The Challenge to Fix, Modify, Change, or Set Aside Improper Results after RFO Hearings; Prior Errors or Other Mistakes

In most cases, clients file a Request for Order (RFO) in Family law to modify something, ask for different legal reasons, or claim that the other party is doing, did, or will continue to engage in wrongful conduct, etc. While properly done RFOs are usually not heard for longer than 20minutes at most, many pro se clients simply do not have the ability to make the proper arguments, especially when they do not know the procedure, laws, or characterization of what legal theory they are attempting to present. Typically pro se clients start arguing their positions but do not understand the legal theory supporting their claims, if they even have one; further, most judges do not spend much time on non legal arguments unless the case is so bad, it's obvious what has occurred (child beaten up, child abandoned, child left with drugs in home, or other adverse conditions not on par with proper care of kids.)

THEN IF "MEDIATION" is ordered, which it usually will be, clients do not have a clue as to how to prepare for it. During COVID, the parents usually do not even get the luxury of meeting the mediator, and only get to talk on the phone with mediator. This makes the case much more difficult unless attorney such as attorney herein, sets up a session to coach the client on how to handle mediation. Failure to prepare is a big mistake and often will result in losing whatever you are trying to get. However, if handled carefully BEFORE any type of negotiation or actual mediation is done, a client can be more adequately prepared and his or her chances can usually be bettered.

Attorney has long known this and has methods of doing this, while it cannot be guaranteed, it will obviously be better than NOT being prepared at all !!! Of the clients that attorney herein has interviewed, almost none of the clients know much about mediation at all, and are seldom adequately prepared. If the mediator does not go in your favor, the usual way of trying to change that is to set for trial. In many cases, the Judge will adopt the mediator's recommendation about 70% of the time, but if one has an opportunity to change that, it would have to be set for trial.

In attorney's estimation, a certain percentage of mediation reports are not on point, but in general, attorney does have an idea of what to expect simply because of what has occurred in the case, which judge is handling the case, and how good of a listener the client is. Clients with issues involving drugs, crime or arrest will have more trouble; also any abuse, whether domestic violence, or harassment or other chargeable offenses will hurt the case. There are MANY things that some parents do that can easily wreck a case.

HOWEVER there are also steps to overcome this if the client is determined. Attorney is very interested in difficult cases because of the challenges. Easy cases are usually fairly boring, and attorney is not that interested in boring issues to be honest. Just saying!!!

Attorney's Favorite Dog Holiday Video--Oldie but Goodie!!!

https://www.youtube.com/watch?v=AUtPKbMwnRo&eurl=http://www.borzoi.org/ https://youtu.be/zUO-rCahoU4 animals doing tricks LOL Liberals in CA have steadily eroded the animal and pet industry, claiming that no one should be able to sell animals at a profit. YET many animal rescues are able to do the same thing, especially if the animal they obtain is an expensive one, and then as a "non profit" (if they actually are one) can index everything off anyway, and that's assuming they are even compliant with the AG laws on 501(c)(3) groups, which many are not in compliance, and no one bothers to check? Why?

Because there is no law that regulates "rescues" and there is no oversight for rescues in California? Further, there is still likely no oversight for groups that claim they are non profit but actually make profits off of reselling seized pets? Let me give an example. An alleged rescue group seizes 30 dogs or puppies and uses the CA penal code to do the seizure. Likely illegally from what cases attorney has seen.

THEN these people get together and make up a story which is not actually true, and then SELL the very animals that they claim NO ONE should be allowed to sell? (They have a law passed which makes it illegal to sell an animal such as a dog or cat--- ONLY the non profit or rescues or the pound is allowed to SELL the animals?)

" On Jan. 1, 2019, California enacted a prohibition on the sales of dogs, cats and rabbits in retail stores unless the animals were acquired from a shelter or rescue group that has a cooperative agreement with a shelter, humane society or society of the prevention of cruelty to animals."

THUS this means that a "rescue" can sell at retail, any animals they supposedly obtained via some agreement with a shelter, humane society or society for prevention of cruelty to animals. This means then, IF a "rescue" "humane society" or SPCA manages to broker a deal with people just outside of San Diego, an endless stream of animals simply gets moved into California and POOF ..... we now have thousands of puppies from other states and over the border? People--this has been going on for many years!!! It has long been known that the alleged non profits simply want to PROFIT themselves without being known as sellers of animals at a profit?

In this county, do we really believe that no rescues are making bank? If you believe that then you don't know much about sales, resale, or animals as pets. The truth is, there is a shortage of available good pet stock, and the animal rights rescues purposely intend to keep it that way so that they can lure you into the poor liddle puppy dog syndrome like an idiot? Because you bought into their baloney nonsense? So much of the public have never understood this bait switch nonsense. But because we worked in the industry for years, we have long known how it works.

Forget buying an animal from a rescue unless it's a cat rescue. [Cats have very little value when it comes to obtaining a cat unless it's a very expensive breed.] Buy your own puppy from a reputable breeder that actually knows the history of their animals, knows how to take care of them, and will not give away their animals cheaply. Do not believe idiots who tell you stories about where the animals allegely come from...

For that matter, much of the Los Angeles throw away dogs from the barrios simply are likely trucked straight to Best Friends in Utah. If you didn't know anything about Best Friends, go look it up on Wikipedia. Clearly Best Friends was a CULT and they are waiting for the end time whereupon they believe they will be saved because they keep so many alsatian dogs on the property? Who in their right mind keeps 1,500 dogs out in the desert? Do the math and figure it out every month Los Angeles in the aggregate cannot get rid of the barrio dogs which come into the shelters every single solitary month. They claim to get them homes but likely--they could never prove it. Do you believe you could get homes for 600 stray dogs every 40 days? LOL Yeah, if you're on glue!

https://www.scribd.com/document/10631836/The-Process-Church-and-Alistair-Cooke-- go read at least the first 2 paragraphs and you will get the drift. They are not much different from Scientology. Probably worse. There's nothing wrong with saving animals if you actually are getting them homes. "Given the many concerns about the outcomes for people and pets, coupled with the lack of evidence to show their efficacy, Best Friends does not support mandatory spay and neuter." WELL, nearly every county in California forces mandated altering UNLESS there is a local law that states differently. ALL shelter and rescued animals are allegedly required to be ALTERED.

You show us a way that hundreds of dogs no on wants simply get new homes out of thin air?? Every month? LOL Yeah right. The Los angeles barrio/general area might have less animals but it's still hundreds every month from more than one area. No one is probably counting (even though the state could do it) but to kill an animal usually they use the blue solution which is highly regulated. If they can't kill them all then they have to get rid of them because they can't keep them there. Supposedly their "numbers" are all great because they claim to just move and truck them out. Yeah, and who is following what dogs go where? We bet no one. Let's not forget, Best Friends owns TWO JETS. They are millionaires many times over. They spent either $40,000 or more just to fly to a European country and bring back STRAY DOGS???? Now if that doesn't piss you off, you need to be more informed.

Example, Riverside, re "
Altering of animals, dogs/cats.. Exemptions. This section shall not apply to any of the following:A.A dog with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the dog is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation; should this date be later than thirty (30) days, the owner or custodian must apply for an unaltered dog license. B.In the event that any dog follows under Section 6.08.120 A.3.A. of this chapter, a mandatory spay and neuter deposit fee of seventy-five dollars ($75.00) shall be paid before the animal is released from the shelter.C.A cat with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the cat is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation.D.In the event any cat follows under section 6.08.120 A.3.C. of this chapter, a mandatory spay and neuter deposit fee of forty dollars ($40.00) shall be paid before the animal is released from the shelter.E.Animals owned by recognized dog or cat breeders, as defined by department of animal services policy.F.Females over the age of 10 and males over the age of 12 are exempt from the spay and neuter requirement due to the biological improbability of reproduction, however, they will be required to purchase an unaltered license.

To be frank, only in a state like liberal California could people get away with interfering with commerce, such as with raising dogs to sell? The very clear implication is that in lower income areas such as barrios of Los angeles, most of the animals are not altered. Animal control just keeps taking them to the pounds. People who actually WANT to buy a dog from a breeder will often have to search far and wide and even sometimes buy the animal from another state. Breeders of titled dogs sell their dogs for very high prices and do not have huge litters (since they are raising show dogs..)

If you doubt anything stated herein, perhaps doing your own research from NON rescues or claimed 501(c)(3) groups will shed new light on what you don't know. Most people don't know and simply do not care, or they are not smart enough to do diligent research.

--- > WARNING.........CAREFULLY NOTE-- any type of tinkering or attempt to cause cessation or otherwise interfere with this site can be plausibly considered as interfering with a legal business that may, in certain cirumstances, fall under either the CA law re illegal actions, or the Federal law regarding same. Businesses that deal with animal enterprises will likely qualify [yes, this business of doing legal work with animal issues/animal enterprises would qualify in our opinion] Consider that stealing or even just releasing minks (live animals) out of their cages caused two young men to receive 14 year federal prison sentences. It is unlikely that the federal law will be changed.

New Help for YOU-- Savings on both Legal and Paralegal Work --Automatically, Find Out How?!!

Due to the problems of Covid and some people not being able to work full time, attorney is featuring cash savings to new clients. The initial consultation is free. Cases that will require an RFO (Request for Order) or other motion which needs to be heard by Judge, will usually qualify for the cash savings, and most other motions or long cause hearings in court, including Domestic Violence and protective orders, harassment, mediation, supervised visitation, drug testing cases,and more.

Typically this may involve various motions to modify, hearings involving mediation, and requests for drug testing, supervised visitation, or other issues such as requesting spousal support or modification of same. 

We guarantee another attorney of 20+ years experience will NOT be able to meet or exceed our value. (*It is true that some attorneys will charge you $250-$300 for a consultation/then apply that toward your fees. If you would rather pay upfront unnecessarily it's up to you, for a consultation.)

In addition, if you use our paralegal services also, you will save even more. Even though attorney can or may attend all hearings it is possible via Limited scope, to not have attorney attend every hearing and only have that done when necessary. (Not every hearing requires attorney in every cases..)

While many law and motion hearings take place daily, the key to winning is to know what you are doing with the case. When you believe you do know what you are doing BUT you are not making headway with the judge, then it's usually because you are not getting the point accross clearly, judge may not like you [believe me, it does happen] or the other side has lied so much that the court might start believing the wrong party? OR possibly you did not do the documents carefully enough, or you put too much unnecessary data in the moving arguments and judge stopped reading what you wrote.

When we see cases come in, they normally have some things that should have been done differently (if you are trying to win whatever you are doing) so if no one helps you fix your error, assuming there is one, you will likely not make much progress. If there is no error but judge is actually prejudiced against you {this does happen sometimes} we would have to review the entire file to see if that is what is occurring. Most cases may not have serious errors but lack the clarity coupled with legal reasoning to make the mark.

CONTACT US TODAY TO SEE IF WE CAN HELP YOU WITH YOUR CASE ---> and SAVE AT THE SAME TIME !! **Attorney can confidentally say that her cases usually do produce either a positive outcome or a win for client. It is not 100% but it is pretty close because our main purpose is to win whatever we are attempting. Our main goal is not settling unless the client wants only that.There is a big difference between settling and winning.

Clear cut cases usually mean one side has the winning side, HOWEVER-- it will depend on how long the case has been going, how bad the parties have been (or how good..), how many mistakes or errors have transpired, how many months or years has passed, how diligent each party was in the past, how bad each party was in the past, and a host of other factors. some cases are obviously much more difficult than others. Unlike some attorneys, attorney herein does not believe in settling everything, especially if something has been done which is very wrong, by the other party. IF nothing has been done which was wrong, then the case should take less time. However some clients will fight over everything, so it will depend on the client's beliefs in some respects. 

Family Law Attorney Carol Chan
5.0  Rating  · Divorce lawyer
2485 Notre Dame Blvd #370  CHICO 95928
Closed ⋅ Opens 9AM Mon · (530) 359-8810
WEBSITE (link to Butte County Attorney site)     https://affordablefamilylawattorneychico.blogspot.com/

176R

Winning Doesn't Matter?? Who is Kidding Whom??

DIVORCE--CUSTODY--SPOUSAL SUPPORT--IT ALL MATTERS

People, don't fool yourselves. Some litigation doesn't require the emotional toll
as much as others do. Money issues are bad, and custody is much worse. IN fact
custody is probably the worst hands down.

The real question is, would you want to hire an attorney to  lose your case?     

Most people love to say that "family law" means there are no winners.

Attorney herein is not your run of the mill attorney...some things that other attorneys
think are critical to practicing law, really aren't all that critical.

Well, maybe the people saying that, that there are "no winners" don't win any cases,
 or feel that families all lose  everything, or something different.
 Because there is no pat set of facts that create
 winning, it's obvious that if someone needs child support and gets the order, it's a win
 because they got what they requested?  If they got nothing, they certainly can't say
 they won, in our opinion.



Look at this, which we saw online:   ..."clients will want to find in an attorney, someone who is competent, communicative and diligent versus seeking out a win loss record..a win loss record is rarely a good measure in divorce and family law...."
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For some attorneys, maybe claiming a win loss record may not be a good measure of anything, but after MANY years of doing these cases, attorney herein believes that if a client desires an outcome, and attorney gets that outcome, that is a win for the client.  

If the attorney just wants to settle a case, that is an outcome, possibly it could be acceptable to both sides if each had to give up something, then it's a compromise.  Whether a compromise is a loss or win is usually up to the circumstances-- if a client had to really lose a lot in order to get the compromise, but overall in the long run it would be helpful down the road, that might be sort of a win over the long haul.

But telling people that a win loss record is not a good measure of a family law attorney is not necessarily correct, since any family law attorney that consistently loses cases is likely not doing something correctly.  Family law is much more difficult than it appears, and the emotional aspects alone make most attorneys run, run, run--away!! When compounded by clients with high anxiety  and medical or mental issues, the case becomes at least twice as difficult--- if not more.....

 The high emotional toll on the parties and even the attorneys means that certain attorneys could never, and would never, never, ever want to be in family law.

It is a fact that it was due to family law related cases, where the emotions tend to run higher
 than even in criminal cases-- that California started using weapon scanning to enter courthouses.  We know of several family law attorneys that were shot by the losing spouses in family law cases?    

If clients want to win their case, it should at least be for the right reasons. Calling the right reasons is half the battle, yet some attorneys simply churn out the work to get paid, which is their reason, not necessarily the client's .. ..that's a huge difference. 

So attorney herein has no problems in stating that attorney is hired to win whatever the client wants, as long as attorney believes that under the law, that outcome is suitable. 

Attorney has had cases where the outcome is NOT suitable nor equitable, BUT the client
wants to take that choice. A bad decision, a bad choice, or a bad moment (lapse of reason) in
family law can cause clients to ignore the attorney and make poor choices. When I see a client
willing to cut their throat to end the case, I do not allow it because I know it will haunt the
client forever.

These are serious mistakes, and instead, I will have the client fire me and sign
the substitution of attorney. I will take no part in a bad, horrible decision made due to mental
anguish or the ability to do harm to him or herself.

For example: client made $25k/year and
spouse made $80k/year. The $80k spouse had spent over 100k on credit cards the other spouse
did not even know existed, putting them into bankruptcy. The family was forcing the $27k
person to take a walk-away deal with almost nothing. Attorney herein refused to do it, and would
not sign anything of the sort, regardless.  They were FAR from being poor.

In another case, the wife wanted the divorce judgment BEFORE the bankruptcy rules had changed. At that time, the bankruptcy rules were such that if a spouse got divorced, the community debt would
fall to the non filing spouse (post separation) and the filing spouse would have no debt.

That law had not been changed and I repeatedly explained to the client that if she entered the judgment, she would then end up with all of the community debt (that the husband had racked up) and with her
student debt of $70k she would end up being  a bankruptcy candidate.

She claimed she did not care, but as the judgment triggers the law, she should have cared. I told her to fire me and get another attorney so she wouldn't have to be charged for me to make a motion to get out of the case. Instead, she complained to the bar that I wouldn't file the judgment? This is how errant clients can become. If her ex filed the bankruptcy and the law hadn't changed, then she inherited the debt. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result.

When You Need to Win a Domestic Violence Case?!

Recently in 2020, the CA legislature has passed an update to the domestic violence law, and the law will soon be in effect; not surprisingly, coercive control is specifically used to describe the type of conduct that the defendant is using against the victim or victims. Control can take many forms and will include both emotional abuse, harassment, and far more. COVID is also noted in the wording for the new update on domestic violence, since many family members simply cannot afford to flee and get new rental housing? IF you or your family is suffering and may benefit from a Domestic violence Restraining Order, or if you don't understand whether you qualify or could use this type of legal device, feel free to contact attorney herein, there is no charge for the consultation.

CALL ANY TIME OR DAY, ATTORNEY ALLOWS CALLS EVERY DAY OF THE WEEK.