California Divorce & Family Law Blog

What is a Family Law contempt action?

2011-04-13T20:20:00.000-07:00

A Family Law contempt action can be Civil or Criminal. In a civil contempt the goal is to have corrective measures take place, whereas in a criminal contempt matter the Citee maybe sentenced to five (5) days in jail for each count. The jail sentence is imposed for the willful disobedience of a valid court order, the Citee must have knowledge of the valid court order. If a Contempt action has been filed against you call the Law Offices of Bettina L. Yanez & Associates, for a free thirty (30) minute consultation.

For example in a Child Support Contempt action, your ability to pay Child Support was determined when the original child support order was made. Thus, your inability to pay your child support is an affirmative defense that must be proved by the Citee.

A Family Law Contempt action is begun by filing the charging document form FL-410, Order To Show Cause, on the seventh floor Family Law Clerks Office. Facts that constitute the contempt are alleged in the affidavit of facts indicating the kind of order that was violated, the date the order was entered and how the violation occurred. [California Code of Civil Procedure § 1211(a)]

A family law contempt action must be personally served on the Citee at least 21 days before the hearing. You or you attorney must appear at the arraignment hearing. If you do not appear in person or by counsel, a bench warrant can be issued. At the Arraignment you will enter a plea of guilt or not guilty and a pre trial date will be set.

At the pre trial a plea may be offered by County Counsel and if a plea is taken, your sentenced will be suspended and you will be placed an three (3) years probation. If you do not accept the plea your case will be set for a hearing. If you do not comply with the terms of your Plea the Department of Child Support Services can file a Petition to Revoke your Probation and the court can impose all or a portion of the suspended sentence.

Update on Tiger Woods’ Divorce

2010-06-30T10:32:00.000-07:00

The final settlement of Tiger Woods’ divorce is going to be approximately $750,000,000. This is a large amount of money considering Tiger is worth around $900,000,000. Not only does Elin Tiger’s former wife get $750,000,000 she will also be inheriting the mansion they owned together in Florida. The settlement that was reached in this divorce is that Elin is not able to write a book regarding the divorce. In addition, Woods is unable to introduce his children to any women he is dating unless they are married. Some would say that Tiger got the raw end of the deal. He was the one who was struck with a golf club after the cheating information surfaced. His former wife Elis won the lottery with this one.

Facebook and Divorce: Airing the Dirty Laundry

2009-08-02T08:18:00.000-07:00

Not long after Patrick told his wife Tammie he wanted a divorce, she posted an angry, hurt note on "the wall," or public-comments section, of his Facebook page. Embarrassed that his colleagues, clients, church friends and family could see evidence of his marital woes, he deleted it and blocked his wife from seeing his page. A couple of days later, the IT worker in Florida--who asked that his last name not be used in this story — found alarmed messages from two Facebook friends in his inbox. Tammie had used a mutual friend's account to view Patrick's wall and e-mailed several women he had had exchanges with. He says her e-mails were borderline defamatory. She says they merely noted that he was married with children, a fact he had left off his Facebook profile. Either way: Ouch.

For those who want to connect or reconnect with others, social-networking sites are a huge, glorious honeypot. But for those who are disconnecting, they can make things quite sticky. And as the age of online-social-network users creeps up, it overlaps more with the age of divorce-lawyer users, resulting in the kind of semipublic laundry-airing that can turn aggrieved spouses into enraged ones and friends into embarrassed spectators.

Lawyers, however, love these sites, which can be evidentiary gold mines. Did your husband's new girlfriend Twitter about getting a piece of jewelry? The court might regard that as marital assets being disbursed to a third party. Did your wife tell the court she's incapable of getting a job? Then your lawyer should ask why she's pursuing job interviews through LinkedIn.

Battles over finances and custody remain the Iwo Jima and Stalingrad of divorce cases. Opposing lawyers will press any advantage they have, and personal information on sites like Facebook, MySpace and LinkedIn is like decoded bulletins from enemy territory. "It's now just routine for us to go over with clients whether they have an active presence on the Web and if they Twitter or have a MySpace page," says Joseph Cordell of Cordell & Cordell, a domestic-relations law firm with offices in 10 states. He advises his mostly male clients to scour their page — and their girlfriend's — for anything that could be used by their ex's legal team. Then Cordell studies the page of the soon-to-be ex-wife.

There's little the besmirched can do legally, unless there are children involved. Family-law courts routinely issue restraining orders to prevent one parent from disparaging another to a child. "The question is, If it's on the Internet, can that speech be blocked?" says Stephen Mindel, a managing partner at Feinberg, Mindel, Brandt & Klein in Los Angeles. "The First Amendment is going to come into conflict with the family-law courts."

Issuing an order to remove children's access to Facebook is pointless, says Chicago-based lawyer Jennifer Smetters. "The kids just go on a fishing expedition to find out what's so secret. And no child needs to see their parent being publicly humiliated." Smetters has seen cases where messages on a social-networking site were part of a harassment campaign that led to the court's issuing a civil order of protection.

It seems everybody — except perhaps some lawyers — would be better off if divorcing spouses gave each other some space on MySpace. But when confused, anguished people look for ways to work through their feelings, a social-networking site can be an almost irresistible venue.

Patrick and Tammie are still active on Facebook. So are decoupled East Coast residents Andrea and Adrian, even after "he told me he didn't have any money and then posted pictures of his new BMW bike," Andrea says. He says Facebook helped her stalk him. "It's had a very negative impact on our communication," he adds.

But there can be some positives. Tammie's friends post supportive messages on her Facebook page. And Patrick says he understands online social networks better now. "It's like putting everybody you know in the same room. I'm using it, but I'm much more careful."

"We had a custody case where a mom assured the court that she hadn't been drinking," recalls the Missouri-based attorney. "But her MySpace page had actual dated photos of her drinking — and smoking, which is also of interest." In another case, a mom had listed herself on a dating site as single with no kids, which Cordell's firm used to cast doubt on her truthfulness.

And that's just the courtroom stuff.

Half the fun of social-networking sites is the posting of personal news. The other half is the posting of personal opinion, something spurned spouses typically have in spades. MySpace and its ilk offer the giddying cocktail of being able to say something in the privacy of your home that will be publicly accessible, along with a chaser of instant gratification. All this at a time when people are often less than their best selves. On the walls of two Facebook groups — I Hate My Ex-Husband and I Hate My Ex-Wife, which together had been joined by 236 Facebook users as of early June — posts include all manner of (often misspelled) vitriol, including some colorful British slang: "my husband is ... a dirty smelly chavvy theivin alcoholic drug addict selfish scum bag" and "my ex wife is a no good lieing slag," each of which was posted alongside a smiling photograph of the commenter.

by time.com

International Parental Child Abduction

2009-06-07T21:57:00.000-07:00

Is a serious issue that the Department of State considers to be of high importance so much that the highest priority is given by this agency to the wellbeing of children who are victimized by international parental child abductions.

If you find yourself in this situation and need to speak to a representative at the U.S. Embassy in Stockholm, you may send an e-mail to: stkacsinfo@state.gov ( include a daytime phone number), or call them directly at +46 8 783 5375 during their telephone hours Monday, Tuesday, and Thursday between 1:00 and 2:00 PM. For emergencies you may call the switchboard phone number +46 8 783 5300.

Hague Abduction Convention

The United States is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Hague Abduction Convention is the primary civil law for parents who find themselves involved in an International Parental Child Abduction. This is a way to obtain the return of the children from other treaty partner countries. Countries that are party to the Convention have agreed that a child who was living in one Convention country, and who has been removed to or retained in another Convention country in violation of the left-behind parent's custodial rights, shall be promptly returned. Once the child has been returned, the custody dispute can then be resolved in a court of competent jurisdiction. The Convention does not address who should have custody of the child; it addresses where the custody case should be heard.

To date, the United States collaborates with about 68 other countries under The Hague Abduction Convention. Each country that is party to the Convention has designated a Central Authority, a specific government office, to carry out specialized Convention duties. Central Authorities communicate with each other and they assist parents in filing applications for return of or for access to their children under the Convention. The Central Authority for the United States is the Department of State's Office of Children's Issues. The Central Authority for Sweden is the Ministry for Foreign Affairs ("Utrikesdepartementet"), Department for Consular Affairs and Civil Law.

For left-behind parents seeking the return of their children, one of the biggest sources of frustration is that courts in many other countries do not take into account the prior decisions made by courts in the United States. A custody order in the United States can be meaningless abroad. When confronting this challenge, keep in mind the following three things:

1) Each country is a sovereign nation. Sovereign nations cannot interfere with each other's legal systems, judiciaries, or law enforcement;

2) Generally every country only has jurisdiction within its own territory and over people present within its borders; and

3) Although court orders from other countries may be recognized in the United States under the Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA), this is rarely true in reverse - U.S. court orders are not generally recognized in other countries.

Office of Children's Issues - International Parental Child Abduction Unit

What is a Dissolution of marriage or Divorce

2009-05-28T13:07:00.000-07:00

Dissolution of marriage or Divorce is the termination of a marriage, canceling legal responsibilities and duties of marriage and melting away the bonds of matrimony between couples. In most nations, divorce necessitates the authorization of a judge or other authority in a legal process to finalize a divorce. A divorce does not affirm a marriage null and void, as in annulments, but divorce ends the marital status of a couple, permitting them to marry once again.

Divorce laws fluctuate significantly around the globe. Divorce is not allowed in some nations, such as in Malta and in the Philippines; however, an annulment is allowed.

The legal procedure for dissolution of marriage or divorce may also involve matters of child custody, spousal support, distribution of property, child support and division of debt, though these issues are usually only secondary or resulting from the divorce.

Some jurisdictions do not require a party to claim fault of their partner that leads to the divorce. Even in areas, which have adopted the "no fault" rule in divorce proceedings, a court may still take into account the actions of the parties when dividing the debts, property, evaluating custody, and support of children and spouse.

In most areas, a divorce must be granted by a court of law to become effective. The conditions of the divorce are usually decided by the court, though they may consider prenuptial agreements or postnuptial agreements, or approve agreements that the couple may have agreed to in private. In the nonexistence of understanding, a disputed divorce may be hectic to the spouses and lead to expensive legal action. Other methods to divorce resolutions have recently come into view, such as mediation and collaborative divorce, which settles jointly agreeable solutions to disagreements. In some other nations, like Portugal, when a couple agrees to divorce and to the conditions of the divorce, a non-judiciary administrative being can approve it. The effect of a divorce is that both parties are free to marry again.

In the United States, all states now expect parents to file a parenting plan when they divorce or legally separate.

Adoptions in California

2009-01-30T11:50:00.000-08:00

Adoptions in California are approved by the Superior Court located in the County where the parties reside. The adopting parents can begin the process by filing a Petition with the Superior Court. Notice of the action needs to be given to all interested parties such as biological parents, legal guardians (if any), adoption agency if one is involved, the child to be adopted if 12 years of age or older.
The process can be lengthy if the child needs to be freed for adoption. If a parent has not signed a consent form then it is possible that a petition to terminate parental rights needs to be filed in order that the child can be freed to be adopted.
Once all of these steps have been taken the adopting parents will attend a hearing. If the child is twelve (12) years of age or older the child needs to attend the hearing as well.
Pertinent Family Code Sections:
In California:
Family Code § 8600—to be to be adopted a person must be unmarried and under 18 years of age in; unless, the person is an adult who has consented to be legally adopted by another adult.
Family Code §§ 8600; 8601—an adult generally must be at least 10 years older than the child that he or she wishes to adopt.
Family Code §§ 8801.5; 8704— provides that only an underage child's biological parent or parents, a licensed adoption agency, and the California Department of Social Services are allowed to legally authorize an adoption.
The Law Office of Bettina Yanez can assist you in preparing all necessary documents and will guide you through the process.

CONTACT A CALIFORNIA FAMILY LAW ATTORNEY... USING THIS MAIL-FORM IS EASY AND FAST. A FAMILY LAW ATTORNEY WILL CONTACT YOU WITHIN 24 HOURS

2008-11-18T19:18:00.000-08:00

VIOLATING A COURT ORDER FOR CHILD SUPPORT... EQUALS... NO DRIVER’S LICENSE AND/OR PROFESSIONAL LICENSE

2008-11-18T10:18:00.000-08:00

Don’t be a Dead Beat Parent:

Do not let this happen to you. If you fall into one of any of the following categories, we can help you:

If you are falling behind in child support because your pay/ wages have changed since your last order, then we can help you obtain a guideline child support order that reflects your current pay so that you do not lose your license!

If you are paying too much for child support because you now have primary custody of your children, or have been spending more time with your children then you were when the child support was issued, then we can help you obtain a guideline support that reflects the current child custody/visitation agreement that you are exercising so that you do not lose your license!

If you have been awarded child support, but have not been able to enforce, we can help you enforce it, and make sure that the parent is paying their share of child support!

The truth is that pursuant to California Family Code 17520, a local child support agency has the power of suspending a persons driving and/or professional licenses, such as attorney’s license and real estate license. They also may levy your bank account and/or the Franchise Tax Board may intervene a tax refund.

If you are NOT paying your child support, you may lose your driving privileges and working privileges. As we all know, it is difficult to impossible to maintain a job without a driver’s license. Or worse, it is difficult to impossible to maintain a job, if you lose your professional license in the field you are trained in.

The local agency has the power to send you a service of notice of suspension once you are 30 days late in your child support payment, which states that it will suspend your license indefinitely unless you pay your child support or make payment arrangements.

If you obtain this Notice, Do NOT IGNORE IT! If you fail to obtain a release from the local child support agency, the Department of Motor Vehicles and/or other licensing board will suspend your license(s) after 150 days of being delinquent.

You may challenge this suspension by first requesting an internal review in writing. If the local agency still refuses to lift the suspension, you may make a motion to the Court for a Conditional Release. We can help you bring forth this motion!

Do NOT lose your driver’s license and/or professional licenses. Contact an attorney before it is too late!

CALIFORNIA CHILD SUPPORT, CHILD CUSTODY, MODIFICATIONS & THE DEPARTMENT OF CHILD SUPPORT SERVICES

2008-11-18T10:16:00.000-08:00

The payment of child support is a serious matter that can have very serious ramification for non-payment. For example, the local department of child support services could seek to enforce the current monthly child support order by taking any of the following steps:

1. Suspend any and all state issued licenses such as

Driver’s license

Professional licenses

If this occurs you can either retain a family law attorney to negotiate with the

Department of Child Support Services or file a motion to request Judicial

Release of any and all state licenses that have been or will be suspended.

The Department of Motor Vehicles can charge a fee to reinstate your license.

The fee can be around $15.00 in California. The California Department of Real
Estate Charges around $85.00 dollars to reinstate a license. It can take up to

7 to 10 days to obtain the release of any state issued licenses.

If by court order it can take up to three (3) days. If your license is suspended

By the Department of motor vehicles a temporary license can be issued for a

Period of 150 days which will then terminate at the end of the 150 days unless

Released.

2. Bank Levy/ FTB Collection program

The State Department of Child Support Services can levy your accounts

And have the Franchise Tax Board intercept income tax refunds IF you are

past due in the payment of your child support by $100.00 dollars or more.

The Franchise Tax Board runs an asset search and issues a levy if

there are any assets available for levy. The first $3500.00 can be

Exempt or you can hire a family law attorney to file a motion to request

Additional exemptions due to a factual hardship.

3. Denial of Passport

The Department of State can refuse to issue a passport to any person who

Owes $2500.00 or more in child Support payments. A notice will be sent

To by the State Department.

4. Child Support Services can report you to the Credit Reporting Agencies

Your payment or non payment can be reported on a monthly basis to

All credit reporting agencies such as TransUnion, Experian, Equifax and

Inovis.

CALIFORNIA SUPREME COURT STRIKES DOWN "SAMES-SEX MARRIAGE"

2008-11-18T10:12:00.000-08:00

On May 15, 2008, the California Supreme Court struck down the state's ban on same-sex marriage saying sexual orientation, like race or gender, "does not constitute a legitimate basis upon which to deny or withhold legal rights."

In a 4-3 ruling, which took effect on June 16, 2008, Chief Justice Ronald George wrote for the majority stating that "the California Constitution properly must be interpreted to guarantee the basic civil right [to form a basic family relationship] to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples."

Shannon Minter, attorney for one of the plaintiffs in the case, the National Center for Lesbian Rights, called the ruling "a moment of pure happiness and joy for so many families in California."

"California sets the tone, and this will have a huge effect across the nation to bringing wider acceptance for gay and lesbian couples," he said.

Groups opposing same-sex marriage also reacted strongly to the ruling.

"The California Supreme Court has engaged in the worst kind of judicial activism today, abandoning its role as an objective interpreter of the law and instead legislating from the bench," said Matt Barber, policy director for cultural issues for the group Concerned Women for America, in a written statement.

In a dissenting opinion, Associate Justice Marvin Baxter wrote that although he agrees with some of the majority's conclusions, the court was overstepping its bounds in striking down the ban. Instead, he wrote, the issue should be left to the voters.

The issue, in fact, is left to the voters with Proposition 8, a proposed constitutional amendment titled Eliminates Right of Same-Sex Couples to Marry Act, whose proponents intend to override the Court's decision. If passed, the proposition would change the California Constitution to eliminate the right of same-sex couples to marry in California.

A new section would be added stating "only marriage between a man and a woman is valid or recognized in California. The measure will appear on the 2008 California general election ballot this November.

DIVORCE/ LEGAL SEPARATION/ DISSOLUTION OF DOMESTIC PARTNERSHIPS/ ANNULMENTS:

2008-11-17T15:33:00.000-08:00

DISSOLUTION OF MARRIAGE (DIVORCE OR MARITAL DISSOLUTION)
A dissolution of marriage, which is more commonly known as divorce, terminates the marriage of the spouses and resolves issues between them, including child custody, visitation, child support, spousal support, asset and debt distribution, former name restoration, and even restraining orders.

California is a NO-FAULT jurisdiction. Another words, the actual reasons for the marital breakdown is irrelevant. It is irrelevant whether one spouse or the other was at fault, or whether one spouse committed adultery. Also California does NOT have ABANDONMENT laws, and thus one spouse or the other may leave the home, and not be charged with abandonment.

LEGAL SEPARATION
Our Firm typically suggests a dissolution of marriage over a legal separation when the parties believe that their marriage has irreparably broken down. However, if this is not the case, Legal Separation is an alternative to the dissolution of marriage.

A Legal Separation resolves issues between the spouses, such as spousal support, child support, custody/ visitation, and the division of the community estate; however, Legal Separation does NOT terminate the marriage of the spouses so the spouses may NOT remarry. Also, if one files for Legal Separation, one does NOT have to meet the residency requirement in California, which is six months prior to filing for divorce. Often, people who seek legal separation do so for religious or personal reasons. One common reason to seek a Legal Separation instead of a dissolution (divorce) is that the parties retain eligibility for medical insurance that would otherwise be lost by a termination of the marriage. Interestingly, after a judgment of legal separation, the spouses do not acquire further community property and they do NOT owe each other any spousal duties of care and support except as ordered by the court pursuant to the judgment.

DISSOLUTION OF REGISTERED DOMESTIC PARTNERSHIPS:
Our Firm has handled Registered Domestic Partnerships, and has assisted in their dissolution. In many ways, the process is identical to that of a dissolution of marriage (divorce) Domestic partners are "two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring." Persons of opposite sexes may not constitute a domestic partnership unless one or both of the persons are over the age of 62. Currently, the new Supreme Court case condones marriage between persons of the same sex.

ANNULMENTS (NULLITY)
An Annulment of marriage is also known as a Nullity and is often difficult to prove, unless there is substantial evidence that one of the following grounds is met: incest, bigamy, underage without parental consent, prior existing marriage, unsound mind, fraud, force, and/or incapacity. You may consult our Firm to see if you are eligible for an annulment. If you are granted an annulment, it is as if the marriage never happened.

ISSUES RELATED TO THE FAMILY:

PATERNITY
Our Firm strongly suggests that unmarried parents bring a Paternity Action to establish their biological ties to a child. Typically, if our Client has not been married, or is uncertain of whether or not their child or children are biologically theirs, we begin by opening a Paternity Action. In the State of California, if one does not pursue a Paternity Action within the first few years of the Child’s life, then a person loses the ability later in the child’s life to bring this action. Thus it is essential to bring this action early on.

A Paternity Action is held when the parties do not know who the actual father of the Child is. In California, you may establish the parentage of a child through any one of these avenues: Sign a Voluntary Declaration of Paternity, or ask the Court to establish Parentage. Usually, unmarried people file a Complaint to Establish Parental Relations. This is a legal action in California Superior Court that determines parenthood rights, child support, and establishes the future rights and privileges of parenting, i.e. a parenting plan, custody, visitation, and time-sharing arrangements.

RESTRAINING ORDERS (PROTECTIVE ORDERS)
Our firm is committed to obtaining justice for all of our Clients! Whether you are the victim, or the person wrongfully accused, we can help! We expeditiously & successfully prepare and defend restraining orders on a case by case basis. We understand the emotional and tragic consequences that occur if a restraining order is denied to a victim, or wrongfully placed on someone. We aggressively and carefully fight to preserve the integrity and rights of our Clients!

A person seeking a Family Law Restraining Order is considered a “protected person” and usually falls into one of the following categories: He or she is a spouse, cohabitant, is dating or engaged to the aggressor, is a coparent, child, or blood relative to the aggressor.
A “protected person” may obtain a restraining order if he or she has been abused.

The California Family Code Section 6203 defines abuse as the following: intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing a person in "reasonable apprehension" of imminent serious bodily injury to that person or another or engaging in any behavior that has been or could be enjoined pursuant to California Family Code § 6320.
IF one is granted a temporary restraining order one may obtain temporary custody, child abduction prevention orders, protective orders where child sexual abuse is alleged, assaultive conduct & Property destruction orders, an order excluding a party from "the family dwelling, firearms restraining order, wiretap order, restitution orders, orders to attend a batterer’s program, harassment/ stalking orders, an order determining the temporary care and control of any minor child of the endangered person and the person against whom the order is sought (Ca Fam § 6252(b))

CHILD CUSTODY
We take extreme caution with Child Custody and Visitation rights, and devote our efforts to looking for what is in the best interest of the children. We help both mothers and fathers maintain and/or create a significant bond with their child. We handle child custody matters expeditiously. Our mother and father clients alike appreciate our consideration, but objectiveness in pursuing custody and/or visitation.
It is important to recognize that California Courts only have jurisdiction over natural born or adopted children. They do NOT have jurisdiction to hear the custody request of a stepparent. Thus a stepparent does NOT have any custody and or visitation rights over their stepchild.
Two forms of custody or Legal and Physical Custody. These terms are often confused and misused; however, if you would like to see what best suits you, you may contact our Firm for more information of the type of custody you would like to seek.

CHILD VISITATION
We can help you decide what is in the best interest of the child as far as visitation with the factors at hand. You will never be alone. You will always have someone to guide you!
Visitation is often awarded to the non-custodial parent, or the parent who does not have primary custody. Typically, child visitation is alternate weekends, which include midweek visits. However, there are many options to the parenting schedule that a parent may pursue. Our Firm will help you in coming up with a parenting plan that best fits your needs, and more importantly, the needs of your children.

CHILD SUPPORT
In California, both parents have a legal duty to provide financial support for their children. Child support is a formula, and is essentially based on two factors 1) the income of the parents, and 2) the time that each parent spends with their child. The court may order either or both parents to make ongoing payments to cover a child’s living and medical expenses. If there is no current court ordered custody or visitation, our Firm encourages and advised that parents seek to obtain one. Without a custody/ visitation order, then the timeshare of each parent will be an estimate, and may not be accurately calculated. Our Firm will help ensure that all factors are including in the formula, including but not limited to hardships, mandatory retirement payments, health care premiums, spousal support and child support from another marriage, and property taxes.

CALIFORNIA FAMILY LAW DOMESTIC VIOLENCE: WE CAN HELP?

2008-11-16T20:30:00.001-08:00

DOMESTIC VIOLENCE: WE CAN HELP?

Are you a victim of domestic violence? If so, WE CAN HELP YOU obtain a restraining order in family court against the perpetrator. We can SHIELD you from the physical and emotional abuse you or your children have sustained.

OR

If you have you been falsely accused of domestic violence or spousal abuse, WE CAN HELP YOU. We will defend you from your spouses or cohabitant significant other who is falsely accusing you in order to keep you away from your home or your children. Often these allegations are brought by a self represented party.

USING DOMESTIC VIOLENCE AS A SHIELD OR SWORD???

As family law attorneys we constantly see the horrific emotional and physical affects of domestic violence toward spouses and children. Domestic violence is a tragic type of violence that is a serious offense that should be immediately reported to law enforcement and the courts! It is important to document with the police, friends, and family members. We daily help women and men deal with this family taboo and help free their families from the emotional and physical scarring these acts of abuse cause.

Similarly, because we know of the devastating affects of this type of violence and the serious ramifications that a restraining order has, we carefully select our cases and ensure that women and men are not using these allegations as swords to keep moms and dads from their homes and from their children. We are committed to also helping those who has been falsely accused of domestic violence. It is an injustice for false serious allegations to be used as leverage in custody battles and divorces.

DOMESTIC VIOLENCE PREVENTION ACT (DVPA): WHO IS PROTECTED?

The law is on your side! California Family Code § 6200 et seq. incorporates this act. The intent of domestic violence laws are to prevent the acts of domestic violence from reoccurring.
California Family Code §6211 specifically states those who can be protected by a Family Law Restraining Order. Those people are as follows:

- Spouse: A spouse or former spouse.

- Cohabatant: or a person who regularly lives with you in your home, or who regularly lived with you in your home.

- Dating Or Engagement Relationship: A person with whom you have a "dating” relationship with, or have been
“hooked” up with in some way. A "dating relationship" is defined by the Family Code as having "frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations."

- Coparent: A person with whom you have had a child with.

- Child: if you are a child of the person who is committing domestic violence.

- Blood Relatives: if you are related to the person by consanguinity or affinity within the second degree. In other words, father-in-laws and brother-in-laws are included.

HOW TO PROVE DOMESTIC VIOLENCE? “HE SAID, SHE SAID” vs. “PROOF”

California Family Code § 6300 specifically states that a person must show "reasonable proof of a past act or acts of abuse" in order to obtain a protective order, or a restraining order against one of the persons above.
The Family Code defines "Abuse" as intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, or placing a person in "reasonable apprehension" of imminent serious bodily injury to that person or another, or engaging in any behavior that has been or could be enjoined pursuant to Ca Fam § 6320.
In other words, a person does not have to physically touch you to have abused you. For example a person who shatters a mirror with their fist and says, “I’m gonna kill you next,” may be committing domestic violence. In this example, you should immediately call the police and flee to a safe place. You should take pictures of the shattered mirror, and ask the officer to find the person who shattered the mirror, to see if the police can find any physical wounds or blood that links them to the breaking of the mirror. Immediately after the incident the victim should obtain a restraining order against this person to prevent this person from any further retaliations.

MAKE SURE TO OBTAIN A RESTRAINING ORDER AND OTHER ORDERS TO BE PROTECTED:

When a person is seeking a restraining order, they can ask the Court for the following additional temporary orders:

- Temporary Custody: where the custody of a minor child is in issue, a parent may ask for sole physical and legal custody until the other parent seeks help by engaging in parenting classes, a 52 week batterers program, anger management, drug testing, or any other program the court seeks to be just and proper.

- Temporary Child Visitation: a parent may ask for no visitation, or supervised visitation, depending on the severity of the violence that was committed by the other parent.

- Child Abduction Prevention Orders: if there is a risk that one parent may abduct a minor child and flee to another county, state or country, then you should alert the court to this.

- Dwelling Exclusion: You may want to ask the court to order the person out of the family home. In domestic violence cases, you may be asked to leave the home temporarily, even if you hold title until a full hearing takes place. You must show the court that you have some right to remain in the premises.

- Firearms Restraining Order: Typically if a restraining order is granted, then the person who is the alleged aggressor must turn in to the local law enforcement any and all firearms they have in their custody and possession. The alleged aggressor may NOT own, possess, purchase, or have under their care any type of firearm.

- Wiretap Order: Also, you may want to ask the court to allow you to record any communication that the aggressor attempts to make with you or has with you in violation of the temporary orders. If you do not have this provision written in an order than you may be in violation of Federal wiretapping laws

HOW DO YOU OBTAIN PROTECTION/ A RESTRAINING ORDER

In California, you typically request an emergency order, or an ex parte hearing. To obtain an ex parte hearing, you fill out all the appropriate paperwork in your county and make sure that you specifically in detail explain the most recent incident of abuse and any other specific incidents of abuse that you have sustained. If the abuse has been in the presence of your children or someone else, make sure you include their statements. Also include any Emergency Protective Orders or Criminal Protective Orders, along with police reports that have been issued to you for this incident or other incidents of violence. The goal is to get the Judicial Officer’s attention on the face of the documents.

Usually, you will find out within an hour or two if the Judge has given you a temporary restraining order. If you have been given one, make sure you take to your local enforcement agency so that they can serve it on the person who has committed the act of abuse. Also, make sure you carry one on you at all times, and have distributed one to the child’s school, place of employment, or any other place you frequent.
A temporary restraining order is usually only given to you for a period no longer than twenty-one (21) days. During this time, the court sets a hearing, and at that hearing the person who was alleged to have committed domestic violence is given notice and must appear to defend himself / herself. This hearing is then a mini-trial where each person presents their evidence, testimony, arguments, and reasoning for obtaining a restraining order or defending oneself from getting a permanent restraining order issued against them.

AS FAMILY LAW ATTORNEYS, WE CAN HELP YOU! FOR MANY, THIS IS A TEDIOUS PROCESS; HOWEVER WITH THE CORRECT GUIDANCE WE CAN HELP GUIDE YOU THROUGH THIS DEVASTATING CHAPTER!

EXECUTIVE DIVORCE ISSUES

2008-11-16T20:25:00.000-08:00

High earners, for example CEO’s, partners and their spouses, face unique challenges in a divorce. Often, income and other compensation/assets are acquired in the form of non-liquid partnership interests, vested and non-vested stock options, intellectual property, etc.,

You can be confident that The Law Firm of Bettina Yanez will assist you in obtaining a fair and equitable distribution. We will explore your options and guide you in obtaining your desired outcome. We can assist in choosing a forensic accountant that will evaluate the value of a business and/or the monthly income of a spouse. We will obtain tax returns and assist you in complying with the required financial disclosures.

Our experienced attorneys are ready to assist you in obtaining a respectful divorce while keeping your children’s best interest in mind.

WHO CAN BE A LEGAL GUARDIAN?

2008-11-16T20:22:00.000-08:00

Relatives

Family friends

Any other trusted Adult

A Guardianship is a legal action in which a party files a Petition for Guardianship with the Probate court in the County of residence where the person/minor is found.

This Petition comes before the court and the Judge can approve the Petition so that
An Adult (other than the Parent) is given the authority to physically care or handle the property/assets of a minor, once the proper notice to relatives has been given. The court may not approve your Petition if you have been convicted of a felony, you can’t manage money or you are charged with abusing or neglecting a minor.

A Guardian shall serve in the capacity of a Guardian until released by the Court. This can occur when the minor reaches the age of 18 or earlier if the Guardianship is terminated by the Court.

In California, the means by which you can obtain a Guardianship is through the appointment of a person by a Judge. Informally signing an agreement/or naming someone in your will giving a third party guardianship does not automatically make that person your child’s guardian.

There are two types of Guardianships or powers your Petition can request.

Guardianship of the Person (Custody)

Guardianship of the Estate (Property)

A Guardianship of the Person gives an adult the authority to take custody/care of the child such as enrolling is school or obtaining medical care.

A Guardianship of the Estate maybe necessary in order for an Adult/third party to manage a minor’s money/property/other assets that are in the sum of over $5,000.00, obtained through inheritance, insurance proceeds or if the minor will receive benefits from an agency that requires a guardianship of the Estate before dispensing any benefits due the child.

A court will consider the proposed Guardian carefully before appointing that person. An investigation of the proposed Guardian will take place and a report will be provided to the court. Judges have discretion when deciding who to appoint as a Guardian and are given guidelines provided by the Family Code such as sections 3040 and 3041.

The Order of Preference for appointing a Guardian of the Person is:

To Parents, if available.
Person with whom the minor has been living in a wholesome, steady and secure environment.
Other adult who can provide care and guidance to the minor pursuant to California Probate Code Section 1514.

Once you are appointed you must keep accurate records of any and all money and property you have managed for the minor and you will need to provide an accounting to the court. You can be removed as a Guardian if you fail to file your accounting as required. The required format is found in the probate code.