Tuesday, August 18, 2015

Keep Away: How Restraining Orders Work in California

Restraining orders are court orders that protect individuals from physical or sexual abuse. This abuse can include contacting, attacking, threatening, stalking, sexually assaulting, harassing, or sending messages. The orders can protect a single “protected person” or can include others, such as the person’s family members or coworkers. The process can be tricky, so hiring a lawyer to assist you with a restraining order can be helpful.

The person to be restrained may have various stipulations with which to comply. The person may not be able to see children, may not be able to move houses, may not be able to go to certain locations and may not be able to buy a gun. It can also affect immigration status when applying for visas and the like. The consequences for violating a restraining order are severe, including paying a fine, jail time, or both.

There are several different types of restraining orders. A domestic violence restraining order may be filed if someone abuses you and you have had a close relationship with him or her in the past or present. Your relationship may be that of domestic partners, divorced or separated, dating or once dated, cohabitate or used to cohabitate or you have a child together. You can also apply for a domestic violence restraining order if you are closely related to the person, whether sibling, parent or grandparent.

If the person stalking, harassing or abusing you does not fit under the domestic violence category, you can ask for a civil harassment restraining order. These relationships would include non-sexual roommates, neighbors and extended family like aunts, uncles or cousins. Sometimes the person harassing you might be a fellow employee where you work. You’d file a civil harassment restraining order in this case. If you’re an employer, you can file a workplace violence restraining order on the behalf of one of your employees, but they can only fill out the civil harassment order.

The final type of restraining order available in California is an elder or dependent adult abuse restraining order. If an individual is 65 or older or is between 18 and 64 but have mental or physical disabilities that stop you from protecting yourself or performing normal activities, you may ask for this type of order. To qualify, you must have been victimized by physical harm, financial abuse, abandonment, harmful physical or mental treatment, or been deprived of basic necessities by a caregiver. This order is to restrain and prevent malicious individuals from preying on the elderly or disabled.

To find out more about employing a restraining order attorney in San Diego, visit this website.

Monday, August 17, 2015

How to Modify Child Support

It is possible to change the amount of child support you pay or receive by proving to the court that your or your ex’s financial circumstances have changed or your child’s needs have increased.

'Gossip Girl' actress in custody battle can't keep kids in US, New York judge rules

A New York judge on Tuesday ordered actress Kelly Rutherford to return her children to Monaco, where their father has been living after his U.S. visa was revoked.....read more

How Does A Mediator Help With Child Custody?

When two parents choose to separate, they often need to come up with a child custody plan that is fair for both of them as well as the child. The child will need to have enough time with both parents. However, conflicting schedules do not always make it easy. Some people may not want to share custody with their former partner, which is why they may need help from a mediator.

Understanding the Issues Between Parents

During the first mediation session, the mediator will listen to both parents while they discuss their concerns. There may be a few different reasons that they are not meeting eye to eye. Some of those reasons include:

• Belief that the child would be better off living with them.
• Concerned that they are not seeing their child enough during the week.
• Worried about what the child is doing when he/she is not with them.

Coming Up With Favorable Solutions

The mediator does not take sides. Instead, he or she is there to help both parties reach an agreement that is ideal for them. A custom child custody plan may be in order based on the schedules of both the parents and the child. If both individuals can agree to the plan devised by the mediator who is trying to help them out, they can then sign papers stating that they are willing to follow the agreement. If you would like to learn more, check out the website for details on how a child custody lawyer in San Diego can help you out.

Magnitude 8.1 Earthquake Rocks California Laws Governing Date of Separation - Meet Marriage of Davis!

In what is possibly its most shocking family law decision in years, the California Supreme Court just radically and unanimously re-arranged the fault lines that frame what judges may consider to be community and separate property in our State....read more

2 Common Reasons For Annulment

An annulment is one way for a couple to end their marriage to one another. Those who choose to annul their marriage typically do so within the first few days or week after realizing that they are not compatible with the other person for one reason or another. There are quite a few different reasons why some couples choose annulment.

1. Someone was not who they said they were.

One person in the relationship may have lied about who they are and what they do for a living. They could have had their significant other fooled for a while, but the truth may have come out, causing their partner to want to break things off due to a lack of honesty.

2. The couple was intoxicated during the nuptials.

Although it may sound unbelievable, it does happen. Some people choose to get married on a whim while they are intoxicated, but they get up the next morning feeling quite regretful, especially if they did not even know the person for more than a few hours beforehand. It is something that often occurs in Las Vegas where there are many wedding chapels spread all around, making it easy for all kinds of people to get married quickly.

These are two reasons why people tend to annul their marriage. The benefits of annulling a marriage instead of divorcing include:

• No worries about the separation of property or anything else that couples have to deal with during a divorce.
• There will be no history of the marriage.

Visit the website for more information on what an annulment attorney in San Diego can do for clients.

Custody and Visitation

Understanding different types of custody and visitation and learning how to navigate the court procedures involved with them can go a long way towards reducing conflict, protecting your children, and achieving a favorable legal outcome.


So you have been given a decision in your case and you don't like all or part of it....read more

Friday, August 14, 2015

The Many Ways To Organize A Child’s Visitation Schedule

When two parents are no longer together, they may need to come up with a visitation schedule for their child that works for them. The type of schedule they follow may depend on a number of factors, including the specific work schedules that each parent has. For example, one parent may not be able to pick the child up from school or drop him or her off because they have work at those specific times.

Coming Up With a Custom Schedule

In most cases, a judge is willing to allow parents to select a schedule that works best for them if they are willing to agree on something with one another instead of having it chose for them. Some of the different visitation schedules may include:

• Child spends one week with parent A and then one week with parent B.
• Child spends Monday-Friday with parent A and weekends with parent B.
• Child lives with parent A and visits parent B every other weekend.

Getting a Mediator’s Help

It all depends on what the parents want and what they can agree on. If they are having a hard time figuring things out on their own, they can request the help of a mediator who sits down with the two of them to talk about different plan that may work out well. It is best for the parents to work with one another when coming up with the schedule, especially if they want what is best for their little one. If you need help with visitation, visit this website to learn more about the child visitation attorney in San Diego.