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Posts

Selecting A Family Law Attorney In Santa Clara County

August 30, 2019/in Family Law /by Mitchell Ehrlich

There are so many reasons to need a family law attorney. It’s important to choose the right one for your situation. If you’re in Santa Clara County, Lonich Patton Ehrlich Policastri can help. They specialize in family law and have collectively over 100 years of litigation experience. 

Where Should You Start?

When looking for a family law attorney, you should find out if they specialize in your needs. Family Law is a broad area of expertise and most law firms with a focus in family law handle a range of cases such as…

  • Child Custody
  • Grandparents Rights
  • Annulments
  • Divorce Planning And Litigation
  • Domestic Violence
  • Harassment
  • Parental Relocations
  • Prenuptial Agreements

These are just a handful of cases that a family law attorney works on. If you’re unsure if a family lawyer is right for you, contact Lonich Patton Ehrlich Policastri. They offer a free 30 minute consultation where they can answer your questions and determine if hiring a family law attorney is your best course of action. 

A family law attorney in a meeting with a client in Santa Clara County

Are They Board Certified?

Along with specialization, you want to make sure whomever you hire is board certified. This means your attorney has extensive experience and credibility in their career. You can check if they are board certified on your state bar’s association website.

At Lonich Patton Ehrlich Policastri, they pride themselves on being experienced and board certified. This allows them to offer you some of the best legal advice in Santa Clara County. 

Along with checking for board certification,  you should hire someone who is highly reviewed. You can find reviews for lawyers easily by looking on yelp or google, and often law firms have a testimonials page. 

Do They Have A Team?

You want to hire a family law attorney who has a team to work with. A law firm who doesn’t have a team of paralegals or other assistants runs the risk of being stretched too thin.

Family Law Attorney sitting with two paralegals

So, how can you tell if they have paralegals or other assistants? You will often find a page on the website with a list of attorneys who work at the firm. This will include other team members. For instance, LPEP Law has a page titled “Our Attorneys” that introduces the partners and attorneys in the practice.  

The main thing to remember when hiring a family law attorney is to feel like your case is cared about. You want an attorney who will invest in your case and will work hard to get the best possible outcome for you.

Are they being honest about the reality of your case? Are they keeping you up to date with the progression of it? Do they empathize with you and share similar values. All of these are important questions to ask when considering a family lawyer.

Find out if Lonich Patton Ehrlich Policastri is the right choice for your situation. Set up a free consultation. 

https://www.lpeplaw.com/wp-content/uploads/2018/05/hero2-bw.png 750 1800 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2019-08-30 21:46:402021-12-22 20:02:28Selecting A Family Law Attorney In Santa Clara County

DOMESTIC VIOLENCE: PROTECTION THROUGH RESTRAINING ORDERS

June 3, 2016/in Family Law /by Mitchell Ehrlich

That familiar Hollywood story—a short marriage followed by an inevitable divorce—recently took a troubling turn when Amber Heard accused her husband, Johnny Depp, of spousal abuse.  Detailing a series of domestic violence incidents, Heard asked a judge for and received a temporary domestic violence restraining order.  While the criminal and civil implications of the Depp-Heard marriage have yet to be fully decided, domestic violence is a dangerous crisis that one in four women and one in seven men will experience in their lifetime.*

First, it is important to recognize what qualifies, legally, as domestic violence:  abuse or threats of abuse when the abused and the abuser are or have been in an intimate relationship.  Abuse includes intentional or reckless physical violence, threats of harm to third parties, and threatening behaviors such as harassment, stalking, or property destruction.  Additionally, the abuse does not have to be physical—it can be verbal, emotional, or psychological as well.

Next, if a victim needs immediate help, he or she should call 911, a local domestic violence shelter, or the National Domestic Violence Hotline (1-800-799-7233).  However, victims do have legal options, such as a restraining order, at their disposal as well.  A domestic violence restraining order, like the one that Amber Heard received, is a court order that can be obtained by an individual who has been abused (or has been threatened with abuse) by a person with whom he or she has a close relationship.  Once in place, a domestic abuse restraining order can be used to enforce the following actions:  forbid an abuser to contact or go near the person who requested the order, force the abuser to move out of the victim’s home (even a joint home), pay child support, stay away from family pets, pay bills, and release property, to name a few options.

More specifically, there are four types of restraining orders:  1) an emergency protective order (EPO), 2) a temporary restraining order (TRO), 3) a “permanent” restraining order, and 4) a criminal protective order or “stay-away” order.  An EPO can be acquired only by law enforcement and will only last for up to seven days, but judges are available 24 hours a day to grant the order if necessary.  If a longer restraining order is needed, a person can seek a TRO—the type of restraining order that Amber Heard sought and received.  For a TRO, an individual can go to court and explain to a judge why the order is necessary.  If the judge agrees that the requesting person needs protection, a restraining order will be issued, and it will usually last between 20 to 25 days, until the court hearing date.  Third, when an individual goes to a TRO hearing, the judge may issue a “permanent” restraining order instead.  The order is not actually permanent—it only lasts for up to three years—but a person may request a new order when the previous one runs out.  Lastly, sometimes the district attorney will file criminal charges against an abuser.  Commonly, the criminal court will issue a protective order against the defendant (the abuser) while the criminal case is ongoing, and if the defendant is found guilty, for three years after the case is over.

Importantly, law enforcement or legal assistance is not necessary to ask for and receive a restraining order, but an experienced family law attorney can ensure that the process is carried out properly and make it easier to handle.  For more information about how to best protect yourself when faced with a domestic violence crisis, please contact the lawyers at Lonich Patton Ehrlich Policastri.  Again though, if immediate help is needed, please call 911, a local domestic violence shelter, or the National Domestic Violence Hotline (1-800-799-7233).  The circumstances of Amber Heard and Johnny Depp’s divorce are alarming, but at least, they do provide an opportunity to have an open discussion about domestic violence and the tools available to those who need help.

Lastly, please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results.  While this post may detail general legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

Sources:

*http://www.cdc.gov/violenceprevention/pdf/nisvs-fact-sheet-2014.pdf

http://www.courts.ca.gov/selfhelp-domesticviolence.htm

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2016-06-03 14:48:142021-12-22 20:17:07DOMESTIC VIOLENCE: PROTECTION THROUGH RESTRAINING ORDERS

The Upcoming W.N.B.A. Battle: Setting Precedent for Same-Sex Couples with Children

July 1, 2015/in Family Law /by Mitchell Ehrlich

W.N.B.A. players Brittney Griner, last season’s defensive player of the year, and Glory Johnson, two-time All-Star, had a controversial relationship leading up to their marriage on May 8, 2015.  Even more provocative are the actions taken by Ms. Griner a month after the couple was married and a day after Glory Johnson announced her pregnancy.

On April 22, 2015, the couple was arrested following a domestic disturbance at their home. As a result of the fight, Ms. Griner received a bite wound on her finger and scrapes on her wrist, and Ms. Johnson received a cut above her lip and a concussion. Ms. Griner pleaded guilty to misdemeanor disorderly conduct, while Ms. Johnson pleaded not guilty and her case was dismissed.

At a time of increased scrutiny of domestic violence and athletes, the league suspended both players for seven out of their thirty-four game season— the longest in league history. According to Laurel J. Richie, president of the W.N.B.A., “The W.N.B.A. takes all acts of violence extremely seriously. It is our strong belief that violence has absolutely no place in society, in sports or in this league. As president, it is my reasonability to protect the league and uphold its values. Our athletes represent the W.N.B.A., and they all must abide by the league’s standards of conduct. In this case, Brittney and Glory failed to do so, and that is unacceptable.”

Despite these troubles, the couple proceeded to marry. However, only 28 days later, Ms. Griner filed for an annulment.  Ms. Griner made the following statement, “I can confirm that today [June 5th] I filed for an annulment. In the week prior to the wedding, I attempted to postpone the wedding several times until I completed counseling, but I still went through with it. I now realize that was a mistake.” In response, Ms. Johnson’s agent, D.J. Fisher, stated that Ms. Johnson “loves Brittney and made a huge sacrifice to carry a child, put her career on hold, invest in their relationship and their future.”

It is anticipated that the couple will be heading for a battle as they have vastly conflicting opinions of Ms. Johnson’s impending motherhood. Ms. Griner claims that she does not even know when Ms. Johnson became pregnant and she has no biological connection to the baby. Ms. Johnson claims that Ms. Griner was a “willing participant, consenting and signing all the necessary documents” for the in vitro fertilization.

The law has been changing in regards to same-sex couples, most recently with the United States Supreme Court finding that the Constitution guarantees a right to same-sex marriage. Courts have been trying to navigate the waters in terms of the rights and privileges of same-sex couples. In recent years, there have also been developments relating to their child support obligations.

Courts have asserted a number of bases for “an obligation on the part of the parent’s former same-sex partner to provide financial support for the child,” including a finding of an obligation based at least in part on a contract or promise. In Karin T. v. Michael T., the parties had two children by means of artificial insemination. Before this procedure, “the partner executed an agreement stating[:] ‘a. That such child or children so produced are his own legitimate child or children and are the heirs of his body, and b. That he hereby completely waives forever any right which he might have to disclaim such child or children as his own.’” Additionally, the parties had lived together in the same household for six years and both contributed to the support of the family and the children.  The court found under these circumstances and the provisions of the agreement between the parties there was an enforceable contract. The court stressed that “the document that was signed by the partner, by which these children were brought into the world, gave rise to a situation that needed to provide these two children with remedies.” To hold otherwise, the court stated, would allow the partner to escape her responsibilities in supporting the children.

As the law continues to shift in regards to same-sex marriages, the very public Griner-Johnson separation will likely bring attention to child support obligations of same-sex partners. If Ms. Griner “fights paying child support, it could set a precedent in the state for same-sex couples.” As Arizona lawyer Claudia D. Work stated, “This is going to come down to whether the court will hold Ms. Griner to contractual promises.”

If you have any questions about same-sex marriage or any other issue, the Certified Family Law Specialists at Lonich Patton Ehrlich Policastri have decades of experience handling complex family law matters. Please contact the Certified Family Law Specialists at Lonich Patton Ehrlich Policastri for further information.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

Source: Julie A. Nice, Symposium, The Descent of Responsible Procreation: A Genealogy of an Ideology, 45 Loy. L.A. L. Rev. 781, 798 (2012).

Source: Child Support Obligations of Former Same-Sex Partners, 5 A.L.R.6th 303 (Originally published in 2005).

Source: http://www.nytimes.com/2015/05/16/sports/basketball/wnba-suspends-brittney-griner-and-glory-johnson-in-domestic-violence-case.html?_r=0

Source: http://www.huffingtonpost.com/2015/06/05/wnba-brittney-griner-annul-marriage_n_7523708.html

Source: http://www.bostonherald.com/inside_track/celebrity_news/2015/06/wnba_war_the_day_after_glory_johnson_reveals_shes_pregnant

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2015-07-01 08:05:542021-12-22 20:30:31The Upcoming W.N.B.A. Battle: Setting Precedent for Same-Sex Couples with Children

Domestic Violence and The Rebuttable Presumption

June 17, 2015/1 Comment/in Family Law /by Gretchen Boger

Acts of domestic violence so often occur behind closed doors. Domestic violence has now been recognized as a “public policy issue with major implications for the health and safety of women and children.” Many surveys have projected domestic violence as the number one cause of injury to women in the United States. Unfortunately, the nature of the criminal justice system makes domestic violence cases harder to prosecute and history has shown that there has been little communication between the prosecutors, police, victim advocates, and the courts. Because of this lack of communication, “the chances are good that some of these problematic cases will slip between the cracks and that battering will continue, sometimes with tragic result.” For this reason, it is not surprising that many victims feel hopeless and decline to report incidents of domestic violence.

Given the faults of the criminal justice system, many victims find themselves without anywhere to turn. Unfortunately, the domestic violence continues and those with children may also suffer. Victims of domestic violence develop post-traumatic stress disorder, anxiety, traumatization, or suffer from some other psychological/physiological effect resulting from the abuse. These negative effects of abuse can cause the victim to experience a variety of symptoms that have a direct bearing on the capacity of her parenting. For example, victims may experience emotional numbness or withdrawal from their children, leaving the children to feel even more isolated in an already distressing situation.  Children may feel as though the victim parent does not care about them, when this may be far from the truth. Consequently, these negative effects of abuse compromises the victim’s parenting.

The question then becomes, what happens in child custody cases? The standard used by all family court judges, is the “best interest” of the child rule. However, deciding what is in the “best interest” of the child is often difficult depending on the particular set of circumstances. In a domestic violence situation, where the mother’s parenting was compromised due to years of abuse, but the father has shown that he is still a capable parent- who should be awarded custody? What is in the child’s best interest when an abusive father and an emotionally distant mother seek custody? “Taking custody away from an abused mother seems to penalize her for being the victim of domestic violence, and it discourages other mothers from seeking help or reporting domestic violence for fear of losing custody of their children.” Apart from the effect on the victims, awarding custody to the abusers also teaches children harmful lessons.

The California Legislature has recognized the potential problem that domestic violence can create in the family courts. To address this issue, the California Legislature drafted California Family Code § 3044. For traditional child custody cases, the court is to determine what is in the child’s “best interest” by considering several factors, such as the health, safety and welfare of the child, and the amount of contact that the child has with both parents. In domestic violence cases, the court must also consider any history of spousal abuse. Although the court is given discretion in how much weight they accord each factor, the factors are crucial in helping to guide judges on issues that they should consider in assessing a child’s best interest.

In addition to the factors, the California Legislature did specifically state that domestic violence is detrimental to the well-being of a child. This was codified in California Family Code § 3044. According to this section, if domestic violence is found to have occurred within the previous five years of the custody evaluation, then there is a rebuttable presumption that awarding custody to the abuser is detrimental to the “best interest” of that child. The court must also consider seven factors in determining whether the presumption has been overcome. These factors include, but are not limited to, whether the abuser is restrained by a protective order and has complied with its terms and conditions, whether the abuser has completed a program of alcohol or drug abuse counseling, and whether the abuser has committed any additional acts of domestic violence since the start of the custody case.

Additionally, under this section, a person is found to have perpetrated domestic violence when he or she either “intentionally or recklessly caused or attempted to cause bodily injury, or sexual assault, or to have placed a person in reasonable apprehension of imminent serious bodily injury to that person or to another. . .  .” It also includes behavior including, but not limited to, “threatening, striking, harassing, destroying personal property or disturbing the peace of another, for which a court may issue an ex parte order pursuant to § 6320 to protect the other party seeking custody of the child or to protect the child and the child’s siblings.”

With the rebuttable presumption, the hope is that victims will triumph in seeking custody of their children as they seek to regain control of their lives.

If you have any questions about this rebuttable presumption or any other issue, the Certified Family Law Specialists at Lonich Patton Ehrlich Policastri have decades of experience handling complex family law matters. Please contact the Certified Family Law Specialists at Lonich Patton Ehrlich Policastri for further information.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.



Source:    MICHELE C. BLACK ET AL., THE NATIONAL INTIMATE PARTNER AND SEXUAL VIOLENCE SURVEY: 2010 SUMMARY REPORT 54 (2011), http://www.cdc.gov/violenceprevention/pdf/nisvs_report2010-a.pdf.

Source:    Patrick F. Fagan, Anna Dorminey, & Emily Hering, The Effects of Family Structure on Child Abuse, in CHILD ABUSE, FAMILY RIGHTS, AND THE CHILD PROTECTIVE SYSTEM: A CRITICAL ANALYSIS FROM LAW, ETHICS, AND CATHOLIC SOCIAL TEACHING 155, 171 (Stephen M. Krason ed., 2013).

Source:     Alytia A. Levendosky & Sandra A. Graham-Bermann, Behavioral Observations of Parenting in Battered Women, 14 J. FAM. PSYCHOL. 80, 81 (2000).

Source:     Cal. Fam. Code § 3020 (West 2000).

Source:     Megan Shipley, Note, Reviled Mothers: Custody Modification Cases Involving Domestic Violence, 86 Ind. L. J. 1587, 1589 (2011).

Source:     Symposium, Domestic Violence, Child Custody, and Child Protection: Understanding Judicial Resistance and Imagining the Solutions, 11 Am. U. J. Gender Soc. Pol’y & L. 657 (2003).

Source:     Cal. Fam. Code § 3011 (West 2013).

Source:     Cal. Fam. Code § 3044 (West)

 Source:     Amy B. Levin, Comment, Child Witnesses of Domestic Violence: How Should Judges Apply the Best Interest of the Child Standard in Custody and Visitation Cases Involving Domestic Violence?, 47 UCLA L. Rev. 813, 826 (2000).

 

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Gretchen Boger https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gretchen Boger2015-06-17 09:49:322021-12-22 20:32:30Domestic Violence and The Rebuttable Presumption

Who gets the family pet in a divorce?

October 27, 2014/in Estate Planning, Family Law /by David Patton

If I had to ask you to put a price on your dog, cat or your pet hermit crab, could you? For some, perhaps they could but the vast majority would likely agree that their pets are priceless. However, disputes regarding who gets the family pet in divorce proceedings has become commonplace in family law.

Earlier this year, Melanie Griffith and Antonio Banderas made a statement that they were ending their two-decade marriage but vowed to remain friends and to move forward lovingly. However, shortly after, reports surfaced that a custody battle was flaring up – not over their 17 year old daughter, but over the couple’s three dogs.

Although these days some people treat their pets better than their own children, in the eyes of the law pets are still only considered the property of their owners, much like their furniture is[1]. Legal experts agree that pet owners invest hundreds sometimes thousands of dollars and hours researching proper training, good food choices, and the perfect toys, groomers and veterinarians for their pets. Those same individuals might also take precautions with their estate by writing a prenuptial agreement. But how often do those pet owners think about legal issues associated with pet ownership?

Family law attorneys agree that the best way to handle a situation with a pet is to put it in a prenup. If you came into your relationship with Maxwell, put it in writing that if you are to leave the relationship Maxwell is coming with you. If you and your significant other purchased a pet together during the relationship, but you both agree that one of you should have the pet in the event of a breakup, a post-nuptial agreement would make sure that in the event of a divorce or separation the pet would go with the spouse more bonded with the animal.

Without something in writing, trouble could land you arguing in court. Last year a New York judge granted a divorcing couple the right to engage in oral arguments over pet custody for the first time in the state’s judicial history. The landmark legal showdown was ultimately averted. The couple settled out of court.

In the event of a heated breakup, pets can be protected.  If a party feels that he/she and the pet is in danger at the hands of the other party, California law provides for the family pet to be included on a protective order. Since 2008, courts have had the ability to make an order that the restrained person stay away from the pet. Family Code Section 6320 provides that upon a showing of good cause, the court may include in a protective order a grant of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by the spouse or minor child resident in the residence.

Family Code section 6320 makes strides toward addressing the established connection between animal abuse and family violence commonly referred to as the “Link.”[2] One of the first studies that described this Link found that of a survey of women with pets who had entered a shelter in northern Utah, seventy-one percent reported that their partner had threatened or actually hurt or killed one or more of their pets.[3]Another study of fifty of the largest shelters in the United States found that eighty-five percent of battered women and sixty-three percent of children with pets had experienced incidents of pet abuse.[4] An alarming consequence of these studies is that victims may feel that they cannot leave their abuser because they worry for the safety of their pets.

The Certified Family Law Specialists at Lonich Patton Ehrlich Policastri have decades of experience handling complex family law matters.  If you are interested in learning more about prenuptial or post-nuptial agreements, please contact the Certified Family Law Specialists at Lonich Patton Ehrlich Policastri for further information.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.


[1] Kimes v. Grosser (2011) 195 Cal.App.4th 1556

[2] Am. Humane Ass’n, Learn About the Link, http://www.americanhumane.org/site/PageServer?pagename=lk_about (last visited Aug. 4, 2007); see also Senate Judiciary Committee, Committee Analysis of SB 353, at 2-5 (Mar. 27, 2007) (explaining the connection between animal abuse and family violence). There are also several studies that report that children who witness abuse, or are abused themselves, tend to, in turn, abuse animals. See Phil Arkow & Tracy Coppola, Expanding Protective Orders to Include Companion Animals 5 (2007), http://www.americanhumane.org/site/DocServer/PetsinPO2007.pdf? docID=5061 (describing the harmful effects upon children of witnessing domestic violence).

[3] Frank R. Ascione, Battered Women’s Reports of Their Partners’ and Their Children’s Cruelty to Animals, 1 J. Emotional Abuse 119, 125 (1998).

[4] Frank R. Ascione et al., The Abuse of Animals and Domestic Violence: A National Survey of Shelters for Women Who are Battered, 5 Soc’y & Animals 205, 211-12 tbl.1 (1997), available at http:// www.syeta.org/sa/sa5.3/Ascione.html.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 David Patton https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png David Patton2014-10-27 15:17:342021-12-22 20:37:03Who gets the family pet in a divorce?

Domestic Violence: “Abuse” Encompasses More than Just Physical Blows

July 12, 2013/in Family Law /by Gina Policastri

Domestic violence scholars have questioned the appropriateness of the ever-present inquiry, “why did she stay?” Professor and author Martha Mahoney describe the importance of understanding the complexity of women’s experience and struggle and “recast[ing] the entire discussion of separation in terms of the batter’s violent attempts at control.”*

“Every legal case that discusses the question ‘why didn’t she leave?’ implies that the woman could have left.”*  The threat of violence and the aggressor’s continued control preventing women from leaving, financial dependence, and emotional ties are some of the reasons she cites.*

Mahoney writes that battered women often struggle with denial (a defense mechanism which allows us to unconsciously “disavow…[the] external reality….which [is] consciously intolerable.”).** Victims of domestic violence also “tend to minimize the history of assault against them and the pain they have suffered.”**

Often this denial is a result of the belief that the abuse suffered is not “bad enough” to qualify as domestic violence.  Many Californians believe that they have to be hit or display bruising in order to be considered a victim of domestic violence. This notion, however, is very far from the truth.  The definition of “abuse” included in California’s Domestic Violence Prevention Act (“DVPA”) is intentionally broad.  There are many ways in which we can suffer abuse, including psychological abuse, stalking, financial abuse, and in some instances, even cyber-bullying. Take a look at the California Family Code statute that outlines what our state considers impermissible “abuse”:

“For purposes of this act, ‘abuse’ means any of the following:

a)      Intentionally or recklessly to cause or attempt to cause bodily injury;

b)      Sexual assault;

c)       To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another; or

d)      To engage in any behavior that has been or could be enjoined pursuant to Section 6320.”

Cal. Fam. Code § 6203.

The first two sections of Section 6203 (above) are easily recognized as traditional forms of domestic violence –  when a person suffers physical injury or sexual assault at the hands of their partner it is clear instance of DV. The last two prongs, (b) and (c), however, leave room for interpretation. Section (c) refers to what a reasonable, average person would find threatening to such an extent that they fear that they or someone else will be seriously harmed by the alleged perpetrator, and imminently.

Section (d), however, expands the concept of abuse to include more than violent abuse alone.  Section 6320(a) of the family code includes a long list of behaviors that can be halted by restraining order:

“The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, making annoying telephone calls…., destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.” Cal. Fam. Code § 6320(a).

As can be seen, the DVPA’s definition of abuse is intentionally broad, and a restraining order may be appropriate protection from a myriad of different kinds of abuse. One notable catch-all provision in Section 6320(a) is “disturbing the peace,” meaning that a restraining order may be granted against someone who is disturbing your peace. What does it mean exactly?  “[T]he plain meaning of the phrase “disturbing the peace of the other party” in section 6320 may be properly understood as conduct that destroys the mental or emotional calm of the other party.” In re Marriage of Nadkarni (2009) 173 Cal.App.4th 1483, 1497.

In Nadkarni, the husband broke into the wife’s email account, learned and tracked her constant whereabouts, and distributed personal and business information about the wife and her business interests.  This conduct, the wife alleged, caused her “to suffer ‘shock’ and embarrassment,’ to fear the destruction of her ‘business relationships,’ and to fear for her safety.” Nadkarni, at 1499.  It is important to note that the court found that because of the past physical abuse against her by the husband, the wife’s fears regarding the husband’s potential for further abusive conduct in the future were reasonable.

If your partner is harassing you or treating you in a way that “destroys your mental or emotional calm,” you may be a victim of domestic violence and you can seek relief from the court.  The Court has discretion to issue a restraining order pursuant to the DVPA if the court is satisfied by “reasonable proof of a past act or acts of abuse.”  See Nakamura v. Parker, 156 Cal. App. 4th 327, 334 (2007); Cal. Fam. Code § 6300.

This is huge for California residents because, “[a]buse takes many forms. It’s more than just the obvious slap in the face, punch, or push. It’s about power and control, any way possible.”*** Californians are no longer forced to suffer in silence but instead get a helping hand from the courts on their journey to a better home life. The purpose of DVPA is to prevent the reoccurrence of acts of violence and to separate the parties so the causes of violence can be resolved.  Cal. Fam. Code § 6220.  In addition, under the DVPA, after notice and a hearing the Court may issue an order for the payment of attorney’s fees and costs to the prevailing party.  Cal. Fam. Code § 6344.

If you believe that you may be suffering from domestic violence, or are contemplating a divorce, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization) at Lonich Patton Ehrlich Policastri. Our attorneys have decades of experience handling complex Family Law matters and here to meet with you and offer you a free consultation. Life is too short to live with an abusive partner.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

 

 

*Martha R. Mahoney, Legal Images of Battered Women: Redefining the Issue of Separation, 90 Mich. L. Rev. 1 (1991).

**Julie Blackman, Potential Uses for Expert Testimony: Ideas Toward the Representation of Battered Women Who Kill, 9 WOMEN’S RTS. L. REP. 227, 228-29 (1986).

***Quote by Julie Saffren, Santa Clara University Law Professor and Domestic Violence attorney, from San Jose Mercury News, “Domestic Violence: Bill Targets Cyberbullying,” printed July 1, 2013; quote obtained with permission from Mrs. Saffren.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gina Policastri2013-07-12 11:26:322021-12-22 21:20:50Domestic Violence: “Abuse” Encompasses More than Just Physical Blows

What is a California Emergency Protective Order?

February 24, 2011/in Family Law /by David Patton

Note: People can tell what internet sites you have visited on your computer. Be safe, and use the internet at a local library, friend’s house, or at work!

An emergency protective order (EPO) is a court order that protects victims from domestic violence by prohibiting the victims’ abusers from coming within a certain distance of the victim.  You can obtain an EPO by calling 911 and reporting domestic violence to the police.  You can ask for this order at any time – day or night.  An EPO may also grant the victim temporary custody of his or her children.  However, an EPO and other restraining orders do not guarantee the safety of you and/or your children.  If you continue to fear for your safety after the issuance of an order, the California Bar suggests you consider moving into a domestic violence shelter or the home of a friend or relative who is not known to the abuser.

An EPO remains in effect for five court days or seven calendar days, whichever is shorter.  For a longer-term restraining order, you must apply for a Temporary Restraining Order (TRO) at the local courthouse.  If a TRO is granted, it will take effect as soon as the restrained party is served a copy of the court papers.  The TRO will stay in effect for a period not exceeding three weeks, pending a court hearing.  At the hearing, the judge will decide whether a “permanent” restraining order is warranted, which can stay in effect up to three years.

It is important to note that under California law, a wide variety of activity can constitute grounds for a domestic violence protective order.  California law defines domestic violence as abuse towards an intimate partner or family member.  Domestic violence stems from the abuser’s need to control.  It includes threats, annoying phone calls, stalking, unwanted sexual touching, hitting, the destruction of personal property, and other actions.  Victims may be a spouse, dating partner, someone you lived with, or a relative related by blood or marriage.  It affects same-sex partners as well as heterosexual couples.  Both children and adults can be the victims of domestic violence.

For more information about emergency protective orders and temporary restraining orders, please contact the San Jose family law attorneys at Lonich Patton Ehrlich Policastri.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 David Patton https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png David Patton2011-02-24 09:47:542021-12-22 21:53:28What is a California Emergency Protective Order?

What is Domestic Violence? How You Can Get an Emergency Protective Order

December 30, 2010/in Family Law /by David Patton

Note: People can tell what internet sites you have visited on your computer. Be safe, and use the internet at a local library, friend’s house, or at work!

Domestic violence is not just physical violence.  It includes spoken, written, emotional, and physical abuse.  It includes hair pulling, sexual assault, breaking into the victim’s home, stealing the victim’s property, etc.  A verbal threat of physical violence or a pattern of harassing behavior is also considered domestic violence.  Domestic violence is never acceptable, and it is also known as “abuse.”

In order to constitute domestic violence, the abuser and the victim must have a close relationship (i.e. married, divorced, separated, dating or dating in the past) or be related (i.e. parent, child, etc).  Domestic violence is not only damaging to the victim, but it is destructive to children living in the home as well.

If you are in danger, ask a police officer to request an “emergency protective order.”  You can ask for this order at any time – day or night.  An emergency protective order only lasts for five court days or seven calendar days.  Thus, before the emergency protective order expires it is highly suggested to seek a longer-term restraining order by filing the papers in family court.

If you need emergency shelter, or help with a restraining order, you can contact any of these local Santa Clara County resources:

  • For North County, call Support Network
    24-hour crisis hotline (800) 572-2782
  • For Central County, call Next Door Solutions to Domestic Violence
    24-hour crisis hotline (408) 279-2962
  • For East San Jose, call Next Door Solutions to Domestic Violence
    24-hour crisis hotline (408) 279-2962
  • For South County, call the Community Solutions Women’s Shelter
    24-hour crisis hotline (408) 683-4118
  • For help county-wide, call the Asian Women’s Home (AACI – Asian Americans for Community Involvement) Domestic Violence Program 24-hour crisis hotline (408) 975-2739
  • In Fremont, call SAVE (Shelter Against Violent Environments)
    24 hour crisis hotline 510-794-6055
  • For Santa Cruz, call Women’s Crisis Support 831-477-4244, both English and Spanish.

For more information on how to protect yourself, or to proceed with a divorce, please contact our family law attorneys at Lonich Patton Ehrlich Policastri.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 David Patton https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png David Patton2010-12-30 10:04:202021-12-22 21:58:07What is Domestic Violence? How You Can Get an Emergency Protective Order

There are Several Different Avenues for Pursuing a Child Support Order in California

November 23, 2010/in Family Law /by Mitchell Ehrlich

Child support is a certain amount of money that a court instructs one parent of a child to pay the other parent.  The court’s instruction is detailed in a document called a child support “order.”  The child support money is used to financially support the child.  If you are having difficulties supporting your child after a divorce, or if the other parent is not pulling his/her weight, you may want to contact a family law attorney for advice.

First of all, if you have been the victim of domestic violence by the other parent you may ask for child support when you are seeking a domestic violence restraining order.  If you are married or in a registered domestic partnership and have a child from that union, you can also seek child support as part of a dissolution of that marriage or domestic partnership.  The legal procedures differ slightly depending on whether or not you are married or in a domestic partnership with the other parent of the child.  Regardless, the procedures all lead to the same result, a child support order.  In order to begin this process, you must file a court case.  After you file the case, the court may then decide to grant you the order for child support.  In addition, if you do not want to file for divorce or legal separation, you can file a Petition for Custody and Support of Minor Children and Summons.  This also allows you to seek child support from your spouse.

If you are not married to, or a domestic partner of, the other parent, you may ask for child support in different instances.  First, you may ask for child support if you file a parentage case to determine who the legal parents of the child are.  Second, if you have signed a voluntary Declaration of Paternity, you may choose to file a petition for Custody and Support of Minor Children as well.

If you are confused about what is your best option for successfully obtaining child support from your ex-spouse, you may need professional guidance.  Please contact us for more information.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2010-11-23 11:35:242021-12-22 22:00:14There are Several Different Avenues for Pursuing a Child Support Order in California
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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, and San Benito. For a full listing of areas where we practice, please click here.

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