In recent years, people have come to associate harassment with misconduct in the workplace. However, this unacceptable behavior can take many forms and occur in various settings.

Therefore, it’s important to know when and where harassment can take place and what your options are if you find yourself in such a troubling situation.

The Many Forms of Harassment

Harassment is an unwelcome behavior that intimidates, offends, or creates a hostile environment. It can be deeply damaging to the person experiencing it. Here are some common forms:

Sexual

This is one of the most widely recognized forms of harassment. It involves any unwanted sexual advances or obscene remarks, which can range from inappropriate comments to physical assault. It often occurs in a situation where the harasser is in a position of power over the victim.

Workplace

This type of harassment occurs when an employee is subjected to unwelcome conduct from a colleague. It may include bullying, unfair treatment, or offensive jokes. It can lead to a hostile and toxic work environment and may significantly affect an individual’s job performance and mental health. While workplace harassment can be towards anyone, it is prevalent among women from marginalized races and ethnicities.

Online

With the rise of digital communication, online harassment has become increasingly prevalent. It can include cyberbullying, stalking, doxxing (publicly revealing private information), and trolling.

Racial

Racial harassment targets individuals based on their race or ethnicity. It can involve racial slurs, derogatory comments, or acts of violence. It serves to demean, belittle, or intimidate individuals because of their racial background. Sometimes, global events can increase harassment towards a particular race, such as the proliferation of hate crimes against Asian Americans during the COVID-19 pandemic.

Stalking

This involves unwanted and obsessive attention by an individual toward another person. Stalking behaviors can include following the victim, appearing at their home or place of work, making harassing phone calls, leaving written messages or objects, or vandalizing the victim’s property.

Harassment can be a traumatic and distressing experience, but it’s vital to know there are options available. The first step is acknowledging the situation and understanding that it’s not your fault. 

Keep a detailed record of each incident, including the date, time, location, people involved, and what was said and done. If possible, save emails, texts, social media posts, or any other form of communication as evidence.

If harassment occurs in the workplace, you will need to report it to a supervisor or the human resources department.

In California, harassment can be either a misdemeanor or a felony, depending on its form. Therefore, if the harassment continues or involves physical assault or threats, you need to reach out for legal advice. Our attorneys at Lonich Patton Ehrlich Policastri can review your situation and provide you with the help you need. We have extensive experience in protecting our clients from the many forms harassment can take and guide you through the process of obtaining a protective or restraining order.

Contact us for a free consultation by calling (408) 553-0801. Remember, you have every right to feel safe and respected.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

Changing your legal name can be important to you for a variety of personal reasons. Maybe you’ve gone through a separation, adopted a child, or are simply looking for a fresh start. Completing a name change can be daunting and often leaves people not knowing where to start. However, this article will run you through step-by-step instructions to help simplify the process. There are two different categories when it comes to a name change: Those who seek a name change stemming from a divorce/paternity matter and those who seek a name/gender change for general reasons. Name changes stemming from divorce go through the Family Court, while non-divorce-related name/gender changes occur in the Probate Court. It is important to know the difference between the two

General Name or Gender Change

Each state has its own laws, procedures, and regulations regarding adult name or gender changes, but in California, there are a variety of forms that allow a person to obtain a name change, gender change, or both. Each desired outcome has its own set of forms, which can be found at: https://www.scscourt.org/self_help/probate/namechange/namechange.shtml. To initiate a name or gender
change for a minor the forms can be found at: https://www.scscourt.org/self_help/probate/namechange/namechange.shtml and you will follow the same
process that is detailed below. If any problems arise while filling out these forms, it is best to contact a local attorney who is well-versed in this area of the law.

A. What to do once the forms are completed.

The forms need to be filed with the Probate Division at the Downtown Superior Court. Bring all the original forms, plus one additional copy. The clerk will file them if they are completed correctly. The clerk will then collect a filing fee (fee schedule can be found at local fee schedule ). Once filed, you will
receive a case number. After the forms are filed, take your filed-endorsed copies of the NC-120 to a “newspaper of general circulation” in Santa Clara County for publication. The law requires the paper to publish the NC-120 for four (4) weeks in a row before the party’s hearing. This should be done immediately because the publication process must be complete prior to the hearing.

B. Attend Hearing

When you attend the hearing, the judge will issue a decision. After that decision is made, the judge will sign a decree. If the name change is granted, the judge will sign the decree. If the judge rejects the change, the request will be denied. Ensure that the decree that has been prepared (NC-130) is filled out correctly
before being signed.

C. Obtain a Certified Copy of the Decree

Topic: How to Complete a Name Change
Law Clerk: Aiden Armstrong
First Draft
Once the decree has been signed, a certified copy will be available for pick up at the clerk’s office. A certified copy will be required to obtain government documents with the new name. The client will then be able to take the decree to any government office to obtain new documents.

Unfortunately, extramarital affairs affect many marriages. In fact, according to the American Association for Marriage and Family Therapy, up to 40 percent of people in long-term relationships have experienced adultery. Allegations of an affair can sometimes be the catalyst for seeking a divorce and can heighten tensions when negotiating a divorce agreement. 

Even if your spouse’s infidelity is the driving factor in your divorce, though, you do not have to prove adultery to be granted a divorce in California. As a no-fault divorce state, California allows parties to file for divorce without establishing the fault of a spouse. Instead, many couples cite irreconcilable differences when filing for divorce. 

How An Extramarital Affair May Affect Your Divorce Settlement in California

The California family court system does not usually take extramarital affairs into account during divorce proceedings. However, the judge does have the leeway to determine whether the infidelity impacted some areas of the marriage in any way that needs to be addressed. For instance, certain cases and situations can affect child custody agreements, spousal support, and the division of the marital estate. 

Child custody and visitation rights

When deciding matters related to child custody agreements (i.e., visitation schedules, child support, etc.), the best interests and safety of the child should always come first. Infidelity does not necessarily reflect on parenting abilities, but an extramarital affair could still adversely affect the child. For instance, if the cheating spouse left the child unattended in order to conduct the affair, neglected the child while having an affair, or if the adulterous parent and the new partner create an unsafe or inappropriate environment for a child, the judge would take those issues into consideration when granting custody. 

Spousal support

Although you cannot necessarily get out of paying spousal support, or alimony, if your partner cheated on you, their affair could have financial repercussions in your divorce. A common situation is where the adulterous spouse ends up moving in with their new partner. This new living arrangement might provide them financial security that they wouldn’t have on their own. If you can prove that they can support themselves financially, the judge might reduce or eliminate any alimony payment requirements.

Division of marital estate

When it comes to dividing up the marital estate, California is a community property state. Generally speaking, assets and debts accrued during the marriage are divided equally. However, if your spouse spent money on an extramarital affair, such as paying for hotel rooms or buying expensive gifts, the judge will likely either require the adulterous spouse to pay penalties or reimburse you for those assets during the division of your marital estate.

Get Help by Talking to an Experienced Family Law Attorney

Have you discovered an extramarital affair and are planning to file for divorce? Or has your spouse unfairly accused you of cheating? The well-established family law attorneys at Lonich Patton Ehrlich Policastri have almost two decades of experience helping our clients resolve complicated divorce cases both in court and through mediation. Call us at 408-553-0801 to schedule a free, 30-minute consultation to discuss your situation and your needs. We will fight to protect your rights and help you navigate this stressful season of life.

 

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

The harrowing issue of domestic violence casts a long shadow over countless lives, including those of children who sadly end up caught in the middle of domestic abuse incidents far too often. 

Many victims of domestic abuse become concerned about their parental rights. In this article, we’ll explore the legal factors associated with domestic abuse and parental rights, explaining California’s laws around domestic violence and child custody. 

The definition of domestic violence in California

California’s Domestic Violence Prevention Act (DVPA) forms the bedrock of the state’s legal approach to domestic abuse. According to this act, domestic violence encompasses a wide range of abusive behaviors that occur within intimate relationships, including but not limited to:

• Physical abuse
• Verbal abuse
• Emotional abuse
• Psychological abuse
• Sexual abuse
• Online harassment
• Economic abuse

The DVPA is designed to protect individuals in various types of intimate relationships, including married couples, domestic partners, individuals in dating relationships, cohabitants, and those who share a child in common, regardless of whether they have ever lived together. 

California’s laws around domestic violence and child custody

When domestic abuse occurs within a family, one of the most pressing concerns is the well-being and safety of any children involved. In California, as in many other states, there are specific laws and guidelines in place to address domestic violence within the context of child custody and visitation arrangements. 

The best interests of the child standard

In California, the primary consideration in all child custody and visitation decisions is the best interests of the child. This legal standard guides judges in determining custody arrangements that prioritize the child’s physical and emotional well-being above all else.

Domestic violence’s impact on child custody

The presence of domestic abuse within a family can significantly impact child custody proceedings. California law acknowledges that exposure to domestic abuse can be harmful to children, even if they are not direct victims of the abuse. Consequently, courts take allegations and evidence of domestic violence seriously when making custody determinations.

Rebuttable presumption against custody for abusers

California law includes a rebuttable presumption against awarding custody to a parent who has been found to have committed domestic violence within the past five years against the other parent or the child. 

This means that the court will generally assume that it is not in the child’s best interests to be placed in the custody of an abusive parent, unless the accused abuser can present evidence demonstrating that it would indeed be in the child’s best interests.

Can a victim of domestic violence lose their parental rights in California?

While the presence of domestic abuse can have significant implications for child custody decisions in California, it does not automatically result in the termination of parental rights for the abuser or the victim. 

The court’s primary concern is the child’s best interests, and custody determinations are made on a case-by-case basis, considering all relevant evidence and circumstances. Survivors of domestic violence are encouraged to seek legal counsel to navigate these complex legal proceedings effectively and safeguard the well-being of their children.

Protect your rights with LPEP

It is crucial for any victim of domestic abuse involved in a child custody dispute to have legal representation. At Lonich Polich Ehrlich Policastri, our attorneys are highly experienced in both domestic violence and California family law. We can help you advocate for your rights and protect your children’s safety.

Contact us here for a free consultation, or call 408-553-0801 to get started.

 

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

Marriage is a sacred union binding two people together, symbolizing a commitment to love, support, and share their lives. However, there are times when a marriage may prove untenable or legally invalid, leading individuals to seek an annulment rather than a divorce. 

Obtaining an annulment in California is not a straightforward process, as it requires meeting specific criteria and following a distinct set of guidelines. In this article, we’ll discuss the grounds on which an annulment can be granted in California. 

What is an annulment?

An annulment is a legal process that declares a marriage to be void, essentially treating it as though it never legally existed. It aims to restore the parties involved to their pre-marital status, erasing the legal consequences that arise from marriage. 

An annulment is not a remedy available for every unsuccessful or short-lived marriage. Instead, it is reserved for specific situations where the marriage can be proven to have been fundamentally flawed or legally invalid. 

What’s the difference between divorce and annulment?

In a divorce, the law recognizes the marriage as valid, and the process involves the termination of a legally recognized union. A divorce legally ends a valid marriage and addresses issues such as property division, spousal support, child custody, and visitation rights. It recognizes the existence of a marital relationship and seeks to provide a fair and equitable resolution for the parties involved. 

An annulment, on the other hand, treats the marriage as though it never legally existed. It declares the marriage to be void or voidable, usually due to specific legal defects or circumstances that existed at the time of the marriage. As a result, an annulled marriage carries fewer legal consequences compared to a divorce, and the division of property and financial matters may be treated differently compared to a divorce.

When can you get an annulment in California?

Under California law, there are various grounds upon which an annulment can be granted. 

A void marriage is considered legally invalid from the beginning, and no legal annulment proceeding is necessary. In California, examples of void marriages are incestuous or bigamous marriages.

Voidable marriages are considered legally valid until an annulment is sought and granted. The following grounds may render a marriage voidable in California: 

• Age: If both parties were under the age of 18 at the time of marriage without parental consent
• Prior existing marriage: If one party was already married at the time of the marriage 
• Lack of consent: Due to fraud, force, or physical/mental incapacity 
• Unsound mind: If one party lacked the mental capacity to understand the nature of the marriage 
• Fraud or misrepresentation: If one party deceived the other regarding a crucial aspect of the marriage
• Force: If a marriage occurred under duress or coercion, it may be deemed voidable

How to file for annulment 

The first step toward marriage annulment is to ensure you make the deadline for annulment based on the statute of limitations. At Lonich Polich Ehrlich Policastri, we have dedicated experts who can help you navigate the complexities of filing for annulment in California. 

To learn more about the process, or discuss your unique circumstances, call us at 408-553-0801 for a free consultation, or contact us here. 

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.