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A parent in a backwards baseball cap holds their child overlooking a mountain after their parental relocation
Lonich Patton Ehrlich Policastri

Parental Relocation & The Stay At Home Order

September 24, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

As we all know, divorce/separation is a highly emotional event – especially when children are mixed into the fray. Combine that with the shelter in place (SIP) order we have in Santa Clara County and things start to become extremely stressful and volatile. If you’re unsure how to win a parental relocation custody case, especially during COVID-19, this article and a parent’s previous experience in San Jose winning full custody during the pandemic, might be of help to you.

Many times during a divorce/separation, new job opportunities, economic hardships, and other various difficulties may arise. As a result, one or both parents may need to relocate to a different city or state, transporting their children along with them to the new place of residence. Even during these uncertain times, family law courts are opened for the process of new applications and court dates. And while parents can often come to an agreement based on what’s in the best interest of their child, sometimes it’s just not possible for both parties to reach a consensus. If it comes to this point, professional legal representation is highly recommended. At least for the case of Steven Agnew from San Jose, California, this was true- he won full custody of his daughter, for the time of the shelter in place (SIP) order. The main argument used by him and his attorneys was the health of his daughter, and a judge agreed with this thought.

Under California state law, a parent who has sole custody typically has the right to move with their children unless the other parent can demonstrate that it would cause harm to said children. But if parents have joint custody and one parent challenges the other parent’s relocation, the parent who wants to move must show that it will be in the best interest of the children. With all that said, custody orders and visitation guidelines are not always completely clear. In California, judges often have few guidelines to follow, so the state tries to treat each case on a unique basis. Because of this, it’s important as a parent to seek legal advice from an expert parental relocation lawyer to ensure you get the desired outcome regarding your children’s future.

A parental relocation lawyer signs a document as the sun rises behind them

International parental “move-away” issues can be especially contentious and convoluted. Our team at Lonich Patton Ehrlich Policastri takes exceptional consideration to ensure a meaningful, continued relationship between the noncustodial parent and child is preserved. If a custodial parent decides to violate any of the visitation obligations, we understand and acknowledge the civil aspects of international child abduction in respect to the Hague Convention. We have attorneys that have experience in the 9th circuit of the supreme court and are extremely prepared for any matter, no matter what complexity. 

The end goal here is to ensure that the best interests of the children are served, while also making sure that both parents are able to maintain a continuing relationship with the children. We understand that a loss of contact with one parent can be detrimental to a child’s wellbeing. 

Here at Lonich Patton Ehrlich Policastri, our family law attorneys have more than 100 years of combined litigation and trial experience and an extensive background working on parental relocation and move away issues. Our team also has considerable experience in handling child custody matters concerning foreign nationals. These Parental Relocation Lawyers are on standby in San Jose, ready to help you learn how to win a relocation custody case. Please contact our office to schedule your free 30-minute Parental Relocation Consultation by calling (408) 553-0801 or signing up online here.  All consultations will be done virtually due to COVID-19 regulations and for the safety of our partners and our clients. 

https://www.lpeplaw.com/wp-content/uploads/2020/09/parental-relocation.jpg 385 684 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png Lonich Patton Ehrlich Policastri2020-09-24 16:13:472020-09-24 16:13:48Parental Relocation & The Stay At Home Order
A black and white photo of a parent holding a child's hand after getting child custody
Lonich Patton Ehrlich Policastri

How a Domestic Violence Restraining Order Can Affect Child Custody

September 23, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

Dealing with a child custody arrangement is one of the most stressful experiences parents may face. When one of the people fighting for child custody or visitation rights has a domestic violence restraining order, the case is significantly more complicated and almost always requires a qualified child custody attorney to ensure that the children receive an outcome that is in their best interests. 

Understanding Custody Arrangements

Before discussing how a domestic violence restraining order affects custody, it is important to understand legal terminology regarding custody. There are two types of custody:

  • Legal custody refers to the custodian(s) responsible for making major life decisions for the children, including choices regarding education, religion, and medical treatment.
  • Physical custody refers to the person who must legally provide a safe and secure home for the children.

Both types of custody can be full, in which one person is the main decision-maker or caretaker, or joint, in which two people share the legal rights regarding decision making or the responsibility of providing a home.

Understanding a Domestic Violence Restraining Order

A domestic violence restraining order (DVRO) is granted when a judge determines that a person has committed or threatened to commit abuse against someone that they have a close relationship with. This includes relationships such as:

  • A spouse or domestic partner
  • A roommate
  • A person that they are divorced or separated from
  • Someone that the person is dating or used to date
  • The other parent of the person’s child
  • Another close relative such as a sibling, parent, or grandparent

In other words, a judge issues a DVRO when they determine that someone is a threat to another person that they are close to. A person must file a DVRO against someone for a judge to legally issue it. Any DVRO can affect a child custody case, whether it is against the other parent or any of the aforementioned people. Any history of violence is reason for concern in a court’s eyes. 

How Domestic Violence Restraining Orders Affect Custody

Domestic violence is different than child abuse because the victim must be older than 18 years old. However, research shows that domestic violence can negatively affect children, especially when they witness the abuse. In some cases, the emotional impact of children who experience domestic violence in their homes can be similar to those of children who are abused and neglected.

A child in a striped onsie is held up by a parent at the beach after being awarded child custody

Due to the mental and emotional effects that domestic violence has on children, judges typically will not award custody to the person with the DVRO if they determine that the domestic abuse is likely to occur again. 

Parents with a DVRO are often only granted limited visitation rights, which are strict schedules or rules regarding when they can legally visit their children. Often parents may not visit the children as frequently as they wish, only can visit the children with the supervision of a third party, or are not allowed to have the children spend the night at their house.

How Someone With a DVRO May Obtain Joint or Full custody

This does not mean that a parent facing a child custody case with a DVRO should not develop a strong case. There are situations in which a judge may grant full or joint custody to a parent with a history of a DVRO. Factors that a judge considers are when the DVRO was issued, the behavior of the person since the DVRO, if the person completed all of their court-ordered programs, and the living environment of the other person fighting for custody.

In all custody cases, the interests of the child are the judge’s main priority, and it is their job to do their due diligence when assessing the parents’ fit for custodial rights. This means that even though one parent has had a DVRO issue, they may still be the best option for custodial rights. Judges do consider the length of time that has passed since the DVRO and understand that with proper treatment, some people can dramatically improve their behavior and become fit to be a caregiver.

If someone with a record of a DVRO awarded within the past five years wants full or joint custody of their children, the judge will consider the following seven factors:

  1. What custody arrangement is in the best interest of the children?
  2. Does this person have a record of any other domestic violence?
  3. Has the person followed all the conditions of any restraining orders against them?
  4. Did the person finish their year-long batterer intervention course?
  5. If any alcohol or drug programs were mandated by the court, has the person finished them?
  6. If any parenting classes were ordered by the court, has the person finished them?
  7. Has the person followed all terms of their parole or probation?

The judge will use the aforementioned factors to determine custodial and visitation rights. If you are the victim of domestic violence or have a history with a DVRO, and are facing a child custody case and need advice, our lawyers at Lonich Patton Ehrlich Policastri offer free, 30-minute consultations to assess your unique needs. All consultations will be virtual due to COVID-19 in order to maintain the safety of our partners and our clients. 

Our experienced trial lawyers at LPEP are some of the most reputable child custody attorneys in the San Jose and Silicon Valley areas. Schedule your free consultation online here.

https://www.lpeplaw.com/wp-content/uploads/2020/09/child-custody.jpg 456 684 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png Lonich Patton Ehrlich Policastri2020-09-23 21:57:012020-09-23 21:57:03How a Domestic Violence Restraining Order Can Affect Child Custody
A woman takes her ring off as husband grieves behind her as a result of divorce after affair
Lonich Patton Ehrlich Policastri

Divorce After Affair – How Affairs Affect The Case

July 22, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

Going through a divorce is a devastating and stressful reality and experiencing a divorce after an affair often magnifies the emotional impact on people. People facing a divorce after an affair should make it a priority to educate themselves with a few basic principles regarding affairs and divorce settlements.

Understanding the “No-Fault” Divorce Principle

The state of California practices the “no-fault” principle, which means that one spouse does not have to prove that the marriage failed due to the fault of the other spouse. Instead, the spouse(s) need only claim that the spouses have “irreconcilable differences,” or that one spouse suffers from “incurable insanity.”  In other words, either one spouse has a mental illness that makes cohabitation difficult, or the two spouses simply cannot get along and are no longer compatible.

This is a modern principle on divorce settlement which vastly differs from the antiquated principle that requires a specific reason for the failed marriage and which often involves one person being blamed for the divorce.

This means that adultery no longer holds the same effect on a divorce settlement that it once did. However, the added layer of adultery does make the divorce settlement substantially more complicated, as there are a few instances in which the person who committed the infidelity suffers from financial repercussions. Severe and specific situations in which the children were emotionally impacted by the divorce can also affect custodial arrangements.

In order to best prepare you for your divorce settlement after an affair, Lonich Patton Ehrlich Policastri offers a comprehensive guide to understanding your legal rights for divorce after an affair.

How Affairs Affect Child Custody Arrangements

It is a common belief that the immorality associated with having an affair often tarnishes a person’s reputation in court. Judges, however, typically don’t consider an affair when determining child custody arrangements because it is generally understood that the act of having an affair does not directly affect a parent’s ability to provide a safe and supportive home. There are a few exceptions to this rule in which the judges determine that the affair caused the child severe emotional harm or impeded on the safety of their living environment.

Such circumstances that may discourage a judge from awarding child custody or visitation rights include:

  • Situations in which the spouse or the person they had an affair with physically abused the children
  • Examples of neglect such as a parent frequently leaving younger children alone while engaging in their affair
  • Events in which the parent engaged in frequent substance abuse while having the affair
  • And even circumstances in which a parent frequently brings their lover around their children, thus subjecting them to emotional turmoil and stress.

If your affair and divorce settlement involved one of the aforementioned situations then it is especially important to hire a qualified divorce attorney in San Jose in order to best present your case.

How Affairs Affect Alimony Payments or Property Division

Another common misconception about divorce after affairs is that the person who committed the adulterous acts is financially obligated to pay for the stress that they caused their spouse.

Judges, however, do not consider affairs in regards to alimony payments, but instead, determine the amount and schedule of payments based on one spouse’s financial dependency on the other.

However, there are a few exceptions to this rule of thumb in which judges may alter the alimony payments. For example, if the spouse who would normally receive alimony is living with the person that they had an affair with, then they may have less need, but generally, the “new” spouse’s income is not considered in setting support. 

Another example in which a judge could adjust alimony payments is when the person who had the affair lavishly spent money on their lover for dinners, hotel rooms, gifts, or weekend getaways; these adjustments are a result of reimbursement claims. It is essential to understand that judges are not lawfully bound to grant the other spouse financial compensation for the affair itself.  

The principle practiced in California divorce law known as “community property,” states that assets accumulated during a marriage must be split evenly if the marriage ends. In other words, some judges may interpret that law as meaning that the spouse who was cheated on is entitled to their share (50 percent) of the money that was spent on the affair.

Since this principle is merely an interpretation of the law and it is not explicitly stated, it makes divorce trials after an affair significantly more complex and timely.

As a woman watches her husband secretively text, she contemplates divorce after affair.

If you are facing a divorce after an affair and want to protect the interests of you and your children, then it is critical to invest in a qualified divorce attorney in San Jose, California. LPEP is one of the largest family law firms in the Bay Area and is experienced with complex and high-asset divorce settlements.

Sign-up today to schedule a 30-minute consultation so that we can help you understand your unique needs regarding a divorce after an affair.

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A man stands in a field carrying 2 children as a third runs ahead. A child custody lawyer helps him protect his rights
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3 Common Reasons People Lose Child Custody Cases According To A Child Custody Lawyer

July 8, 2020/0 Comments/in Uncategorized /by Lonich Patton Ehrlich Policastri

If you are looking for a child custody lawyer in San Jose California then you are probably facing the reality that there is the possibility, however slight, that you may no longer be able to see your kids as much as you deserve. 

A child custody case is one of the most stressful situations that a parent can experience, and many people are often unsure of where to turn. If you want custodial or visitation rights, then it is imperative that you act quickly and purposefully to ensure that you put forward a strong case for your children.

Our team of child custody lawyers in San Jose, California compiled a list of the top three reasons why people lose child custody cases so that you can be better prepared to give your children their best future.

1. Going to Trial Without Proper Preparation

Often parties seem confused by the amount of documentation and testimony that we compile for a strong custodial case. Mothers in particular wonder, “How can a mother lose custody of her child?”

Unfortunately, parents can become overconfident and believe that a judge will hand over custody without the need to prepare a strong case. It is common for the parent who is an underdog to invest in a top-quality child custody lawyer and walk away with custody and a large sum of child support payments.

In order to avoid this possibility, it is advised to hire a reputable child custody lawyer that is well known in your county and experienced with going to trial. This ensures that the judge will have a comprehensive understanding of why you are better suited for being the primary custodian of your children.

2. Not Being Active in Children’s Lives

Judges understand that being the primary custodian involves more than providing shelter and food — it is helping with homework, taking children to extracurricular activities, knowing their medication schedule, and having a strong relationship with them to name a few.

A small child holds its parent's hand after a child custody lawyer protected the parents rights to custody.

If you were not actively involved in your children’s lives prior to the separation, then it will be significantly more difficult to be granted full custody or become the primary custodian.

However, judges do understand that work obligations are sometimes unavoidable if one parent provides the only source of income. If a parent was unable to be heavily involved in their children’s lives but provides a strong case for their intentions of becoming more involved, then a judge may take the bigger picture into consideration.

3. Having a History of Abuse or Addiction

Judges analyze every detail of a parent’s past behavior and they take certain actions that they deem as potential hazards for children very seriously. 

If a parent has a history of being an aggressor in a domestic violence or sexual abuse case, a history of child abuse or neglect, or a history of substance abuse, then they are going to have to put together a strong case to win custody or even be granted visitation rights.

Additionally, if the parent has a criminal background, such as a DUI conviction, then they will have a much harder time proving that they are fit for custodial rights.

If you are a parent who has turned your life around and wish to have a second chance with your children, it is all the more important to hire a child custody lawyer to fight for your parental rights.Set up a free consultation with our experienced child custody lawyers at Lonich Patton Ehrlich Policastri, located in San Jose.

https://www.lpeplaw.com/wp-content/uploads/2020/07/child-custody.jpg 912 1368 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png Lonich Patton Ehrlich Policastri2020-07-08 18:16:272020-07-08 18:16:293 Common Reasons People Lose Child Custody Cases According To A Child Custody Lawyer
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Don’t Wait Until It’s Too Late – Plan Your Affairs Before Contracting Coronavirus

June 24, 2020/0 Comments/in Uncategorized /by Lonich Patton Ehrlich Policastri

Often, in our busy society, people don’t find time to put their affairs in order. They think “This can wait” or “I don’t have time today.” However, death is unpredictable. Especially in the current pandemic we are living in. Many people are finding themselves ill, with the symptoms coming on rapidly and without warning. In order to stop the spread of the disease, patients who are hospitalized with coronavirus are kept in isolation. This means that a family member or estate planning attorney can’t get through to put together a will or power of attorney. A power of attorney can appoint someone to make medical decisions for you in the case of your incapacitation (something that is very likely if you contract COVID-19). You need to get ahead of this before it becomes a problem. You want to make sure your affairs are in order in the unfortunate chance you catch coronavirus. 

Things to Consider

When finalizing your affairs, there are a few things you should put together before meeting with an attorney. You can, of course, put these together with an estate planning attorney if you need help, but if you can put these together yourself, you can speed up the process. 

  • List Out Your Assets – Make a list of all of your assets. This should include any real estate or properties you own, vehicles such as cars and boats, personal effects like jewelry and valuables, and life insurance policies or 401Ks or other bank accounts. This step may take some time, but make sure you are thorough. 
  • List Beneficiaries – Make a list of everyone you wish to leave something to. You do not have to determine who will receive what at this point in the process. Just having a list of those who you wish to leave something to will help when planning your affairs with your estate planning attorney. 
  • Take Care of Your Children – This is a step for you to dictate who will be the guardian of your children if you have them, and how you wish for them to be raised. While a judge does not have to follow these wishes, it is more likely if you have a firm plan set in place. Coronavirus doesn’t discriminate based on age. Many young parents are contracting the illness. Make sure you have the best interest of your kids in mind when creating a will or trust. 
  • Dictate Your POAs and Directives – There are many different kinds of power of attorney. Deciding who will make financial decisions, medical decisions or the power to sign documents on your behalf can all be laid out in an estate plan. 

Wills & Trusts

Many people who are planning for the end of their life are unsure about whether or not to create wills or trusts. An experienced attorney can help explain the difference between the two and can help determine which is best for your situation. Commonly, people use them in tandem with some assets being passed through trusts and others in the will. 

An attorney gestures at an estate plan as they help a client who has contracted coronavirus

Trusts are a popular way of avoiding probate. You can also dictate when the assets or funds in the trust can become available to the beneficiaries. There is even such a thing as a revocable living trust which allows you to revoke the trust while you’re alive. Wills do not have the exemption to probate but are often more practical for certain situations.

Take the first steps and start planning your affairs while you’re in good health. It’s better to be safe than sorry as we live through this deadly and unpredictable coronavirus. If you’re in the Bay Area, set up a free 30-minute virtual consultation with one of our estate planning attorneys. We’re experienced, and strive to make the difficult process of estate planning easier for our clients. You can set up your free virtual consultation here. 

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The outside of a courthouse during COVID-19
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How COVID-19 is Affecting Family Law

June 10, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

We’re living in a very uncertain time right now. Everything is unprecedented and everyone is handling COVID-19 differently. There are a few common practices being taken by local and state governments that we can lean on for stability. What does the Shelter-In-Place order mean for you and your family, and family law?

What Is A Shelter In Place Order?

Shelter in place orders are employed during or after a crisis to protect the population. These are usually issued locally which is why you are seeing orders with differing stipulations coming out of different states and counties. A shelter in place order requires residents to stay at home with the exception of essential travel and business.

Are Courts And Family Law Firms Considered Essential?

Many people who were facing legal trouble before the pandemic are now wondering how this will affect their cases. Courts and law firms are considered essential businesses, however, they are operating on a restricted basis. Only people who have hearings before the court will be allowed in the courthouses. Each county in the Bay Area has different regulations they are operating under. For Santa Clara, certain courts will remain open during the COVID-19 crisis, one being the Family Law Justice Center Courthouse. They are handling a restricted type of cases at this time. Some of those being:

  • Various restraining orders – Emergency protective orders, gun violence orders, domestic violence temporary orders
  • Child custody and visitation matters – ex parte requests, modifications due to child safety concerns, modifications due to parents withholding visitation
  • Guardianship with child safety concerns

You can learn more about the matters family law courts are handling here.

Temporary Emergency Rules

During coronavirus, the courts have enacted new emergency rules and revised existing ones to best serve the community. Emergency rule #8 was revised. It discusses the matter of extending protective and restraining orders. There is no longer an automatic extension of duration of orders during the pandemic. Now, the courts must provide persons a way to request renewals and extensions only. 

Emergency rule #13 deals with support requests and orders. This rule was created to ease the burden of requesting changes to child support, spousal or partner support, and family support orders during coronavirus. It is more challenging to file requests at this time, and the courts are having a hard time processing them. To deal with this, the courts are allowing service of unfiled requests.

For a list of all temporary emergency rules, go here. 

Government Aid and Back Child Support

The government is offering aid to the public in the form of a $1200 stimulus check. This is to offset the damage to the economy and the loss of jobs across the country. Family law matters are affecting the release of these funds. If a parent owes outstanding child support payments, they will see their funds reduced or will not be issued a stimulus check. 

To learn more about how family law in the Bay Area is affected by COVID-19, check out these resources here.  You can also set up a free virtual consultation with one of our family law attorneys to help you with any questions or cases you may have. You can set up a consultation here.

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Child Custody, How SCCSC Judge Dealt with COVID-19 Rule

April 22, 2020/0 Comments/in Family Law, News /by Lonich Patton Ehrlich Policastri
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A couple fights over legal separation and divorce
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The Difference Between Legal Separation And Divorce

April 10, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

The idea that you and your spouse may no longer share your lives together can be devastating and it is common for people to get lost in the emotional toll and legal confusion. When the time is right, however, it is wise to educate yourself on your available options for your next steps with your spouse.

Though the terms legal separation and divorce are often used interchangeably in California, they have distinguishing features. Before pursuing one option, it may be beneficial to understand the difference between legal separation and divorce.

Legal Separation vs. Divorce

Both legal separation and divorce refer to a legal process that arranges the division of property, child custody, visitation rights, and a schedule of alimony payments (when applicable).

A divorce is a firm legal division that legally ends the marriage. People who choose divorce over legal separation are often either hoping to become remarried in the future, hoping to dissolve nearly all financial and legal obligations between the spouses, or see no legal benefit of maintaining their marriage

A wedding band sits on fabric after a couple fought over legal separation and divorce.

Though divorce is more common, there are benefits of maintaining a legal separation.  With a separation, the spouses’ property and financial assets are still divided, however, the spouses often live separately. The key difference is that spouses who legally separate are still considered legally married and can benefit financially if they so desire. 

People who seek legal separation often do so because:

  • The spouses are having significant difficulties but want the option to work on their marriage in the future
  • The spouses have not fulfilled the six-month time period that spouses must meet in the state of California before filing for divorce
  • The spouses do not believe in divorce due to religious or spiritual reasons
  • One spouse receives health or social security benefits that they wish to continue to share with the other
  • The spouses want to maintain the tax savings of a married couple
  • The spouses feel that a separation is less devastating and easier to handle than a divorce

Please keep in mind that certain benefits are not valid after legal separation and it often requires the scrutiny of an experienced lawyer to assess whether the benefits may be shared in a separation.

Often people who undergo a legal separation falsely believe that it is unnecessary to invest in an experienced family law attorney. This mistake can have a devastating financial effect on one spouse if the other spouse hires an aggressive and experienced family law attorney.

The Bottom Line

Though legal separation may appear to be a less complicated process than a divorce, the three most contested issues in a divorce — the separation of assets, child custody and visitation rights, and the schedule of alimony payments — are still all present with legal separation.

Before pursuing a divorce or legal separation, it is advised to speak with an experienced separation and divorce attorney in your area. Lonich Patton Ehrlich Policastri offers free 30-minute consultations for people wishing to educate themselves in family law practice or who have questions regarding their unique situation.

No matter which option you choose, it is important for you to invest in a qualified and reputable family law attorney in San Jose County. LPEP is one of the largest family law firms in the Bay Area, with more than 100 years of combined experience. Set up a free virtual consultation here.

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A woman is distressed and seeks help from harassment lawyers in San Jose
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Consulting Harassment Lawyers – How to Seek Out Help

March 25, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

Harassment is a form of abuse that no person should have to endure. It can affect your mood, work performance, sleep schedule and overall well-being which may lead to more issues down the road. This is why it’s best to take the steps of dealing with harassment seriously by hiring a harassment lawyer.  Lonich Patton Ehrlich Policastri can better inform you of what harassment is, how their harassment lawyers can help, and what you can do to protect yourself from harassment and domestic violence in the Bay Area. 

What Qualifies as Harassment? 

Unfortunately, harassment in cases of domestic violence comes in many different forms and is not uncommon. Overall, this type of harassment includes verbal (in person or multimedia communication) or physical actions that create an offensive, hostile, and/or uncomfortable environment for the victim. Sexual harassment includes unwelcome verbal comments or physical actions that are of a sexual nature. 

Typically, to be treated as harassment, the action(s) must happen more than once. There are exceptions to this in cases of extreme acts of harassment, aggression, abuse, etc.

A woman seeks help from harassment lawyers after a man disrespects her boundaries.

Lonich Patton Ehrlich Policastri deals specifically with harassment in regards to domestic violence cases. If you are being harassed and abused by someone close to you, help is available. 

35.6% of women and 28.5% of men in the United States have experienced abuse or harassment in some form by an intimate partner in their lifetime. That’s over 1 in 3 women and more than 1 in 4 men (National Domestic Violence Hotline).




If you’re suffering from domestic abuse and harassment, or if you feel unsafe, there are steps you can take. 

Safety Precautions 

Meeting with a harassment lawyer is a good idea if you are unsure of what actions to take. Until then, be sure to keep documentation of any occurrences related to the harassment and any information that could be of use later on. 

If possible, reach out to someone you can trust. Attempt to find witnesses who will support you and back you up. 

Keep records of every important detail regarding your situation in case you need it later. Reach out for assistance if at all necessary, to ensure you are doing the best for yourself.

You may want to consider getting a restraining order for your personal safety and the safety of your children if you have them.

What Harassment Lawyers Can Do for You 

Seeking out a lawyer before reporting your harassment may be best for you if there are chances of retaliation from your harasser, or if you are unsure of how to properly report the harassment or domestic violence. There is nothing wrong with contacting a harassment lawyer just to be safe. Domestic violence is a delicate matter that requires knowledgeable and responsible guidance. 

A woman consults a team of harassment lawyers about her DVRO case.

Harassment lawyers can help you decide and go through the necessary steps of reporting harassment or abuse following your area’s laws. Helping with descriptive statements and documentation can come as a great help in case nerves or fear set in while attempting to recall events later on. 

A lawyer can also help you set up a restraining order with the local authorities. They can work with you to gather evidence proving your claims, and can help develop the stipulations under which you want the restraining order to function and protect you. 

In addition to this, harassment lawyers will monitor the behavior regarding your harasser and their responses to the report. A lawyer can aid in ensuring your safety, as well as the accuracy of all legal statements along the way to bring you the best outcome possible. 

Luckily, harassment and domestic violence is taken seriously in the Bay Area and surrounding cities, and LPEP is well equipped to dealing with these situations.

The lawyers at Lonich Patton Ehrlich Policastri are here to help those in the Bay Area get the assistance and safety they deserve. Reach out today if you need direction or legal assistance in regards to workplace harassment. We are discreet. 

https://www.lpeplaw.com/wp-content/uploads/2020/03/SexualHarassmentVictim.jpg 600 900 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png Lonich Patton Ehrlich Policastri2020-03-25 19:33:412020-04-23 16:47:52Consulting Harassment Lawyers – How to Seek Out Help
Two rings sit on a table after a couple went through rigorous divorce planning
Lonich Patton Ehrlich Policastri

Divorce Planning – What You Need To Know

March 13, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

Are you and your spouse considering divorce? It’s a tricky subject and often, a point of contention. Taking the necessary steps to ensure you’re prepared can make all the difference. Hiring a divorce lawyer to help you with divorce planning is recommended for a myriad of reasons; one being that it can prevent a nasty trial in some cases.

Our San Jose divorce lawyers explain what you need to know to prepare for your divorce. 

What Is Divorce Planning?

Divorce planning is done by a spouse with the help of a divorce lawyer. In the time leading up to actually requesting a divorce from your spouse, you will work with an attorney to plan out where you are currently and where you want to be after your divorce. 

Divorce planning covers all areas of your life from your living situation to child custody. The end goal is to make your divorce as smooth as possible and to result in a favorable outcome for you. 

A spouse hands their ring to another after finding out they've been doing divorce planning.

What Areas Should You And Your Divorce Attorney Consider?

  • How to tell your spouse – One of the most rattling parts of divorce is deciding how to broach the subject with your spouse. It can be intimidating and often very emotional. An experienced divorce lawyer can work with you to anticipate how your spouse is likely to react to the news, and how best to approach the subject with them for an efficient, logical conversation.

    You may also need to plan how to tell your children about the divorce. This is something you can plan ahead of time and then collaborate on with your spouse after you’ve informed them of your decision.
  • Where you will live – As a couple, you most likely have acquired property together. At the very least, you are on a lease together. You will need to create a plan with your attorney for where you will live. You can do this by planning out a budget to ensure you can afford new living situations. You will also have to consider where your children will live during the divorce if you have children with your spouse.

  • Spousal Support – If you are the breadwinner or the sole earner of your household, be prepared for the financial responsibility you have towards your spouse. You may be required by court to pay spousal support during the divorce proceedings. If you are the non-earning spouse, don’t expect spousal support. It is not guaranteed. It is best to consider getting a job. A divorce lawyer can help inform you of your options, whether you’re the primary earner or the non-earner in your relationship. 

  • What about the children? – If you have children, there is a lot of planning to be done in this area. For instance, where will they live? Will you and your spouse share custody or do you plan to fight for sole custody? If you’re the primary earner, you will probably have to pay child support. You will need to work with a divorce lawyer to plan for the specifics of this future expense. If you are the non-earner, will you be requesting child support? If you and your spouse live in different districts, where will the children attend school, and how will the custody schedule work around that schedule?

  • Paperwork – An experienced attorney can inform you of all the paperwork and documents you will need to file for divorce. They can also guide you through the filing process such as where to file and what the laws are regarding divorce. 
A person meets with a divorce planning lawyer

Having an experienced divorce lawyer to help you with divorce planning is crucial. They can keep you informed and position you for the best possible outcome for your divorce. Whatever your position in the marriage, Lonich Patton Ehrlich Policastri is prepared to help you. Get strong representation to help you with your plan. Set up a free planning consultation today.

https://www.lpeplaw.com/wp-content/uploads/2020/03/75305671-estefania-solveyra-411731-min.jpg 456 684 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png Lonich Patton Ehrlich Policastri2020-03-13 17:18:432020-03-13 17:18:45Divorce Planning - What You Need To Know
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Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, especially San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

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