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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 File for a Restraining Order
/in Family Law /by Gretchen BogerIf you are facing harassment or abuse from someone, a restraining order is one way to protect yourself from further harm. This orders an individual not to contact or come near another person and can be granted when the court believes there has been some type of harm or fear of future harm involved.
Obtaining a restraining order can provide peace of mind by keeping unwanted people at bay.
What Qualifies for a Restraining Order?
A restraining order protects someone from being physically or sexually abused, threatened, stalked, harassed, or interfered with. California has four types: domestic violence, civil harassment, elder abuse, and workplace violence.
Domestic violence restraining orders are issued to keep people safe from physical harm or threats of physical harm from a family member or intimate partner. All forms of domestic violence and emotional abuse qualify.
Civil harassment restraining orders are issued to protect people from stalking, threats of violence, serious harassment, or destruction of property by someone with whom they do not have a close relationship.
Elder abuse restraining orders are issued to keep the elderly and dependent adults safe from physical abuse, neglect, and financial exploitation.
Workplace violence restraining orders are issued to protect employees from the violent behavior of another employee or a non-employee while they are working.
Do You Have to Appear in Court?
When you file for a restraining order, the judge might grant immediate temporary protection until you go to court. You most likely will need to appear in court to provide evidence to support your request. You can also bring other witnesses that can testify on your behalf.
How Long Does a Restraining Order Last?
The duration of a restraining order in California depends on the type of request and the specific circumstances of each case.
Domestic violence, civil harassment, and elder abuse requests can last up to five years. Still, they can be renewed after that time if necessary, but the request has to be made before the current one expires. They can also be issued on a temporary basis, which lasts until the hearing for a longer-term restraining order takes place.
Workplace violence restraining orders can last up to three years, with the possibility of renewal if needed.
Can a Request Be Dropped?
You can request that a restraining order be dropped. Either the victim or defendant can file a request with the court. After the filing, both parties may be required to attend a hearing where they can present evidence and arguments as to why the request should be terminated. The judge will then determine if the change is justified.
Taking the First Step
Filing a restraining order is often difficult but necessary for physical and emotional well-being. Our attorneys at Lonich Polich Ehrlich Policastri work with families throughout San Jose and the greater Bay Area, so we understand what you may be going through. If you want to speak with someone about your situation, you can contact us for a free 30-minute consultation. Call us at 408-553-0801 to learn more.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
5 FAQs About the Divorce Process
/in Family Law /by Gina PolicastriDivorce is a difficult and complex process, but it doesn’t have to be intimidating. From filing paperwork to understanding legal terminology, there are many steps involved in the divorce process that you should become familiar with to understand your rights and make informed decisions about your future.
In this blog post, we will answer some of the most commonly asked questions regarding the divorce process- from how long it takes until everything is finalized to what costs might be associated along the way- so that you have a clear understanding before starting this journey.
1. How Long Does a Divorce Take?
The time it takes to get divorced depends on the complexity of the case and how long it takes for both parties to reach an agreement.
If both parties can reach an agreement without going to court, the process may be completed more quickly than if there are disagreements that need to be resolved by a judge. In some cases, couples may complete their divorce within a few months if they can agree on all issues without going through litigation.
2. How Much Does a Divorce Cost?
The cost of a divorce varies depending on several factors, such as possible complications and whether there are disputes over property or child custody.
In most cases, couples who file for divorce in California must pay a filing fee of between $435-$450 to the Superior Court in their county. Other legal costs may be incurred along with the filing fee, such as attorney’s fees, court reporter fees, service fees, and more.
If disputes need to be resolved, such as disagreements over child custody or division of assets, then additional costs can quickly add up. Couples may also have to pay for mediation sessions and counseling sessions.
3. Can Divorce Proceedings be Stopped?
Yes. If one party filed for divorce and the other party never responded, the process can be stopped without the other spouse needing to sign anything.
However, if they did file a response to the divorce petition, they must sign paperwork stating that they agree with the dismissal.
It’s important to note that after the case is dismissed, the process starts from the beginning if either party initiates files for divorce again.
4. When Is The Divorce Final?
In California, you must wait at least six months after filing for divorce before it is finalized. This waiting period is known as the “cooling off” period and gives both parties time to agree on issues such as child custody, division of assets, and alimony payments. During this time, couples may also choose to attend mediation or counseling sessions to resolve any disputes.
5. How Do I Start the Divorce Process?
To start the divorce process in California, you must first meet the residency requirements. You or your spouse must have been a resident of the state for at least six months prior to filing for divorce. Additionally, you will need to file a petition for dissolution of marriage with the court.
After filing the petition, several steps must be taken. These include serving your spouse with the paperwork, attending any required hearings or mediation sessions, and finalizing all financial matters, such as the division of assets and debts. If children are involved, an additional step is required to address child support payments and custody arrangements.
If you are considering a divorce, it is best to consult an experienced family law attorney who can guide you and ensure all legal requirements are met. Our attorneys at Lonich Patton Ehrlich Policastri represent people throughout San Jose and the greater Bay Area. We understand that this may be a difficult time, so we will be there with you through each step of the process. Contact us for a free 30-minute consultation by calling 408-553-0801.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
How to Set Up a Trust
/in Family Law /by Michael LonichA trust is a legal arrangement that grants a third party the power to manage your assets on behalf of the beneficiary—the person who will receive the assets. The main objective of a trust is to protect and eventually transfer assets from a grantor to an inheritor.
To set up a trust, first decide on what assets you want to distribute. Common assets protected by trusts include real estate properties, bank accounts, and other investment assets. Choose who will be the beneficiary, and determine the conditions of your trust.
When arranging your trust, you can identify more than one beneficiary if you have multiple inheritors. You’ll then need to find a trustee, typically an unbiased third party, to manage the trust. The final step will be to draft your trust document with an attorney.
What are the Benefits of a Trust?
Trusts are a flexible way to preserve your assets and customize how your wealth is distributed. The main advantage of creating a trust is maintaining control of how your assets are distributed. You’ll be able to specify the precise terms of the trust and decide when the assets will be available to the beneficiaries.
By setting up a trust, you can avoid probate—the judicial process in which a court reviews the assets of the deceased and determines inheritors. The trustee will follow the specific terms of the trust and distribute the assets without court involvement. There’s also a possibility of saving money that would’ve been spent on court fees and taxes.
Other benefits of setting up a trust include:
Types of Trusts
There are two main types of trust: revocable and irrevocable. Revocable trusts can be altered at any time during the grantor’s lifetime as long as they are competent. These types of trusts can be modified or even canceled until the grantor’s death, at which point the trust becomes irrevocable.
On the other hand, irrevocable trusts can’t be changed once the papers are signed. If a modification is requested, all of the beneficiaries must be in agreement, and any changes to the terms will need to go through a lengthy court approval process.
Although they are more permanent, irrevocable trusts can help minimize estate taxes. When you transfer the ownership of your assets through an irrevocable trust, you may be able to protect them from estate tax. If the value of your estate is at or above the federal tax exemption requirements and you’re confident about the terms of the trust, then an irrevocable trust could be a beneficial option.
At Lonich Patton Ehrlich Policastri, we have decades of experience with family law and estate planning. Having assisted families in San Jose and the greater Bay Area, we can help you determine which type of trust will work best for your situation. Contact us for a free 30-minute consultation at 408-553-0801, and one of our attorneys will guide you through how to set up a trust.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
How to Start a Legal Separation
/in Family Law /by Mitchell EhrlichMarriage is a legal, long-term partnership between two people who love each other and share their lives. Unfortunately, marriage might not always be the happy ending you imagined. Sometimes spouses realize that they want to live independently of each other, but there are compelling reasons to avoid divorce. A legal separation agreement might be an option in these cases.
What is Legal Separation?
As with divorce, legal separation is legally binding. Spouses live separately and maintain independent personal lives, but remain eligible to receive the financial and insurance benefits of a married couple because the legal ties of marriage remain intact. Both spouses sign a legal separation agreement that sets out the details of important issues like:
When to Choose Legal Separation
If you are considering divorce, when might you pursue legal separation instead? There are several situations or reasons that lead couples to choose legal separation, including:
Starting the Process of Legal Separation
Once you’ve decided on legal separation, what steps should you take?
It’s important to remember that just living separately is not the same as legal separation.
Helping Spouses Establish Legal Separation
Because the legal separation agreement sometimes serves as the basis for a later divorce settlement, it’s vital to develop this document carefully. An experienced lawyer can help you consider the future impact of both your personal and financial decisions.
The family law attorneys at Lonich Patton Ehrlich Policastri have a great deal of experience with clients who choose legal separation whether because of religious, financial, or business considerations. Contact us today at 408-553-0801 for a free, 30-minute consultation to discuss your goals and options. We can walk you through the process and make sure your best interests are protected.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
5 Tips for Navigating Child Custody
/in Family Law /by Virginia LivelySeparation and divorce are difficult, emotionally wrenching situations. When your children are involved, it can become even more stressful. You want the best for your children, and you also want to be as involved in their lives as possible. The following tips can help with navigating child custody issues with your co-parent.
1. Educate yourself about the child custody process and your rights
It’s important to have access to reliable information about child custody and parental rights in California. To help you make sense of this complex issue, the attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) offer a free download entitled, “Child Custody Myths vs. Facts.” Some of the most helpful information includes:
2. Make a good case for yourself
When determining custody issues, a judge will consider specific criteria with regard to the children’s living environment. It’s a good idea to be proactive and present yourself in the best light possible.
3. Stay organized and document as much as possible
Depending on your relationship with your co-parent, you may be required to prove that you are dependable, responsible, and able to care for your children well. Keeping detailed notes about the visitation schedule you have established, your children’s calendar (e.g., doctor’s appointments, school events, holidays, etc.) and child support payments will help demonstrate in court that you are a capable and involved parent.
Although the involvement of both parents is usually preferable, if your former spouse is abusive in any way, puts your children at-risk in an unsafe environment, or does not have appropriate living arrangements to host your children, it’s vital to document any of those negative situations and present them in court.
4. Maintain positive communication
Do your best to keep all communication with your ex-partner, especially written communication like emails and texts, as civil as possible. Fighting with your former spouse in public or in front of your children is clearly not in your children’s best interests and can make an already tense situation worse. Even if you feel that they are being unreasonable, it’s important to stay constructive and polite on your end. If your child custody negotiations become contentious, your former spouse will not be able to use your words and actions against you.
5. Hire an experienced family law attorney
Nothing is more important than being in your child’s life. Working out child custody and parental visitation issues can be daunting, especially when emotions are high. The experienced and compassionate family law attorneys at Lonich Patton Ehrlich Policastri understand the importance of family and can walk with you through the stresses of child custody litigation. Having experts on your side can help protect your parental rights and work toward the best possible outcome for your family. Call us today at 408-553-0801 to schedule a free 30-minute consultation.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.