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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 COVID-19 is Affecting Family Law
/in Family Law /by Riley PenningtonWe’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:
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.
Child Custody, How SCCSC Judge Dealt with COVID-19 Rule
/in Family Law, News /by Gretchen BogerThe Difference Between Legal Separation And Divorce
/in Family Law /by Virginia LivelyThe 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
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:
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.
Consulting Harassment Lawyers – How to Seek Out Help
/in Family Law /by David PattonHarassment 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.
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.
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.
Divorce Planning – What You Need To Know
/in Family Law /by Gina PolicastriAre 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.
What Areas Should You And Your Divorce Attorney Consider?
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.
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.