mine to his office and when I hadnt heard back I took copies into him. His secretary said they sent them to the ex’s house vs mine. I took the envelope. it was empty. In court the atty stated that he didnt give me mine because he didnt get mine. I said thats not true because he did get mine and I have the env and he was lying, the judge gave him a cont based on a lie.

Daniel’s answer: The continuance is routine in this type of situation. You need to hire an attorney immediately. The longer you wait the worse it can get. Many attorneys provide free or no obligation consultations and are willing to set up a payment plan with you if they feel you will stick with the payment plan. I would suggest setting up and attending consultations with attorneys until you find on that you are comfortable with hiring.