Legal Self Help
The Superior Court has several self-help centers and pro-per clinics available to assist persons who are representing themselves in court. There is no income eligibility requirement to use the services and materials in the self-help centers and pro-per clinics. They are equally available to the entire community.
Self-help centers and pro per clinics
For information about the Family Law Pro Per Clinic and Self-help Center for family law matters
For information about the Self-help Legal Access Center, for non-family law related matters
Family Law Pro Per Clinic and Self-help Center Main Directory
For
general information about the self help center the pro per clinic and classes
For
information on how to get or change child support and spousal support orders
For information on how to
get or change custody and visitation orders
For information on How to End your
Marriage
For information on How to Obtain Orders
for Your Protection
For information regarding Victim Services
For information regarding Paternity actions
For information regarding your
court appearance
For information on how
to get an attorney
Self-help Center and Pro Per Clinic and Classes
The
Family Law Self-help Center
The Ventura Family Law Pro Per
Clinic - (Spanish Speaking Only)
The East County Pro Per Clinic
Family Law Classes
The Family Law Self-help Center
The Family Law Self-help Center is located at the Ventura courthouse on the fourth floor, in Room 400 outside of the family law courts. The Center is open during normal court hours, between 8:30-12:00, and 1:30-4:30 daily. On Mondays, the Center is open only in the afternoon and it is closed all day on Thursdays. The Center is staffed by the Family Law Facilitator, a Document Examiner, and volunteers. The Staff can assist you in selecting and completing the appropriate forms, and with information regarding the status of your case, your court appearance and general information regarding all aspects of family law. Family Law refers to dissolution, or divorce, legal separation, child custody and visitation disputes, child and spousal support, property and debt Division and restraining orders. It can provide assistance only with family law matters. The Center can also provide you with child support calculations. The Staff cannot represent you and your conference with the Center Staff is not confidential. You will be helped on a "first-come first-served" basis. Service may be limited to the first 20 persons each day, the first 10 on Monday afternoon. As Spanish interpreters cannot be guaranteed, those in need of an interpreter should provide their own as well as someone who can help them to complete the forms in English.
The Ventura Family Law Pro Per Clinic - (Spanish Speaking Only)
The Ventura Family Law Pro Per Clinic is a
self-help clinic, specifically designed to assist Spanish speaking litigants to act as
their own attorney. The clinic can assist you with the selection and completion of forms
necessary for your case and explain the law and procedure to you in all areas of family
law. Family Law refers to dissolution, or divorce, legal separation, child custody and
visitation disputes, child and spousal support, property and debt Division and restraining
orders. The Clinic can provide assistance only with family law matters. The Clinic cannot
represent you in court or act as your attorney in any way. Likewise, there is no
confidentiality given to your comments and no attorney-client privilege created between
you and any attorney at the clinic. The Clinic is held on the fourth Tuesdays
of each month in the Jury Assembly room of the Hall of Justice, from 6:00 until 9:00 p.m.
We can assist a limited number of participants each evening so it is important that you
arrive early. At the Clinic you will speak with an attorney who will assess your situation
and then refer you to someone who can give you the individual help you need.
The East County Pro Per Clinic
The East County Pro Per Clinic is a self-help
clinic, there to help you act as your own attorney. The clinic can assist you with the
selection and completion of forms necessary for your case and explain the law and
procedure to you in all areas of family law. Family Law refers to dissolution, or divorce,
legal separation, child custody and visitation disputes, child and spousal support,
property and debt division and restraining orders. The Clinic can provide assistance only
with family law matters. The Clinic cannot represent you in court or act as your attorney
in any way. Likewise, there is no confidentiality given to your comments and no
attorney-client privilege created between you and any attorney at the clinic. The Clinics
are held every Thursday afternoon on the second floor of the East County Court House in
Simi Valley, from 1:30 until 4:30 p.m. We can assist only a limited number of participants
each afternoon so it is important that you arrive early. You will be helped on a
"first-come, first-served" basis in the order in which you check in. We must
limit assistance to the first 25 persons who check in. At the Clinic you will speak with
an attorney who will assess your situation and then refer you to an intern for assistance
in completing forms.
On the first, second and third Tuesdays of each
month, classes are held on various Family Law topics. On the first Tuesday evening every
month, we will offer a workshop on "An overview of Family Law; Choosing the Proper
Procedure; Initiating the Action"; on the second Tuesday of each month the workshop
will be on "The Order to Show Cause: How to Obtain and Modify Orders in your Family
Law Case"; on the third Tuesday of each month, the topic of the workshop will be
"Ending the Action: Judgments, Default and Uncontested; Trial and Trial
Preparation". The Classes are held in Ventura, at the Hall of Justice, in the Jury
Assembly Room, at 6:00 p.m. The Classes usually run until 7:30 or 8:00 p.m. At the Class,
you will be given an overview of the law and specific instructions on one to complete
those forms which pertain to your case. Sample form packets are available to make the
completion of your forms easier. The Class is taught by an attorney, assisted by
volunteers, who can answer your specific questions and assist you in the completion of
your forms. You can obtain a schedule of classes at the Clerk’s Offices in Ventura
and Simi Valley, at both the Ventura and East County Pro Per Clinics, and at the Family
Law Self Help Center.
Child Support and Spousal Support Orders
To Get or Change Child Support and Spousal Support Orders
California law provides that each parent’s first and principal obligation is to support his or her minor children. The state has adopted a guideline, determined by a formula, to set the appropriate amount of child support in each case. That guideline takes into account the actual income for each party and the amount of time each party has the children with them. As part of a child support order, the court will also order each party to pay a share of the costs for child care necessary to allow a parent to work, and a share of a child’s uninsured health case costs.
Spousal Support or alimony is available in many cases depending on many different factors. You must have been married to the other party to be eligible for spousal support. The court uses a formula to determine temporary spousal support, until you obtain a judgment, and a list of twelve different factors in setting permanent spousal support.
If you want to get an order for support and you do not have an existing court case, you will need to file one. If you are married to the other parent, you will need to file an action for a dissolution or legal separation. If you and the other parent are not married, you will need to file an action to establish paternity. At the same time you file your case, you may file an Order to Show Cause, requesting the support order.
If you want to change of modify an existing order for support, you can do so by filing an Order to Show Cause in the same existing case in which the original order was made. In order to modify an existing order you will need to show that there has been a significant change of circumstances since the previous order was made.
A child support order will remain the same unless and until it is changed by a court order. It is therefore important that you file your Order to Show Cause immediately when a significant change occurs.
The Child Support Division of the District Attorneys Office can assist you in obtaining and modifying child support orders. They can also assist with spousal support orders if there is also a child support order involved. There is no charge for this service. They are located at 4651 Telephone Road, Ventura, CA 93003, telephone number (805) 654-5200.
If you choose to represent yourself, you may wish
to contact the Family Law Self Help Center, or attend one of the Family Law Pro Per
Clinics, or Classes offered through the Court.
To
get an order for custody or visitation
To modify or change an order for custody
or visitation
To obtain information about grandparent visitation
To obtain information regarding guardianship
To find out more about mediation through family
court services
To Get an Order for Custody or Visitation
To get an order for custody or visitation you must either have an existing file or must be filing an action at the same time. If you are married to the other party you will need to bring your request for custody or visitation orders in the Dissolution, Legal Separation or Nullity file. If you are not married to the other party, you will bring your request in a Paternity file. If the District Attorney has already established paternity in a file dealing with child support, you may bring your action for custody in that District Attorney file. Even if you have previously signed a Voluntary Declaration of Paternity, you may need to bring a Paternity action to establish a file and request for custody or visitation orders.
The request for orders regarding custody and visitation are made on an Order to Show Cause. If you expect that the other party will not agree with your request, you will need to schedule a mediation prior to the matter being determined by the court. When you file your Order to Show Cause you will be given two dates, one for mediation and one for the court hearing. If you are able to resolve your dispute at mediation, your agreement will become the court order. If you are unable to agree, the court may ask the mediator for a recommendation and may consider that recommendation in making an order as to how you and the other party will share time with the children.
You and the other party may, of course, make your own agreements, without the assistance of the court. To turn that agreement into a court order you need to prepare a written stipulation and submit it for the judge’s signature. The Stipulation forms are available in the courtrooms and through the various pro per services.
If you need assistance in preparing your Order To Show Cause you may wish to consult one of the services available to people representing themselves in family law matters
To Modify or Change an Order for Custody or Visitation
If you wish to change or modify a custody or visitation order you may do so with the agreement of the other party by preparing a stipulation or agreement, in writing, and submitting that stipulation to the Judge for signature. The agreement will then become a court order.
If you and the other party cannot agree, you will make your request for a modification of the existing orders on an Order to Show Cause. In order for the court to consider a change in custody or visitation orders, you must first convince the court that there has been a significant change of circumstances since the previous order was made. The facts explaining the change of circumstances will need to be stated in your declaration attached to the Order to Show Cause. hen you file your Order to Show Cause with the Court, the clerk will give you two dates, one for mediation and one for the court hearing. If you are able to resolve your dispute at mediation, your agreement will become the court order. If you are unable to agree, the court may ask the mediator for a recommendation and may consider that recommendation in making an order as to how you and the other party will share time with the children.
If you need assistance in preparing your Order To Show Cause you may wish to consult one of the services available to people representing themselves in family law matters.
Information Regarding Grandparent Visitation
In appropriate cases, the court can grant reasonable visitation to a grandparent if the court finds that there is a preexisting relationship between the child and the grandparent and that visitation with the grandparent would be in the best interests of the child. The Court must also balance the right of the grandparent to have visitation with the rights of the parents. There are two separate procedures which may be required and it is important to determine which applies to you. In either case a request for visitation is filed with the court and, if their is no agreement between the parents and the grandparents, the matter will be referred to Family Court Services for mediation. Following mediation, the court may make an order based on the agreement of the parties or may get a recommendation from the mediator and consider that recommendation in making an order.
If you choose to represent yourself and need assistance in preparing your request for grandparent visitation you may wish to consult one of the services available to people representing themselves in family law matters.
To Get Information Regarding Guardianship
If you wish to get custody of a child who is not your natural or adopted child, you will need to do so in a guardianship action
Mediation through Family Court Services
The law requires that anytime there is a dispute over custody or visitation, the case must be referred to Family Court Services for mediation before the matter can be decided by a judge. During the mediation process the mediator will meet individually with each party and with any child age 6 or older. The mediator will then meet with both parties to try to assist them is reaching an agreement which is in the best interests of the children. At the conclusion of the mediation, if the parties have reached an agreement, that agreement will become an order of the court. If there is no agreement, the mediator may make a recommendation to the court. The decision is then up to the judge, based on the documents filed by both parties, any testimony the parties may present and the recommendation of the mediator.
At the time mediation is scheduled, a separate
orientation session will be scheduled. The parties will attend orientation separately, At
the orientation you will learn more about the mediation process and will be given
information regarding different parenting plans and insight into child development. The
courts view the orientation to be so important that the mediation may be canceled if
neither party attends orientation. The orientations are held two times a week to
accommodate different schedules. Parties who live 250 or more miles away from the
courthouse are excused from the orientation requirement.
How to End Your Marriage
To
file for a Dissolution or Divorce
To file for a Legal Separation
To file for a Nullity of Your Marriage
To file for a Summary Dissolution
File for a Dissolution or Divorce
If you want to end your marriage, you will need to file and action for a dissolution. Although there is no requirement for you to have an attorney, as in all family law matters, you may wish to consult with an attorney before bringing an action.
California is a no fault jurisdiction which means that either you or your spouse can obtain a dissolution of your marriage, or a divorce, without placing blame on the other. There are only two grounds for dissolution in California: irreconcilable differences and incurable insanity. The result is that either party can end the marriage whether the other party wants the divorce or not. In the dissolution action you can obtain orders regarding custody and visitation of children, child and spousal support, the characterization and division of property and debts. At the end of the action, you are a single person.
The dissolution action is begun with the filing of a Summons and Petition. In order to file for a dissolution you must have lived in California for a period of six months and in Ventura County for three months directly before filing. After filing the Petition, a copy of the documents are personally served on the other party and proof that service was completed is filed with the court. The earliest you can become a single person is six months and one day from the date of service.
If you need assistance in beginning your dissolution action you may wish to consult one of the services available to people representing themselves in family law matters.
To File for a Legal Separation
An action for legal separation will allow you to do all of the things you would do in an action for dissolution or divorce, except at the end of the dissolution action you will be single and at the end of the legal separation action you will still be married. Therefore, you can get orders regarding custody and visitation, child and spousal support, and the characterization and division of property and debts.
Legal separation is recommended in those cases when you do not meet the residency requirements for a dissolution, six months in the state and three months in the county; where there are strong religious prohibitions to divorce; or where continuing the marriage is necessary for continued medical coverage. The forms to be filed are the same as required for the filing of a dissolution.
If you choose to represent yourself and need assistance in filing an action for legal separation you may wish to consult one of the services available to people representing themselves in family law matters.
To file for a Nullity of your Marriage
In certain cases you may be able to nullify or void your marriage. However, the common belief that a marriage can be annulled if it was for a short-term or because the marriage was never consummated, if incorrect. a marriage between children and parents, and between certain relatives, is considered incestuous and is void. Likewise, as marriage between two parties where one of the parties is already married is void. Certain other marriages are voidable. There are several grounds but the most common one is fraud.
Nullities are not often granted and it is usually recommended that when you ask for a nullity that you also ask for a dissolution, in the alternative, so that if the nullity is not granted, the divorce can proceed.
If you choose to represent yourself and need assistance in filing an action for a nullity you may wish to consult one of the services available to people representing themselves in family law matters.
To file for a Summary Dissolution
There is a special procedure available for ending
some short term marriages, called a Summary Dissolution. It requires the full agreement of
both parties who file the action jointly along with a written agreement settling all
issues between them. It still takes six months and one day to be single, but that time
runs from the filing of the action. In order to qualify for a Summary Dissolution the
following requirements must be met: a marriage of less than five (5) years; no children;
neither party own real property; community property of less than $25,000; separate
property of less than $25,000; and joint or community debts of less than $4,000, excluding
a car loan. If you meet these qualifications and are in full agreement with your spouse,
forms and a booklet are available in the Clerk’s office.
How to Obtain Orders For Your Protection
To
Obtain Emergency Protective Orders
To
Obtain Restraining Orders in your Family Law Case
To Obtain a
Domestic Violence Restraining Order
>To Obtain Emergency Protective Orders
If you are in immediate danger, call 911. During the hours that the Court is closed a law enforcement officer can issue an Emergency Protective Order to protect you for five to seven days until you can apply at court for a restraining order. There is no charge for the Emergency Protective Order, but they only last for a limited period of time in order to allow you the chance to get a longer restraining order. For information on how to obtain restraining orders, please listen to this entire message to determine the appropriate type of order you need.
To Obtain Restraining Orders in your Family Law Case
When you file a Dissolution, Legal Separation, Nullity or Paternity case, certain restraining orders automatically go into effect. Most importantly, the automatic orders prevent either party from removing children from the State. If you have an existing family law case, you can bring your request for protective orders in that family law action. Those orders may include prohibiting a person from all contact with you, your children, and other family members; from living in the residence; and to stay away from you, your home, your vehicle, your work, and the children’s school.
The Restraining Orders are requested on an Order to Show Cause and must include a declaration setting forth in detail the basis for your request.
To Obtain a Domestic Violence Restraining Order
When there is domestic violence, threats of
domestic violence or stalking and there is no existing family law case, you may obtain
restraining orders under the Domestic Violence Protection Act. You can obtain orders
against your spouse or ex-spouse, against a current or former boyfriend, girlfriend,
or domestic partner, or against another person related to you such as a brother, aunt, or
your adult child. There is no filing fee to file for a Domestic Violence restraining
order. As with any other restraining order, your request must include a declaration
setting forth in detain the basis for your request. The appropriate forms are available in
the Clerk’s office or you may seek the assistance of the Victim Services Department .
Information
regarding Victim Services
To Obtain an Order Restraining Civil Harassment
Information regarding Victim Services
The District Attorney maintains an office of Victim Services in the Courthouse to assist victims of domestic violence in obtaining restraining orders. There offices are located on the third floor of the Hall of Justice and their services are available during normal business hours. There is no charge for the services.
To Obtain an Order Restraining Civil Harassment
If you need to get a restraining order against
someone who is intentionally and continuously harassing you but there is no violence or
threat of violence or there is no domestic or family relationship between you and the
other person, you may request that order in an action Prohibiting Civil Harassment. You
cannot get restraining orders for a single act, no matter how terrible that act may be.
The law requires that there be a series of acts specifically intended to harass
you. There is a filing fee for an action prohibiting harassment but if you have very low
income you may qualify for a waiver of the fees.
To
find out about Voluntary Declarations of Paternity
To understand the rights and obligations of being
a parent
To file an action to Establish
Parentage or Paternity
To find out about Voluntary Declarations of Paternity
You and the other parent can establish paternity for your child by signing a Declaration of Paternity. The Declaration of Paternity is a voluntary legal form that, when signed by both parties, says that the man is the legal father. Signing the form allows the unmarried father’s name to be placed on the birth certificate. You can obtain a Declaration of Paternity form at the hospital right after your child is born. If you wait until later, forms are available various places in the county.
If after signing a Declaration of Paternity you have a change of heart, you have the right to cancel or rescind the Declaration for a period of 60 days from the date you signed it.
If you want more information regarding Declarations of Paternity you can contact the Child Support Division, Public Social Services Agency, or the Family Law Self-Help Center.
To understand the rights and obligations of being a parent
Once paternity has been established, both parents have the right to take an active part in the life of a child. That means that each may seek orders regarding custody and visitation and each will have the responsibility to contribute to the support of the minor children. The establishment of paternity also may create rights for the child under Social Security of certain veterans benefits.
To file an action to Establish Parentage or Paternity
In order to obtain orders for custody, visitation or child support, where there has been no marriage, you will need to file an action to Establish a Parental Relationship or a Paternity action with the Court. That action asks the court to determine who are the legal parents of a child. If you are paying child support through the District Attorney’s Office or the District Attorney filed an action to obtain child support for you, a Paternity action may already be established.
If you choose to represent yourself and need
assistance in filing an action for legal separation you may wish to consult one of the
services available to people representing themselves in family law matters.
Family Law court appearances are normally set in the mornings. The time and date of your hearing will be shown on the court papers. It is important that you be on time for all court appearances. If you are late, your case may be postponed or the judge may rule against you. Dress for court as you wish to be treated, as a professional. When you arrive, look for your name on the court calendar. When you enter the courtroom check in with the courtroom clerk and then take a seat and wait until your case is called. When the case is called, stand and go to the front of the room. The bailiff will tell you where to stand.
Be prepared to present your side to the judge
making the best use of your time to speak, talking about the most important things first.
Speak directly to the Judge. Do not talk to or argue with the other party. If is very
important that you organize your thoughts before speaking. Do not assume that the judge
has read your file. Do not lose your temper.
How to Get the Services of an Attorney
You are not required to hire an attorney but before taking any legal action it is highly advisable to consult with an attorney who can inform you about important legal rights. An experienced attorney may be able to quickly assess your situation and highlight the best course of action to assert or protect your interests.
Attorneys are listed in the phone book. You
should also talk with friends and relative for a possible referral. For a small fee you
can schedule a consultation with a private attorney by calling the Lawyer Referral
Service, (805) 650-7599. In limited cases, the services of a pro bono (free)
attorney may be available, but that availability is very limited. You can ask about pro
bono services through the Lawyer Referral Service. The Ventura Superior Court has
prepared a list of Low Cost and Free Legal Services and those brochures are available at
the courthouses.
Self-help Legal Access Center Main Directory
For
general information about the self help legal access center
For information about contesting a traffic ticket
For information about small claims court
For information about
how to bring or defend against an eviction proceeding
For information about general
civil matters including personal injury, breach of contract, real estate or
business disputes
For information about how to change your
name
For information about adoption
For information about conservatorship
For information about guardianship
For information about appeals
For information about serving on a jury
For information about
expunging a juvenile record
For information about disabled access
to the courts and court services
For information about Teen Court
For information about court weddings
For
information about the Taking the Courthouse to the Schoolroom program
For
information about hours of operation, location and directions to the courts
Self-help Legal Access Center
The Ventura Courts Self-help Legal Access Center is located on the first floor of the Hall of Justice directly behind the information kiosk in the lobby. The Center is open from 8:00 a.m. to 4:30 p.m. Monday through Friday. It closes during the lunch hour from 12:30 to 1:30 p.m.
The Center provides information to help people representing themselves navigate the court process. The Center does not provide legal advise or representation, but it can provide legal information as well as information about affordable legal services.
The Center has materials
available for use in the Center to assist people in completing forms and preparing court
papers.
For
information on how to resolve a traffic matter
For information on how to prepare your traffic
case for trial
For information on photo and parking
citations
For information on other infractions
heard in traffic court
How to resolve your traffic matter
You may resolve minor traffic violations, charged as infractions (meaning they cannot result in jail time), through the Court Clerk’s Office using one of the following procedures:
Post
and forfeit (pay the amount)
Correctable citations Traffic
school
Pleading not guilty
Trial by Declaration
Requesting a trial date
Appearing at night court
Serious Traffic offenses.
Most serious traffic violations, charged as misdemeanors (can carry a penalty of incarceration in the county jail) will require a mandatory court appearance. YOUR COURTESY NOTICE WILL INDICATE IF YOU MUST APPEAR IN COURT.
If your prior conviction record indicates outstanding warrants, a mandatory court appearance will also be required.
You may post and forfeit bail (pay the amount) as stated on the courtesy notice (the notice you receive in the mail) by any of the following procedures:
A. Payment may be made through the mail with a check or money order. It is very important that you write on your check or money order the case number as shown on the courtesy notice. DO NOT SEND CASH THROUGH THE MAIL.
B. Payment may be made by telephone using a credit card. A fee is charged for this service. To pay by credit card, call (805) 662-6620 if your courtesy notice refers you to the Ventura Hall of Justice, or (805) 582-8070 if your courtesy notice refers you to the Simi Valley branch Hall of Justice.
C. Drop boxes are provided for payments by check or money order. These boxes are located in the main lobby and law library lobby of the Ventura Hall of Justice, and in the lobby of the clerk’s office in both the Ventura and Simi Valley Halls of Justice.
D. Payments may be made at the counter in the clerk’s office, located in room 118 of the Ventura Hall of Justice, and in the clerk’s office located at the South entrance to the Simi Valley Hall of Justice.
E. Auto Clerk Kiosks can accept payment of traffic citations, provide traffic school information and accept traffic school return certificates. These kiosks are located in the Center Point Mall in Oxnard, the Buenaventura Mall in Ventura, and the Oaks Mall in Thousand Oaks. They are available during regular mall hours. A fee is charged for using this service.
F. A court clerk is available Monday through Friday at the Oxnard Department of Motor Vehicles (DMV) for citation/warrant payments, calendaring for court and traffic school inquiries.
If you are unable to pay your citation by the appearance date, the clerk’s office will grant one 28 day extension.
Payment arrangements may be made in most traffic cases by coming to the clerk’s office and requesting payments over time from the clerk behind the counter. A minimum payment must be made at the time the request is made. For more details, you can contact a court clerk at (805) 654-5629.
Correctable citations are for violations involving a malfunction of a motor vehicle or driving without your license, registration or proof of insurance in your possession. If the cited violations are correctable, you may provide proof that corrections have been made by having the back of the citation signed off by the law enforcement agency (police department or highway patrol) that cited you. There is a $10.00 administrative fee for a dismissed violation. The courtesy notice will indicate if the required bail is reduced with proof of correction. The DMV and the clerks office can sign off license violations issued under sections 4000a, 12951a or 12500a of the California Vehicle Code).
You may request to attend traffic school to dismiss a citation once every 18 months. Although you can attend traffic school as often as you wish, the DMV will only remove from your driving record one eligible violation in an 18 month time period. Traffic school fees are non-refundable, so attending traffic school more than once in 18 months will cost you extra money, but you will not receive the benefit of having the additional violation(s) removed from your driving record.
In order to qualify for traffic school, the citation must be for no more than two moving violations that do not require a mandatory appearance, or two moving violations plus a seat belt violation. A non-refundable administrative fee of $29.00 must be paid to the court before registering for traffic school. The fee for attending traffic school must be paid directly to the school. A certificate of completion must be returned to the court by the due date. It may be returned to clerks office by mail, drop box, clerks counter, Oxnard DMV, or Auto Clerk Kiosk at a participating mall.
WARNING: You should be aware that traffic school may no longer be available as an option once you proceed with trial, even if you could have gone by pleading "guilty" to the citation. Prior to trial the clerk in the traffic division can assign traffic school if the offense for which you were cited meets the requirements, and you pay the fees. However a judge has no obligation to send you to traffic school if you are found guilty of having committed the offense for which you were cited, so you may no longer have the option to attend once you choose to contest your citation in court.
You may enter a plea of not guilty to a traffic citation through the mail or at the counter in the clerks office. Bail in the amount stated on the courtesy notice must be posted (paid to the court) and a court trial date will be set. The court will notify the defendant (the person cited) and the law enforcement agency that issued the citation, of the trial date.
If you wish to have your case considered by the judge but do not wish to attend a trial, you may submit a request for trial by declaration. A declaration is a written statement signed under penalty of perjury. In the declaration you will state your version of the case. You must also post the bail (pay the amount stated in the courtesy notice). A clerk can assist you with the procedure for requesting a trial by declaration.
Requesting a trial date
If you wish to plead your case in court, you may request that the clerk place your case on calendar and you may do one of the following:
A.Plead not guilty and have your case set for court trial for infractions, or for a court or jury trial for misdemeanors.
B. Plead guilty or nolo contendere (no contest) and have a fine or other penalty imposed by the judge.
C. Plead guilty with an explanation.
D. Request the judge allow the fine to be paid in installments. All installment payments must be made through the Superior Court Collection Division.
Night court is available by
appointment. Appointments may be made at the clerks counter, by mail, or by calling (805)
662-6620 in Ventura or (805) 582-8080 in Simi Valley between the hours of 8:00 a.m. to
11:30 a.m. or 1:30 p.m. to 5:00 p.m., Monday through Friday.
HOW TO PREPARE A TRAFFIC CASE FOR TRIAL
The courts no longer handle
parking citations. These are handled through each city agency, or through the General
Services Agency (GSA) when it is a countygenerated citation. The courts do handle parking
citation appeals
PHOTO CITATIONS
Many jurisdictions are now using cameras at intersections to photograph cars which run a red light. If you receive a traffic citation through the mail for running a red light, there are usually two photographs included. The first photograph shows your vehicle entering the intersection after the light turned red, and the second photograph shows a close up of the driver. If you do not receive the photographs, or you lose them, you can view copies at the police department where the citation was issued. If you were not the driver, you should bring photo identification with you to the police department to prove that you were not the driver.
You may be asked to identify who
was driving your vehicle at the time the citation was issued, but you cannot be compelled
to do so. Any question as to whether or not you were the driver, if not resolved at the
police department, can be addressed at the trial of your case.
OTHER INFRACTIONS HEARD IN TRAFFIC COURT
Littering
There is a minimum mandatory fine of $250.00 for each littering offense, including dropping a cigarette butt on the ground, or tossing one out a car window. In certain brush or high fire danger areas, the fines can be even higher. (Vehicle Code sections 23111, 23112, 42001.7)
In addition to the monetary fine, community service work is assigned. Typically this involves clean up work in the community or along public roads and highways.
Fishing without a license
There is a minimum mandatory fine of $625.00 for fishing without a license. Even if the fishing pole belongs to your child, if you are caught with the pole in your hand while it is being used to fish, you can be cited and fined. (California Fish and Game Code sections 7145 and 12002.2). If you have a current fishing license, but do not have it with you when you are fishing, the fine is $135.00.
A fishing license is required for all persons over the age of 15, except for fishing off a public ocean pier. You must have a fishing license to fish in any public or private stream, waterway, lake or pond. The license fees provide necessary revenue for the Department of Fish and Game to stock public waterways with fish, and restore fish habitats. You can purchase a fishing license in Ventura County at most sporting goods stores, large chain drug or department stores where fishing gear is sold, and at most sports landings. The cost for a basic license is $26.50 a year. The year is based on a calendar year, therefore if you purchase your license in November, it will only be good until December 31st. Additional enhancement stamps can be purchased for catching certain types of fish. Remember to renew your license annually.
For further information about fishing regulations, and how the money for the licenses is used, you can request an information brochure from the store where you purchase your license, or from the California Department of Fish and Game, 530 East Montecito Street, Room 104, Santa Barbara, California 93103; (805) 568-1231. YOU CANNOT PURCHASE A LICENSE DIRECTLY FROM THE DEPARTMENT OF FISH AND GAME.
Failing to quiet a barking dog
Most cities have noise ordinances (local laws) which prohibit loud or prolonged noise which disturbs the peace and quiet of the community. Having a dog which barks frequently, or for prolonged periods, can result in a citation being issued for violation of the local noise ordinance.
People have different tolerance levels for noise, so what bothers some may not bother others. If you receive a complaint from a neighbor that your dog is a problem barker, check with other neighbors to determine whether they notice the barking. DO NOT IGNORE COMPLAINTS. Once the barking has become a prolonged irritant to your neighbor, it will be harder to resolve the problem, since any sound from the dog will irritate already raw nerves, like rubbing salt in a wound.
You can obtain information about
options to help you control your dog’s barking by consulting your local animal
shelter. The Ventura County Animal Regulation Department is located at 600 Aviation Drive,
Camarillo, California 93010-8594; (805) 388-4341. The Thousand Oaks community can contact
the Agoura animal shelter at (818) 991-0071.
What
is Small Claims Court?
Who can file a claim?
Are
there any prerequisites to filing a claim in small claims court?
Where can I file
my claim?
How
do I name the defendant in the case?
How
does the defendant know that he, she or it is being sued?
What
if the defendant has a claim against the plaintiff?
What is mediation?
How
do I prepare my case for trial?
What
if I need an interpreter because I cannot speak or understand English well?
When
do I know the outcome of the trial?
What
if I need to postpone the trial date because of an emergency?
What
happens after the judgment is entered?
How can I enforce
my judgment?
Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules have been simplified and the proceedings are less formal than in regular court. The person who files the lawsuit is called the plaintiff. The person who is being sued is called the defendant. In small claims court the parties (plaintiffs and defendants) cannot be represented by an attorney, although they may consult with an attorney before going to court. Small claims court has jurisdiction (the legal right to decide cases) in disputes up to $5,000. If you have a claim for more than $5,000, you can either file a limited civil case (for claims up to $25,000), or an unlimited civil case in superior court (for claims over $25,000), or you can give up your right to the amount of your claim over $5,000 and have the matter decided in small claims court.
You are limited to filing two cases per calendar year in small claims court in which the claim amount exceeds $2,500. If you are suing a guarantor (a person or entity which guarantees the performance of an obligation of another, such as a bonding company, co-signor, or indemnitor), the jurisdictional limit in small claims court is $2,500, and the $5,000 limit does not apply.
You must be at least 18 years old to file a claim in small claims court. If you are under 18, you can pursue your claim through a guardian ad litem (a person appointed by the court to act for you in the case). You must request the court appoint a guardian ad litem, and indicate to the court who you want the guardian ad litem to be. Usually you have a parent, relative or close adult friend act as the guardian ad litem.
If the plaintiff is a corporation, it can Aappear@ in small claims court through an officer, director or authorized employee. If the plaintiff is an unincorporated association, or an entity other than a Anatural person a regularly employed person of the entity must act on its behalf. A person who appears on behalf of an entity must not be employed or associated solely for the purpose of representing the corporation or other entity in small claims court. If you are representing an entity in small claims court you will be required to file a declaration (written statement under penalty of perjury) affirming that you were not hired or retained just to appear in court.
Are there any prerequisites to filing a claim in small claims court?
A person who sues in small claims court must first make a demand (a formal request for payment or return of property), if possible. It is a good idea to make the demand in writing, so you have proof when you come to court.
If you want to sue a government agency, you must first file a tort claim (a claim for damages based on a civil wrong committed against you) with the agency before you can file a lawsuit in court. As a general rule, you must file the tort claim no later than six months after the act or event which forms the basis of your claim occurred.
You must sue in the correct court and judicial district. This is referred to as the proper venue. If you file your claim in the wrong court, the court will dismiss the claim unless all the defendants personally appear at the hearing and agree that the claim may be heard. To determine the proper venue for filing your claim, you should consider any of the following criteria:
a. Where the buyer lives;
b. Where the buyer lived when the contract was entered into;
c. Where the buyer signed the contract;
d. Where the goods or vehicle are permanently kept.
How do I name the defendant in the case?
You must sue the defendant using his, her or its exact legal name. If the defendant is a business entity or a corporation and you do not know the exact legal name, you can check with the local government agency which licenses the business, such as the county clerk’s office for a fictitious business name statement, or the Secretary of State, Corporate Status Unit for a corporation, limited partnership or limited liability company. The small claims advisor in the District Attorney’s office can help you to find this information.
How does the defendant know that he, she or it is being sued?
Before the court can exercise jurisdiction over the person (have the power to order the defendant to do something), the defendant must be aware of the lawsuit and be given an opportunity to defend the claim. This is called due process, and it is a fundamental right guaranteed to us in the Constitution. It means that the government will not take away rights, liberty or property without first notifying the person who is to lose those rights, and giving him or her the right to appear and object. Because due process is a fundamental constitutional right, the rules for giving notice to a defendant require strict compliance.
The correct way to notify a defendant about a lawsuit is by service of process. This means that a copy of the complaint filed in the court must be given to the defendant by one of the following means:
YOU CANNOT SERVE PAPERS ON THE DEFENDANT YOURSELF. YOU MUST USE A NON-PARTY. Professional process servers are available for hire, and the sheriff’s department can also serve legal papers for a fee.
No matter which method of service is used, the defendant must be served at least 10 days before the trial date if he or she lives in the county, and at least 15 days of the defendant lives outside the county. If service is not completed in time, the trial will need to be continued (postponed).
What if the defendant has a claim against the plaintiff?
Sometimes the defendant will have a claim against the plaintiff who filed the lawsuit. This claim is called the defendant’s claim in small claims court, and a cross-complaint in other courts. The court permits the defendant to file the cross-complaint in the same lawsuit so that all disagreements between the parties can be resolved at the same time.
If the defendant decides to file the claim in small claims court, the claim may not be for more than $5,000. If the claim amount exceeds $5,000, the defendant can either waive (give up) the excess amount and pursue the claim in small claims court, or the defendant can file a motion to transfer the small claims case to the appropriate court for the full value of the claim.
The defendant’s claim must be served on the plaintiff at least 5 days before the trial. If the defendant received the plaintiff’s claim 10 days or less before the trial, then the defendant’s claim must be served at least 1 day before the trial.
Both claims will be heard by the court at the same time.
The court includes information about mediation in the papers to be served on the defendant. Mediation is a form of alternative dispute resolution, commonly referred to as AADR.@ It involves negotiating a settlement with the aid of a mediator. The mediator is a neutral person, specially trained in conflict resolution. He or she will help the parties find their own solution to their dispute, but will not impose a solution, or make a decision in the case. If the dispute does not settle, the parties may still pursue their case.
Mediation allows parties to a dispute to resolve their differences in creative ways that extend beyond the limits of the courts. When a judge decides a case, he or she simply applies the law to the facts and renders a decision on that basis. Practical or emotional considerations may not affect the decision, although they may seriously affect the parties. By solving their own disputes, parties can craft resolutions which address concerns on both sides, take into account practical considerations, and provide a more beneficial result for all. Also, parties are often more willing to honor an agreement they reached themselves, than to follow an order imposed upon them.
The Ventura Center for Dispute Settlement is a non-profit, community based mediation program serving residents of Ventura County. The telephone number for VCDS is (805) 650-9202. If you are interested in mediating a dispute you can contact VCDS, and VCDS will contact the other side.
The Ventura Superior Court also has a brochure available listing court approved mediators.
If you do settle your case before trial you must notify the court by filing a dismissal with the court clerk. You can obtain a form for the dismissal from the court clerk.
How do I prepare my case for trial?
You can prepare your case yourself, or you can consult with an attorney about the applicable law and preparation for trial. You can also receive assistance from the small claims advisor in the District Attorney’s office. If you are going to prepare the case yourself, you may wish to research the legal theory by which you are seeking relief from the court. There are books available in the Ventura Superior Court Self-help Legal Access Center, and in the Law Library, which explain different legal theories and the elements necessary to prove your case. Small claims court is very informal, so you do not have to know the law; however it will improve your chances for success if you can distill the essential elements of the case and present them to the court in a clear and concise manner.
The other side is entitled to see all evidence before it is submitted to the court; therefore, if you plan to bring documents to show the court, you should make extra copies for the other side, and for the judge. It will save time if you can each have a copy to refer to in court, without having to pass the same paper around.
Be sure you are on time for the trial. Although the small claims trial is informal, you must be prepared with all your witnesses, books, receipts and other papers or things needed to prove your case. If your witnesses are not willing to come to court voluntarily, you can request the court clerk to issue a subpoena. A subpoena is a court order that requires the witness to go to trial. The witness has a right to charge a fee for going to the trial. If you do not have in your possession the records or papers necessary to prove your case, you may request the court clerk issue a subpoena duces tecum in advance of the trial date, which orders the documents you are requesting be brought to court for the trial.
There are many cases on the calendar scheduled for the same time, so each case is given limited time. You should describe the events in the case clearly and concisely. Before you present to the court any photographs, diagrams or documents, you must first show them to the other side. If possible, try to watch small claims proceedings in the same department or courtroom where your case is scheduled, prior to the day you are to appear. You will get an idea what the court is like, and the importance of having your case well organized due to the limited time available for each case.
What if I need an interpreter because I cannot speak or understand English well?
If you do not speak or understand English, you may bring a family member or friend to court with you to interpret. The court will also have a list of interpreters who can interpret for you; however they may charge a fee, since it is a civil proceeding and free interpreters are only provided by the court for criminal proceedings. If there is no interpreter available, the court must postpone the hearing one time only so that the person needing an interpreter has time to get one.
When do I know the outcome of the trial?
The judge may give a ruling from the bench (the raised desk or dais where the judge sits) at the end of the trial, or the judge may take the case under submission (further consideration) and send the decision to you by mail. The judge’s decision will be printed on a form called the Notice of Entry of Judgment.
What if I need to postpone the trial date because of an emergency?
Continuances may be requested for good cause, such as a medical emergency, death in the family, jury duty, or another legitimate matter prohibiting your appearance at the scheduled small claims trail. Either the plaintiff or the defendant may request a continuance. It must be requested in writing and a $10.00 fee must accompany the request.
The request does not guarantee the continuance will be granted. A small claims clerk will contact both parties by phone to see if they agree on the continuance. If they both agree, then the clerk will send out a notice of continuance. If one of the parties does not agree, the clerk will forward the request to the judge and await his or her order. If the judge grants the continuance request, the clerk will sent out notice of the continuance. If the judge denies the request, no notice will be sent, and the parties must appear at the original scheduled hearing date and time.
If the continuance request is submitted too close to the hearing date, there will not be enough time to send notice, so the judge will decide whether or not to grant the request for a continuance at the hearing itself. The parties should be prepared to proceed with the case in the event the continuance request is denied.
What happens after the judgment is entered?
The defendant has 30 days to appeal a small claims decision. The plaintiff has no right to appeal, unless the plaintiff was also sued as a cross-defendant on a defendant’s claim or cross-complaint, and the plaintiff lost the case on defendant’s claim.
If the complaint was for money, and the court awards a money judgment in favor of one party against the other, the party who is awarded the money is called the judgment creditor and the party who is ordered to pay the money is called the judgment debtor. Enforcement of the judgment is stayed (postponed) until after the time for appeal ends or until after the appeal is decided. This means that the judgment creditor cannot collect any money or take any action until after the appellate period is over.
How can I enforce my judgment?
There are many ways to enforce a
judgment. You can prepare an abstract of judgment form and have it issued by the
court, to be recorded in any county in which the judgment debtor owns or may own property.
This creates a lien against the judgment debtor’s property. Money can be seized from
the judgment debtor’s bank accounts, or garnished from wages. Judgment debtors may be
able to claim some assets exempt by filing a claim of exemption with the court.
Information about collecting judgments can be obtained from the small claims advisor in
the District Attorney’s office. Additional information is available in books in the
Ventura Courts Self-help Legal Access Center and Law Library.
An action to evict a tenant is called an unlawful detainer. As in all legal proceedings, you may wish to consult with an attorney before bringing an action. Although it is not required that you hire an attorney before taking legal action, it is highly advisable to consult with one knowledgeable in the field of law involved in your case. An experienced attorney may be able to quickly assess your situation, advise you about important legal rights, and recommend the best course of action for you to take to protect your interests.
Attorneys are listed in the phone
book. You should talk with friends or relatives for a possible referral. For a small fee
you can schedule a thirty minute consultation with a private attorney by calling the
Ventura County Bar Association’s Lawyer Referral Service at (805) 650-7599.
Limited pro bono services may also be available if you are indigent. You can ask
about pro bono services through the Lawyer Referral Service. The court also has a
list of Low Cost and Free Legal Services in a brochure available at the courthouses.
If
you are the landlord
If you are the tenant
Evictions (Unlawful Detainer)
Where
to file and cost of filing complaint
Notice required before
filing
Service requirements
Time period
for process of case
How to prepare for trial
How to obtain a writ of possession
Where to file and cost of filing complaint
An unlawful detainer can be filed as a limited civil case if the amount of rent owed does not exceed $25,000. If the amount of rent owed is more than $25,000 then the unlawful detainer case should be filed in Superior Court. It costs $86.00 to file an unlawful detainer as a limited civil case.
Before the court will evict a tenant, either a thirty day or a three day notice to quit must first be served on the tenant. A thirty day notice is required to terminate a tenancy when there is no violation of the rental agreement. A violation of a rental agreement, such as failure to pay rent, is called a breach of the agreement. A three day notice is required to be served when the tenant has violated or breached the rental agreement.
The three day or thirty day notice can be personally served, or if you cannot locate the tenant, the notice can be posted on the premises and another copy mailed to the tenant.
Time period for process of case
After the time period in the thirty day or three day notice has expired, if the tenant has not moved out, the landlord can file an unlawful detainer complaint. The complaint must be personally served on the tenant by an adult who is not a party to the case. After the complaint is served, the tenant will have five days to file a response. If no response is filed, the landlord can request entry of default against the tenant, and an order for possession of the property. If the tenant files an answer, the landlord must file a request to set the case for trial. Generally trials are set several weeks from the date of the request. After the trial, if judgment is for the plaintiff, the landlord can get a writ of possession issued by the court, and have the Sheriff serve the tenant with the writ of possession and a lock-out order. If the tenant fails to vacate by the time specified in the order, the Sheriff can lock the tenant’s possessions in the property, and lock the tenant out.
Bring original documents if you have them. If the originals are not available, bring copies. You need to bring the lease or rental agreement, if there is one, and the notice served on the tenant. If you are claiming damage to the rental unit, bring pictures showing the damage.
How to obtain a writ of possession
After the trial is over and you
are awarded possession by the court, you can submit a writ of possession form, which the
court will issue. You can then take the writ of possession to the sheriff’s office in
the courthouse to have it served on the tenant together with a lock-out order.
Evictions (Unlawful Detainer)
The landlord’s lawsuit to evict you is called an unlawful detainer. As in all legal proceedings, you may wish to consult with an attorney before proceeding in an action. An experienced attorney may be able to quickly assess your situation, advise you about important legal rights, and recommend the best course of action for you to take to protect your interests.
Attorneys are listed in the phone
book. You should talk with friends or relatives for a possible referral. For a small fee
you can schedule a thirty minute consultation with a private attorney by calling the
Ventura County Bar Association’s Lawyer Referral Service at (805) 650-7599.
Limited pro bono services may also be available if you are indigent. You can ask about pro
bono services through the Lawyer Referral Service. The Ventura Courts also have a list of
Low Cost and Free Legal Services in a brochure available at the courthouses.
Filing
your answer
Cost of filing
and Fee Waiver
Forms for filing an
Answer
Common affirmative defenses
Landlord’s
failure to maintain the premises
Waiver of Notice to
Quit
Violation
of the lease by landlord
Failure to
serve notice to quit
Discrimination against
tenant
Retaliatory eviction
Offset
Failure
to credit the tenant for repairs
Rent control
Subdivision Map Act
Service of answer
on plaintiff
If default
has already been entered
Effect of move
out before trial
Each defendant named in the unlawful detainer complaint must file a response or a default may be entered against the non-responding defendant. The response is due five calendar days from the date the complaint was served on you. In counting the days, you include Saturday and Sunday, but exclude court holidays. If the last day of the five day period falls on a Saturday or Sunday, the answer is due the next court day.
Each defendant must pay a first appearance fee of $86.00 if the case is filed as a limited civil case (those within the jurisdiction of the former municipal court), unless the defendant qualifies for, and requests a fee waiver. An application for a fee waiver may be submitted with the answer, if the defendant meets the income requirements.
You can purchase forms for filing your answer at the Clerk’s office or in the SHLA Center. If the complaint is requesting more than $1,000, you must respond to each allegation in the complaint, by either admitting it to be true, denying it to be true, or stating you have no knowledge as to whether it is true or false. The answer form will also ask if you have any defenses to the eviction. You must identify any affirmative defenses you wish the court to consider, or you may be prohibited from raising these defenses at the time of trial.
An affirmative defense is a defense which raises new facts or issues. It must be raised in the answer for the court to consider it at the time of trial. The burden is on the defendant to prove each affirmative defense raised. The following are common affirmative defenses:
Landlord’s failure to maintain the premises
California law requires landlords to maintain residential units they rent safe and sanitary and the unit must meet applicable building and housing code standards. These minimum health and safety standards include:
If a landlord accepts rent from a tenant after the thirty day or three day notice to quit is served, there may be a waiver of the notice.
Violation of the lease by landlord
If the landlord violated or breached any part of the lease agreement by failing to perform obligations the landlord was required to perform under the lease, this affirmative defense would apply.
Failure to serve notice to quit
If the landlord failed to properly serve a thirty day or three day notice, or otherwise failed to give the notice required in the lease agreement, this affirmative defense would apply.
Discrimination on the basis of race, sex, ethnicity, national origin, religion, or physical or mental disability is illegal. Persons who are subject to discrimination because of their race, gender, etc. are considered members of a "protected class". Because of historic and present discrimination against persons on the basis of race, gender, etc., these classes of persons have been given added protection under the civil rights statutes. Under California law, discrimination against persons on the basis of their sexual orientation is also prohibited, since sexual orientation is considered under case law to be a protected class. If the landlord has arbitrarily discriminated against the tenant in violation of the constitution or laws of the United States or California, because of the tenant’s membership in a protected class, this affirmative defense would apply.
If you reported your landlord to a governmental or regulatory agency for violating the law, and the landlord evicts you as a result, you may have a defense based on retaliatory eviction.
If you previously overpaid the rent, you may be entitled to claim a defense of offset.
Failure to credit the tenant for repairs
If the landlord failed to make necessary repairs to the premises, and you were forced to make the repairs yourself, and the amount of the repairs did not exceed one month’s rent, in certain circumstances you can deduct the cost of repairs from your rent and provide receipts to the landlord. If you properly deducted the cost of repairs from your rent, and the landlord failed to credit for the repairs, this defense may apply.
Most rent control has been abolished in California, except for mobile home parks and some federal housing. If the unit you rent is subject to rent control, and the landlord violated the rental control provisions, this defense may apply.
If the landlord rented the premises to you in violation of the Subdivision Map Act, which prohibits the division of property without certain zoning permits, then the lease may be unenforceable. You can find out whether the lease violates the Subdivision Map Act by checking with the County of Ventura Resource Management Agency, Zoning Department.
Service of answer on plaintiff
The answer must be served on the plaintiff before you can file it with the court. You can have the answer served by mail, simply by having a person over 18 years old, who is not a party to the action, enclose a copy of the answer in an envelope addressed to the plaintiff or the plaintiff’s lawyer if there is one, with first class postage, and then place the envelope in the mail. This person will have to complete and sign a Certificate of Service by Mail to prove to the court that the answer was served by mail before being filed.
If default has already been entered
If a default has already been entered against you, you must have the default set aside before you can file an answer or appear in court on your case. In order to have a default set aside, you must bring a motion. Usually these are brought on an emergency basis, referred to as ex parte, meaning that there is shortened notice to the other side because of the urgency of the motion.
The ex parte motion to set aside default must include a declaration signed under penalty of perjury stating a good cause for your failure to answer on time. You must also establish that you have a valid defense to the unlawful detainer case. If you bring the motion ex parte, you must also provide justification for requesting the court to hear the matter on an emergency basis. If the motion is b