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LONICH PATTON EHRLICH POLICASTRI
1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com
LONICH PATTON EHRLICH POLICASTRI
Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com
1871 The Alameda, Suite 400
San Jose, CA 95126
Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.
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How to Renew a Restraining Order
/in Family Law /by Gina PolicastriFiling a restraining order can provide peace of mind for someone who is being threatened or harassed. However, a court-ordered injunction may not last forever. Renewing a restraining order is vital in staying safe and secure from potential dangers. Therefore, it’s imperative that you know how long an order lasts and how to renew it.
The Different Types of Restraining Orders
In California, there are several types of restraining orders you can apply for, depending on the circumstances:
How Long Does a Restraining Order Last?
Law enforcement can issue an emergency protective order (EPO) lasting up to 7 days when immediate protection is needed.
When a person first petitions the court for a restraining order, they are typically issued a temporary restraining order that stays in effect until their full court hearing.
After the court hearing, a permanent restraining order (PRO) may be granted that can last up to five years.
What Happens When a Restraining Order Expires?
There are no automatic extensions for an expiring restraining order in California. When it expires, the legal protections provided by that order cease to exist. The restrained person is no longer legally barred from contacting the protected individual.
Therefore, you will need to file a request to renew your restraining order before the current order ends.
The first thing you need to do is fill out a Request to Renew a Restraining Order and the Notice of Hearing on Request to Renew a Restraining Order. Once you complete them, you must file them at the courthouse where you had your initial hearing.
The clerk will give you the date for a hearing, and papers will need to be served to the person from whom you are seeking protection. You will need to attend the court hearing, and if the judge grants your request, your protection order will be extended an additional five years.
Contact LPEP Law For Help
Renewing a restraining order is an essential step in protecting your rights and safety. A legal professional can assist you with the legal forms and the court process. Our team at Lonich Polich Ehrlich Policastri has extensive experience helping people in difficult situations. Our caring staff believes that everyone has the right to feel safe. Contact us at 408-553-0801 or complete this form for a free 30-minute consultation. We can provide advice and guidance on renewing your restraining order so you can have the protection you need.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What Happens to Your Mortgage After A Divorce?
/in Family Law /by Mitchell EhrlichWhen a marriage ends in divorce there are a number of financial decisions that must be made. Spousal support, child support, and division of assets and debts are all important considerations that must be hashed out to the satisfaction of both parties.
One of the most pressing questions that many divorcing couples face is “Who gets the house?” Since California is a community property state, in most cases, California law will treat the house as community property and split the debt and value evenly between you and your spouse. Although your shared home likely has sentimental value to you both, the court can only consider its financial value when deciding issues related to property. You and your spouse will be responsible for deciding what to do with your home.
Community vs separate property
Generally speaking, community property encompasses everything you own or owe while married. In cases of divorce in California, the court divides all assets and debts that are deemed community property equally between spouses.
Separate property, on the other hand, includes both assets and debts that one spouse had individually before marriage. Financial gifts, property, or inheritance given to one spouse specifically are also considered separate property, even if the spouse received them during the marriage. Each spouse is entitled to retain the full amount of their separate property in a divorce.
Is a mortgage community or separate property?
Determining whether your mortgage is community or separate property can sometimes be tricky. Your mortgage is community property if you bought a house together after you were married or bought a house with money you earned during your marriage.
If you bought the house with your own money before you were married, the mortgage would be considered separate property. However, any mortgage payments made jointly after marriage would be considered a community interest in the property and would be split evenly.
Can I stop paying the mortgage if I move out?
Although you and your spouse will still be jointly responsible for paying the mortgage, you have several options moving forward. The following are some common scenarios:
Our experienced family law attorneys can help!
Working through the financial implications of divorce can be overwhelming. Determining community versus separate property and debt, assessing the value of your shared home and belongings, deciding on fair spousal and child support, and more is both mentally and emotionally taxing. You don’t have to do it alone.
At Lonich Patton Ehrlich Policastri, we take the time to listen to you and work hard to protect your interests. We can help you understand property division issues and also ensure a fair distribution of your marital estate. Call us today at 408-553-0801 to schedule your free, 30-minute consultation.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What to consider when designating a Beneficiary
/in Estate Planning /by Michael LonichWhen it comes to financial planning, ensuring the smooth transfer of assets and wealth to your loved ones after your passing is crucial. One way to accomplish this is by designating a beneficiary for your various accounts and assets. Although it may seem simple, this task holds significant importance and requires careful thought and consideration.
In this article, we’ll explore the things to keep in mind when designating a beneficiary. We’ll discuss the significance of thoughtful planning, the legal and financial implications, and how to navigate potential complexities that may arise as you designate your beneficiary.
What is a Beneficiary?
A beneficiary is an individual or entity designated to receive the assets or benefits of a particular account, policy, trust, or estate upon the death of the account holder, policyholder, or grantor. The designation of a beneficiary ensures that the assets are transferred according to the wishes of the account holder or grantor.
Beneficiaries can be named for various types of accounts and assets, including retirement accounts, life insurance policies, investment accounts, bank accounts, real estate properties, and trusts. The process of designating a beneficiary involves specifying who will inherit or receive the proceeds or assets associated with these accounts or policies.
Why is it Important to Choose a Beneficiary?
The designation of a beneficiary ensures that your assets and benefits are distributed according to your wishes. Choosing your beneficiary is a very important decision to make, for several reasons:
Selecting a beneficiary is crucial in ensuring that your assets and benefits are distributed according to your wishes.
What to Consider when Designating a Beneficiary
Choosing a beneficiary isn’t a decision that can be made lightly. Here are a few things to keep in mind as you work towards designating your beneficiary:
As you can see, there’s a lot to think about when it comes to choosing your beneficiary. That’s why it’s always best to discuss your personal scenario with legal experts who can guide you in the right direction.
Seek Professional Consultations Before Designating Your Beneficiary
The estate law attorneys at Lonich Patton Ehrlich Policastri have decades of experience in designating beneficiaries for accounts, assets, policies, and trusts. A consultation with an experienced lawyer can give you the peace of mind that your affairs are in order, on your terms.
Call LPEP today on 408-553-0801 or complete this form for a free, 30-minute consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
How Do I Appoint a Guardian For My Child If I Die?
/in Estate Planning /by Michael LonichAs a parent, ensuring the well-being, safety, and future of your child is one of your biggest concerns. Although it can be an uncomfortable subject to think about, it’s very important to plan for unforeseen circumstances and make sure that your children are taken care of in the event of your untimely demise.
Appointing a guardian for your child is a vital aspect of comprehensive estate planning, offering peace of mind and a sense of security. The process of appointing a guardian involves careful consideration and legal procedures. In this article, we’ll take a look at how to appoint a guardian for your child to give yourself the peace of mind that their future is in safe hands.
What is a legal guardian?
A legal guardian is someone who is entrusted with the responsibility of caring for and making decisions on behalf of a minor in the absence of their parents or when the parents are unable to fulfill their parental duties.
A legal guardian assumes all the rights and responsibilities typically held by a parent, including making decisions about the child’s healthcare, education, religious upbringing, and general welfare. They act as a surrogate caregiver, stepping into the parental role to ensure that the child’s best interests are prioritized and protected.
How to choose a legal guardian for your child
Choosing a legal guardian for your child is a weighty decision that requires thoughtful consideration. Here are some key steps to help guide you through the process:
Choosing a legal guardian for your child is a deeply personal decision. Take the time to carefully evaluate potential candidates, seek advice when needed, and communicate your intentions clearly with both the chosen guardian and other relevant family members.
How to appoint a guardian in case of death
The first step in appointing a guardian is to draft a testamentary guardian designation. Work with an attorney to prepare a legally binding document that clearly states your choice of guardian. This document, often referred to as a testamentary guardian designation, will outline your wishes regarding the care and custody of your child in the event of your death.
From the initial consultation to drafting legal documents and providing ongoing assistance, the law attorneys at Lonich Polich Ehrlich Policastri we aim to make the process as smooth and stress-free as possible. We will work closely with you to ensure that your child’s future is secured and that their well-being is prioritized.
Contact LPEP today at 408-553-0801 for a free, 30-minute consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
2023 Northern California Super Lawyers Rising Stars Awards
/in Firm News /by Lonich Patton Ehrlich PolicastriRiley Pennington and Bethany Brass were recently recognized with the 2023 Northern California Super Lawyers Rising Stars Award.
We’re honored to have some of the most recognized family lawyers on our team. Thank you to our partners & peers for your nominations and congratulations to everyone being recognized this year!