how can i get my husband a low income lawyer in california for a rape case

by Stuart Littel 10 min read

If you can’t afford a lawyer, but your spouse or the other parent can, you can ask the court to order them to pay for you to hire a lawyer. The court can order this in cases when one spouse or parent has more money than the other. You can make this request before you hire a lawyer.

Full Answer

How to find low income attorneys for family law?

To get the low income attorneys for family law Unbundled Legal Services or Limited Scope Representation can be used. This will give access to legal assistance to the person who needs it in specific areas.

Do you need legal help in California without a lawyer?

All California superior courts have some legal help available to people who do not have lawyers and are representing themselves. Because there are many types of services and information to assist you in getting help from your court, we have created an entire section just for court services.

How can I get a free lawyer in California?

1 Contact the city courthouse. 2 Seek free lawyer consultations. 3 Look to legal aid societies. 4 Visit a law school. 5 Contact your county or state bar association. 6 Go to small claims court.

Can a person be wrongly accused of rape in Los Angeles?

Not infrequently, cases of false rape allegations come to the courts in Los Angeles. Some people accuse others of rape out of jealousy, revenge, or anger. A good lawyer must demonstrate that his client was wrongly accused. Also remember that the district attorney has the burden of proof.

What happens when an accused is unable to afford a lawyer?

Answer: However, as a general rule, if you are judged to be indigent, and there is actual risk of a jail or prison sentence, the court must appoint free legal counsel. If you don't qualify for free help but can't afford the full cost of a private lawyer, you may still obtain the services of a court-appointed attorney.

Can a perpetrator get legal aid?

Legal Aid may be available for private law children proceedings, such as applications for Child Arrangement Orders (to have contact with a child or to live with you), Prohibited Steps Orders and Specific Issue Orders, in cases where the other party is the perpetrator of domestic violence against you or the child is at ...

What type of proof do I need to support a restraining order?

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

What type of proof do I need to support a restraining order California?

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

How long does it take for legal aid to be approved?

Applications are usually processed within 25 working days. If we agree a case is urgent, we will prioritise it and make a decision within 10 working days. You can tell us the case is urgent on the ECF1 form and in the e-mail.

What is Laspo evidence?

The Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 - Evidence. Requirements for Private Family Law Matters. 2.12 The police caution must include the name of the person cautioned (B) who must be the other party in the case.

How much is a restraining order in CA?

Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).

What happens at a restraining order hearing in California?

If the party who filed for the restraining order does not attend the hearing, the temporary restraining order will be terminated that day. At the hearing, the judge will hear testimony from both parties and possibly any witnesses.

How hard is it to get a restraining order?

Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.

Does a restraining order go on your record in California?

Does A Restraining Order Show Up In A Record Check? Yes, in most situations. Most restraining orders are "CLETS Orders". This means they are entered into the California criminal database, known as CLETS, "California Law Enforcement Telecommunications System", often called a "rap sheet".

What is a dv109?

DV-109 Notice of Court Hearing. Page 1. Temporary Restraining Orders for personal conduct and stay-away orders as requested in form DV-100, Request.

What happens if the victim violates the order of protection in California?

Penal Code 273.6 defines the violation: “Any intentional and knowing violation of a protective order is a misdemeanor offense that is punishable by up to one year in a county jail, and fine up to $1,000, or both jail and a fine.

Why do people need legal aid in California?

Finding legal aid in California can help you save yourself from difficult legal situations. No matter what issue you’re going through or what you’re dealing with in the legal system, having an attorney might help you feel better about it and might make things easier.

What is Bay Area Legal Aid?

The Bay Area Legal Aid provides civil legal services to people in the bay area. You may need to complete an application and get approved for help through the organization. Since it serves a large area, you might need to find out if resources are available.

What is Bakersfield Legal Assistance?

Greater Bakersfield Legal Assistance offers legal aid services to those who qualify in the Bakersfield area including Kern County. You must be below the poverty guideline to qualify for help. They may be able to help with consumer law, family law and other civil matters.

What is legal aid in San Diego?

San Diego. The Legal Aid Society of San Diego could help you with assistance in civil legal matters. They serve the greater San Diego area and may be able to help with assistance for migrant workers, family law and other civil matters. They offer legal aid in California to those who qualify as low-income.

What is Legal Aid Foundation of Los Angeles?

Legal Aid Foundation of Los Angeles could help if you are low income and live in greater Los Angeles. They provide assistance to those who qualify and have civil cases that require an attorney.

What counties does Central California Legal Services serve?

Central California Legal Services provides help to people in Tulare, Mariposa, Fresno and Kings Counties. You could get help with assistance through the organization with civil matters. You must meet their low-income requirements.

Does California have a law help?

Law Help of California might be able to help with disability law, family law and housing laws. They do not provide help for criminal law but are able to provide some help with civil matters. They may be able to provide you with a free attorney, with legal information or with other resources that could help you with legal aid in California.

LSR (Limited Scope Representation)

To get the low income attorneys for family law Unbundled Legal Services or Limited Scope Representation can be used. This will give access to legal assistance to the person who needs it in specific areas.

Lawyer-Referral Services

People who seek low-cost lawyers can take help from lawyer-referral services that work for no cost for the ones who qualify. In case you do not qualify for the free of cost service then you will get information regarding where to get the legal advice which will not cost you much.

Law Schools

Few law schools give free legal services from their clinics for certain cases. Your court or local bar association should know about these law schools and can provide you with the required information. You can also contact your nearest law school to get more information about these clinics.

How Much Does a Family Attorney Cost?

A family attorney takes care of the family issues and plays the role of a mediator between family brawls. A family attorney can also help you get your child support back, and guide you for the negotiations on cases. The cost of a family attorney depends on multiple factors and the nature of cases.

Average Hourly Vs Flat Fee of a Family Attorney

In most cases, hourly billing rates produce effectiveness as compared to flat fee rates because attorneys are motivated to resolve more cases at a certain time of the week. This helps the attorneys to maintain their billing accounting.

How much does a divorce lawyer charge?

Your lawyer may negotiate this charge before beginning your case. The hourly rate also may vary because of the complexity of the divorce case. $50 to $300 may be charged for the lawyer service provided for your case.

What information is needed to get a divorce lawyer?

Your current income, asset, real estate asset and debt are information that will ensure your free divorce lawyer. If the court finds that you are really unable to hire a lawyer at high price according to your financial status the court will find a lawyer who can work for you voluntarily.

What happens when a divorce is proven?

When your financial distress is proved, you will be granted to get a free divorce lawyer assigned by the court.

What is a waiver for divorce?

Waiver is available for the people who don’t afford to spend the cost of the divorce lawyer. This is arranged at every state level. The low income people has to clarify that they have lower income and they have to make sure at the court level. There are many formalities to get it because low income family has really low income.

Why is divorce not a simple issue?

Divorce is not simple issue to resolve because there are strict legal bindings. The reality is really unfavorable because you are going to cut off the relation of the married life through divorce. As it is a legal process, you need to hire a divorce lawyer who can help you settle this issue. Hiring a divorce lawyer is really expensive ...

How to settle a divorce?

Go For Mediation. Most of the time, divorce may be resolved with mediation, mediation is one of the simple ways to settle your critical divorce process. In this ways, you both are agreed with your differences and want a quick solution without going to face any court hassle.

What is the government's help for divorce?

Government Help For Divorce. In the state level, there are legal aid Divorce help, legal help society, volunteer lawyer, state and city bar who are ready to help the needy people. You may find them online or your dear ones. It is also good to take decision from the person who already faced divorce case.

What is nonprofit legal services?

Depending what is available in your area, you may find a nonprofit (charitable) organization with lawyers or legal assistants on staff, dedicated to providing low-cost legal services to particular populations. For example, various nonprofits serve senior citizens, immigrants and refugees, disabled or mentally challenged persons, artists youth, battered women, low-income tenants, and so on. Such organizations might also coordinate getting pro bono (free) help from attorneys in private practice.

What are the federal grants for civil cases?

Federal grants fund a national network of legal service offices providing free legal help in civil cases to low-income people. Staff attorneys and experienced paralegals can help with divorce, landlord-tenant, subsidized housing, public assistance, Social Security, and unemployment cases. These lawyers may also know about non-legal resources like temporary housing, domestic violence shelters, and food banks.

Do lawyers have pro bono?

Many bar associations have pro bono programs staffed by attorneys who've agreed to devote a share of their time to providing free legal representation to eligible clients. You may qualify based on income or other factors, like having AIDS, being an abused spouse, or being elderly.

Does legal aid help with income?

Most legal aid offices help only people with incomes below a certain level. Some programs also consider all your assets, no matter what your income. Search the Internet or your local phone directory for “legal services” or “legal aid” in your city. Most federally funded legal services offices will not, however, ...

Do law schools have clinical programs?

Many U.S. law schools have clinical programs that are run by law professors and staffed by law students. These clinics give the students academic credit, exposing them to real-world legal issues under professional supervision. Clinics typically offer free legal services to individuals in the community.

Can civil litigants get free legal representation?

Think of housing rights, child custody battles, immigration and deportation matters, or crippling litigation over medical bills. For the most part, civil litigants are not entitled to free legal representation. But if you can’t afford a lawyer to represent you in court, before an administrative agency, during negotiations, or in some other matter, ...

What happens if you can't afford a lawyer?

In a criminal proceeding, if you can't afford legal assistance, a court will appoint an attorney for you. In a civil case, generally described as a dispute between two private parties, to get legal representation, you have to get creative. Here's how to find legal help if you can't afford a lawyer:

What is legal aid?

Legal aid societies are nonprofit organizations found in almost every corner of the country that provide free legal services to low-income people. While this is certainly worth exploring, the problem for many households is that the individual or couple makes too much money to qualify for help.

What happens if you lose a case?

That is, if you lose your case, you won't pay money, but if you win, the law firm will take a portion of the money awarded to you. However, it's important to tread carefully before picking a lawyer. Choose a reputable attorney and make sure the rate is agreed upon before the lawyer takes your case.

Can a lawyer represent you on contingency?

It's risky for lawyers to take cases on contingency, and they need to be confident a judge or jury will side with you, and that there's going to be something sizable awarded to you. While no legal expert will suggest you represent yourself, it is an option if you're in a financial bind.

Can you go to small claims court after divorce?

For instance, you can't go to small claims court if you're trying to work out your financial affairs after a divorce. But if the stakes are fairly low where someone owes you money or is trying to collect money from you, and it isn't worth risking lawyer fees, you might consider small claims court.

Do attorneys give discounts?

An attorney might give you a discount. Also, many attorneys offer payment plans, so that you're paying monthly instead of one huge sum all at once. Of course, you could hit the jackpot and find a pro bono lawyer, or you might find someone willing to take your case on contingency.

What is the penalty for rape in California?

California Penal Code 261 defines rape as a non-consensual sexual relationship between two or more people. It involves the use of force, coercion, or fear by someone who is not the perpetrator’s spouse. Rape is criminalized as a felony and punishable by up to 8 years in prison in a state prison. The crime is constituted in the following situations:

What is fraud rape?

Fraud rape. It consists of impersonating another person so that the victim has sexual relations with him / her. For example, convincing the victim to be a film / beauty pageant director into agreeing to have sex. Something that can be very frequent in Los Angeles.

What are some examples of controlled substances used in rape?

For example, Rohypnol or GHB , two types of controlled substances frequently used in rape. Some people are victims of rapists who use these dangerous substances to perpetrate the crime. These drugs leave the victim unconscious or unable to defend themselves during a robbery as well.

How long is a minor in jail in California?

The prison term increases if: The victim is a minor under the age of 18 (from 7 to 11 years in prison). The victim is under the age of 14 (from 9 to 13 years in prison). California violation law also imposes fines ranging from $ 2,000 to $ 25,000 as civil penalties in these cases.

Is rape a felony?

Rape is criminalized as a felony and punishable by up to 8 years in prison in a state prison. The crime is constituted in the following situations: The victim is unable to consent to sexual intercourse due to a mental disorder or physical disability. Example: Rape of a defenseless mentally ill or disabled person.

Is rape a serious crime in California?

Sexual rape of a minor (statutory rape) It consists of having sexual relations with a minor of 18 years. Like all types of rape, it is considered a serious crime. In California this crime is punishable regardless of whether it was with or without the consent of the other person.

Does a victim need to resist rape?

Nor does the victim need to physically resist rape by fighting in his defense. Lack of consent can be communicated verbally, even after having started the sexual act. For example, a woman cheats on her boyfriend with another and in the middle of the sexual relationship she repents.

Court-Based Self-Help Services

  • All California superior courts have some legal help available to people who do not have lawyers and are representing themselves. Because there are many types of services and information to assist you in getting help from your court, we have created an entire section just for court servic…
See more on courts.ca.gov

Government Agencies

  • There are several government agencies that can offer legal help. If you look up information on this website by legal topic, you will find information about specific government agencies that help with that topic. For example, in the child support section, you will find a lot of detailed information about your local child support agency and how they can help parents collect and pay child supp…
See more on courts.ca.gov

Lawyer-Referral Services

  • Lawyer referral services help people find lawyers. They can tell you about free or low-cost legal services in your area for people who qualify. If you do not qualify for free help, they can give you other information to help you find legal help that does not cost you a lot of money. For example, they keep lists of lawyers who will meet with you once to discuss your case. They will not charg…
See more on courts.ca.gov

Law Schools

  • Some law schools have free legal clinics for certain types of legal problems. Your local bar association or your court will likely know about these clinics and can give you more information. Or contact your local law school to find out.
See more on courts.ca.gov

Dispute Resolution Programs

  • Many communities have "dispute resolution" programs. These programs can try to help "mediate" or work out problems instead of going to court, so you may not need a lawyer. Find more information on resolving your dispute out of court.
See more on courts.ca.gov

Prepaid Legal Services Plans

  • You may belong to a prepaid group legal services plan through your employer, your union, or your credit union. in general, most basic plans provide legal advice and consultation by telephone and may also include brief office consultations, review of simple legal documents, preparation of a simple will, discounts on legal services through a network of lawyers, access to a database of le…
See more on courts.ca.gov