Finding Family Law Cases: A Guide

how to find family law cases

Finding information about family law cases is now easier than ever, thanks to the availability of online resources. Many courts provide online portals where users can search for case information by name, case number, or filing date. Some courts also allow users to conduct court business via online services, such as requesting an extension or setting up payment plans. While these portals provide access to case data, they do not constitute the official court records. For official records, individuals may need to visit the court in person or make a written request. Additionally, some family court cases, especially those involving custody, are sealed and not accessible to the public. For such cases, individuals involved can request online access by creating an account and verifying their identity. Self-represented individuals can also seek assistance from organizations like the Family Law Self-Help Center, which provides education, legal forms, and community referrals to those with family law matters.

Characteristics Values
Search criteria Case number, case participant's name, filing date
Case information Case participants, events, documents, traffic citations
Case access Online, in-person
Case participant enrollment Family Law Case Participant Enrollment Form, driver's license, bar number
Case documents Finding and Orders After Hearing, Minute Orders, Mediator Reports, adoption records, hearing transcripts, videos
Case location Superior Court of California, County of Sacramento, Superior Court of California, County of Orange, Clark County, Nevada

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Using a public case access system

Many courts in the US offer online case access systems that allow users to search for cases by name, case number, or filing date. These systems often provide information on case participants, events, and documents. Some examples include:

Public Case Access System, Sacramento

The Public Case Access System of the Superior Court of California, County of Sacramento, allows users to search for cases by name, case number, or filing date. In Civil and Probate cases, users can view information on case participants, events, and documents. In Family Law cases, information on case participants and events is available, and with a court-assigned case subscription, one can view/download Finding and Orders After Hearing, Minute Orders, and Mediator Reports prepared by Family Court Services.

PACER

The Public Access to Court Electronic Records (PACER) service provides electronic public access to federal court records. It offers instantaneous access to over 1 billion documents filed at all federal courts. Users can search for cases by case number or party name, and access case information for a fee of $0.10 per page. Court opinions are available for free on PACER to anyone with an account.

Minnesota Court Records Online (MCRO)

MCRO allows users to search for court cases and view the Case Details (Register of Actions) with case information and public documents. Search options include Name (Person or Business), Case Number, Citation Number, or Attorney (Name or Bar Number). It is important to note that MCRO is not the official court case record, and users are responsible for understanding and appropriately using the information they access through the system.

Family Law Self-Help Center, Clark County

The Family Law Self-Help Center provides general information, forms, and resources for people representing themselves in a Clark County court without a lawyer. While the website does not offer case lookup, it provides resources and information on court procedures in Clark County.

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Searching by case number or party's name

When searching for family law cases by case number or party name, there are several methods you can use.

Using LexisNexis

LexisNexis uses case recognition technology to search for names in the case name. When you know the case name but not the citation, enter the case name in the search box. For two-party cases, enter the party names separated by a "v" or "v." and run the search. The "v" must be lowercase. For example, when you run a search for "Matsushita v Zenith", your results will include "Matsushita Elec. Indus. Co. v. Zenith Radio Corp." and "Zenith Radio Corp. v. Matsushita Elec. Indus. Co." The results are sorted by relevance, with exact matches appearing at the top.

If you are searching for cases with the United States as a party, you can enter the party name in the search box. For example, "United States v Miller." If you are searching for single-party cases where the case name includes "In re", "Ex parte", or other similar terms, enter the party name and run the search. Case recognition technology will be used to search for the name along with the designation. For example, searching for "In re Witherspoon" will yield results such as "In re Witherspoon", "In re Estate of Witherspoon", and "In re Objection to Nomination of Williams-Witherspoon."

If you are unsure of the exact spelling of a party's name, you can use the NAME segment to run your search, using the "AND" connector between the party names. For instance, you can search for "name(matsushita and zenith)". Alternatively, you can use quotation marks around the "v", "In re", "Ex parte", etc. For example, you can search for ""In re" Witherspoon".

Using Google Scholar

From the Google Scholar page, enter the name or names that you know in the search box. Make sure the "Case Law" button is activated below the search box. You can select your case's jurisdiction if you know it on the main Google Scholar search page.

Using Westlaw

At the Westlaw home page, type the name or names that you know in the search box. You can use the pull-down menu to the right of the search box to select a jurisdiction if you know it.

Using Court Websites

Some courts provide online resources to search for case information by person or business name. For example, the Superior Court of California in Orange County offers a Case Name Search application. The Sacramento Superior Court also offers a Public Case Access System that allows users to search for cases by name, case number, or filing date.

Family Law Self-Help Center

The Family Law Self-Help Center provides resources for individuals representing themselves in Clark County Court in Nevada. On the website, you can search for cases by case number or party name. If you are unsure of the spelling of a party's name, you can check the box that says "use soundex", and the system will search for names with similar pronunciations. It is important to note that some family court cases are "sealed" and not accessible to the public, including custody cases as of August 2, 2023.

If you are a party to a sealed case, you can request online access by creating a portal account, requesting extended access, and having a live online meeting with a records clerk to verify your identity. Copies of documents from your case can be obtained from the Clerk of Court. Additionally, the Family Law Self-Help Center provides information on how to obtain records from adoption cases and videos or transcripts from court hearings.

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Accessing sealed cases

Family law cases are often sealed and not accessible to the public, particularly those involving minors and custody battles. If you are a party to a sealed case, you may request online access by following these general steps:

  • Create a portal account: Many courts allow you to create an account on their website, which provides access to case information. This may require you to provide personal details and a copy of your driver's license.
  • Request extended access: If your case is sealed, you will likely need to request extended access to view the case details. This may involve submitting a specific form or making a request to the court.
  • Verify your identity: In many cases, you will need to verify your identity through a live online meeting with a records clerk. This ensures that only authorised individuals can access sensitive case information.
  • Access case information: Once your identity is verified and access is granted, you can view case details such as participant information and events. You may also be able to download relevant documents, such as findings and orders.

It is important to note that the specific process for accessing sealed cases may vary depending on your location and the court handling your case. For example, in Clark County, Nevada, you can request online access to sealed cases through the Clark County Court Case Access webpage. On the other hand, the Superior Court of California in Orange County provides an online Case Access system for public case data, but accessing "official certified" records requires an in-person request at the court.

Additionally, keep in mind that copyright and proprietary rights may apply to case information. Use of such information is typically permitted only to the extent allowed by law or court order, and any violation of proprietary rights is prohibited.

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Obtaining case documents

Online:

In California, family law case documents can be accessed and purchased online through the Superior Court of California's website for specific counties, such as Orange County. However, it is important to note that California Rules of Court prohibit viewing the actual family law document itself online, except at a courthouse computer. Online access is limited to a summary of proceedings, a list of documents filed, party and hearing information, and in some cases, copies of specific document types.

In Person:

To obtain family law case documents in person, individuals can visit the local courthouse where the case was heard. In California, each of the 58 counties has a Superior Court that handles family law cases. At the courthouse, individuals can request to view and obtain copies of case documents. In some cases, a request form may need to be completed, and there may be a fee for obtaining copies. It is recommended to call ahead to determine the availability of the record at the Clerk's Office.

By Mail:

Family law case documents can also be requested by mail. Interested persons can contact the courthouse to inquire about the specific procedures for mail requests. In some cases, a record search fee may be required. Documents purchased by mail will typically be mailed within 30-45 days from the date of purchase.

Specific Case Types:

It is important to note that access to family law case documents varies depending on the type of case. For example, cases involving parentage or juvenile records may have restricted access to protect the privacy of those involved. In such cases, only certain individuals, such as those directly involved in the case or their attorneys, may have access to the documents. Additionally, sealed cases require a court order to view and may have additional access restrictions.

Filing Documents:

When filing family law case documents, individuals can do so in person, by mail, or through a fax filing agency. It is recommended that restraining orders and other time-sensitive documents be filed in person to ensure prompt processing. Standardised formatting requirements, such as legibility, typing or printing, and hole-punching, must be followed when submitting documents. Filing fees may apply and can be paid by various methods, including cash, check, money order, or credit card.

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Understanding court procedure

Initial Appearance and Petition

When a case is filed in family court, there is usually an initial appearance where the judge will set a date for the lawyers to meet and discuss the petition. This petition is a sworn statement outlining the facts of the case and can be obtained from the Family Court Clerk's Office. If you do not have a lawyer, you will need to fill out and file the petition yourself, and the court may assign a lawyer to represent you if you cannot afford one. It is recommended to consult with a lawyer before filing to ensure your rights are protected.

Settlement or Trial

After the initial appearance, the court will try to settle the matter by agreement between the parties. If an agreement cannot be reached, the court will schedule the case for trial. Most family court proceedings allow for the right to have legal representation, and children involved are typically entitled to free legal help through a law guardian.

Case Information and Records

Family law cases are generally handled by specific courts, such as the Family Court or the Superior Court, depending on the state. Many courts provide online resources and case lookup systems to access case information. However, some family court cases are sealed and not accessible to the public, especially custody cases. Authorized individuals can request online access to sealed cases and obtain copies of documents from the Clerk of Court.

Rules and Procedures

The rules and procedures governing family court vary by state and case type. For example, in West Virginia, the Rules of Practice and Procedure for Family Court outline specific guidelines for mediator disqualification, interpretation, and counsel substitution or withdrawal. In Florida, the Supreme Court has issued opinions emphasizing the efficient resolution of family disputes, and different case types follow distinct rules, such as the Rules of Juvenile Procedure for dependency and delinquency cases.

It is important to familiarize yourself with the specific rules and procedures of the court handling your case, as they are designed to ensure the fair and timely administration of justice. These procedures may include guidelines for judge disqualification, the role of interpreters, and the consideration of mediated agreements. Understanding and adhering to these procedures will help ensure your case is handled effectively within the legal system.

Frequently asked questions

You can use the Family Law Self-Help Center website to find information about your district court case. This website is intended to provide general information, forms, and resources for people who are representing themselves in a Clark County court without a lawyer.

You can use the Case Access system to search for family law cases in Orange County, California. The Case Access system is intended to assist the public in accessing available case data without having to visit the courthouse.

You can use the Public Case Access System to search for cases by name, case number, or filing date. In Family Law cases, you are able to view information regarding case participants and events.

If you are unsure about the spelling of a name, check the box that says "use soundex" and the system will search for names that sound similar to the one you are searching for.

You can get copies of documents from your case from the Clerk of Court.

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