Harassment 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.
https://www.lpeplaw.com/wp-content/uploads/2020/03/SexualHarassmentVictim.jpg600900David Pattonhttps://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.pngDavid Patton2020-03-25 19:33:412021-12-22 19:53:52Consulting Harassment Lawyers – How to Seek Out Help
The decision to get divorced can be a difficult one; especially if you are unsure of how you are going to financially support yourself after severing ties from your former spouse. On the other hand, you might be wondering what you may owe your spouse during and after the divorce. These questions of alimony and spousal support can be difficult and complex, so it is important to consult a knowledgeable San Jose spousal support attorney; especially the attorneys at Lonich Patton Ehrlich Policastri.
What is Spousal Support?
Sometimes after a divorce, there is a financial gap or disparity left between the two former spouses with one spouse making substantially more than the other. Spousal support, also sometimes referred to as “alimony,” seeks to correct that by helping the supported spouse maintain the same standard of living established during their marriage.
In its most basic definition, it is payments made from one spouse to the other. In other words, the financially stronger spouse makes payments to the supported spouse that follow the amount of money and time frame ordered by the court during the divorce proceedings.
What Types of Spousal Support Are There?
A party can ask for spousal or partner support to be paid while their case is still ongoing. There are two types of support that are awarded by the court.
The first type of support orders is called a “temporary spousal support order.” The goal with a temporary order is that the supported party will eventually become financially self-sufficient within a reasonable period of time.
The second type of support order that could be awarded is “permanent support” or “long-term support.” A permanent order can also be ordered by a judge once the divorce becomes final.
How is Support Calculated?
For temporary support, judges generally use a formula to calculate the amount.
On the other hand, judges consider a number of different factors to determine a final support order for a permanent spousal support. These factors include: the earning capacity of both parties and standard of living established during the marriage, the length of the marriage, and any evidence of domestic violence. If the court refuses to make an award of spousal support, the reason may be attributed to the dual careers of the couple and each party’s income earning potential.
How Does One Go About Getting Support?
If you or a loved-one are going through a divorce and would like more guidance through the process, including petitioning for support and alimony, please contact a San Jose spousal support attorney at Lonich Patton Ehrlich Policastri. Our firm offers free 30-minute consultations to new clients.
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/2019/09/counting-3125587_1920.jpg10791920David Pattonhttps://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.pngDavid Patton2019-09-20 01:21:552021-12-22 19:56:21Spousal Support Attorney, San Jose, CA
Divorce is very nuanced. There are many things to consider which can make an already difficult situation more challenging. Lonich Patton Ehlich Policastri has put together a comprehensive guide of the most commonly asked questions. Get an answer to your divorce question now.
1.What Is The Difference Between Divorce Mediation And Divorce Collaboration?
Mediation is when a neutral third party is hired to facilitate resolution of issues between two people during a divorce. The mediator helps with paperwork, mutual communication between all parties, and securing 60%-70% of goals or desires are met for each party.
Collaboration is a binding contract between both parties and their attorneys stating neither will go to court. If this contract is breached, the parties will have to fire their attorneys and start the process over. Attorneys can help clients identify what’s important to them and how to work through issues. It is common to have non lawyer professionals involved in collaborative divorce. Mental health professionals, divorce coaches and financial specials can add clarity to emotions and difficulties that arise during the resolution of a marriage.
2. How Much Does It Cost To Get Divorced?
This is probably the most common divorce question. The answer is different for everyone. It depends on what issues you have. Do you have children? If so, you will need to deal with the issue of custody. How will your property be divided? Do you own a business together? What if one of you needs spousal support? Is there a post nuptial or a prenuptial agreement? All of these factors impact the cost of your divorce. The best way to find out what cost you’re looking at is to call an attorney. If you live in San Jose, Lonich Patton Ehrlich Policastri offers a free 30 minute consultation that can answer tough questions like this.
3. How Long Will A Divorce Take?
The answer for this divorce question is similar to the question above. It depends on your unique situation. The attorney you work with will need to know of any estate plans, businesses or property you and your spouse own. They will also need to consider any children and custody agreements involved. It depends on how much you and your spouse agree upon. If you go through mediation or collaboration, it could take less time than going through litigation.
4. How Is Property Divided In A Divorce?
In California, this comes down to two rules: Community property and Separate property. Separate property is anything you acquired before your marriage and that hasn’t been commingled or shared between the two parties during the marriage. If you owned a house before your marriage and have kept it separate from community property, that is added to your separate income when division begins.
Community property is anything acquired during the marriage or shared during the marriage. This includes a family home, cars, debts or anything earned or gifted during the marriage. Community property is divided during the dissolution of the marriage. This doesn’t mean it is necessarily divided in half. If you have two assets of equal value, one person may receive one while the other party receives the other; an example being a house and a retirement savings plan.
5. What Are My Rights During A Divorce?
You have rights protected under the Bill of Rights. You have the right to a fair trial; the right to a safe trial free of harassment from a spouse or their attorney. You have the right to see your child unless a court states otherwise. Speaking with an experienced attorney such as the ones at Lonich Patton Ehrlich Policastri is the best way to learn about your rights during your divorce. Get your questions answered in a free 30 minute consultation.
6. How Does The Court Decide On Child Custody During A Divorce?
Child custody is decided based on many factors. Often, during the case, temporary custody is assigned. This allows the child to have a stable routine they can depend upon and prevents their lives from being upended. Judges can be hesitant to change this plan when deciding on permanent custody as they don’t want to remove that stability from the child’s life. Temporary custody can be an indicator of the end result of child custody, but it isn’t guaranteed. Once divorce is filed, the state your child currently resides in becomes their home state. If a parent wants to move out of the state or relocate, this can affect the outcome as well.
Judges consider the wellbeing of the child over everything else. This means they will look into any history of mental illness, drug abuse or addiction, and financial stability (to name a few). Courts tend to favor the spouse who is able to put their differences and issues from the divorce aside for the betterment of the child. This means the more level headed you are, the better.
7. Does My State Have A Separation Requirement?
This is a crucial divorce question to research before filing. In San Jose, CA, there is no separation requirement. You must have lived in CA for 6 months before filing for divorce however. Once you have filed, you must wait another 6 months before the finalization of your divorce. If you file for legal separation in the state of California, there is no waiting period making it a great option for those who haven’t lived in the state for 6 months.
If you don’t know if your state has a separation requirement, the best way to find out is to research your state laws or contact a local divorce attorney.
8. How Do I File For Divorce?
This is another common divorce question clients ask. To be eligible for a divorce in CA, you must have lived in the state for 6 months. When it comes to counties, you must have lived in the specific county you file in for 3 months.
Before no fault divorce existed, a spouse had to provide a reason for the dissolution of marriage. This typically involves extramarital affairs or domestic violence and the practice is still common in some states. In California, all divorces are no fault which means one party can simply want a divorce from the other without providing a “fault.” This means that wrongdoing has no impact on the division of assets according to the judge.
After filing, there’s a 6 month waiting period for the finalization of divorce. You and your spouse can work collaboratively to make a plan for child custody and property division without legal assistance and if that doesn’t work you can seek help from a mediator. This is where you might consider collaborative divorce or mediation. The last option is divorce litigation which is also the messiest. This should be a last option if you and your spouse cannot agree on anything.
You may not need to go to court if you are able to resolve issues and division of assets through mediation or collaboration. This is an ideal situation and all papers can be filed with the court with a judgement on your case sent in the mail. Sometimes you may still be required to show up for a hearing in these cases.
If you opt for divorce litigation, the matter will be handled in court and this can be pricey. If you can avoid litigation, it’s in the best interest of everyone involved. However, at LPEP Law, they know how contentious divorces can get and understand not everyone will be able to settle their issues out of court.
10. How Do I Decide On A Divorce Lawyer?
You should make sure your divorce attorney specializes in family law and divorce cases. You want someone who has handled a myriad of divorce situations and will work to get you the best possible outcome.
Ask how many years of experience they have. If you’re going to court, do they know the court and the judges who preside there? Are they board certified? These are all important questions to ask when deciding on a lawyer.
Child custody can be a living nightmare for most. The fight for custody can arise in many situations, from divorce to one parent moving away or mistreatment of kids. It’s important to get a family lawyer who can help you navigate this rocky time as smoothly as possible.
If you’re looking for a child custody attorney in San Jose, Lonich Patton Ehrlich Policastri is here for you. There are a few important things to consider when looking into a family law attorney.
Does The Attorney You’re Looking At Specialize In Family Law?
You need a lawyer who specializes in family law. If you have a lawyer who practices in many different areas, they won’t be well equipped to help you like you deserve. Choosing an attorney who deals with child custody cases regularly means they will know the ins and outs of the system that other lawyers won’t.
How Long Has This Lawyer Been Practicing Family Law?
Experience matters. How long have they practiced family law? How many child custody cases have they handled in the past 12 months? At a minimum, the lawyer you choose should have practiced family law for 5 years. Lonich Patton Ehrlich Policastri has decades of experience with family law. They know the ins and outs of child custody cases and most likely know about the judges in the area and their leanings.
What Court Are You Going To?
This may seem like a minor question, but it matters. An experienced child custody attorney in San Jose is going to know the courts and proceedings that go on there. More importantly, they will know of the different judges and council. They will know if a judge leans towards mothers more frequently or if they have any biases. This will work in your favor because they can help you build a stronger case. Find out how often your attorney has been to the court and how they can use this information to your benefit.
What Do Their Testimonials Look Like?
You can learn a lot about a lawyer from their customer testimonials. With the internet, it’s easier than ever to hear from all sorts of people what their experience was like. This means you can make the most informed decision. LPEP Law prides itself on being assertive, effective and compassionate with their clients and cases. You want an attorney who cares about your situation and cares about your kids.
How Do They Communicate With You?
It’s all too common when hiring a lawyer, to talk to them once and after accepting your case, you don’t hear from them for months. You want an attorney who will stay in communication with you and keep you updated on how your case is progressing. Child custody is expensive and stressful. You want to know it’s in good hands and you want to be reassured throughout the entire process that what’s in your best interest is being done. A competent attorney will keep you in the loop.
Child custody is one of the hardest things you can go through, and it’s overwhelming to know where to start. That’s why LPEP Law offers a free 30 minute consultation. This can give you insight on how to move forward and what steps you need to take, specific to your case. You can schedule your free consultation here.
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.
https://www.lpeplaw.com/wp-content/uploads/2019/01/Infant-Parent-Hands-2.jpg15362048David Pattonhttps://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.pngDavid Patton2019-08-22 20:03:442021-12-22 20:05:35Child Custody Attorney In San Jose, CA
After more than a decade together and six kids, Angelina Jolie and Brad Pitt are getting divorced. Aside from the challenges presented by the division of their purportedly very high value estate, the parties also face a potentially very challenging custody battle over their six children, who are all under the age of 16 years old.
To determine child custody, California courts look to “the best interests of the child.” While it sounds simple, this standard can prove quite challenging for the court depending on the family. Variables such as the child’s age, maturity, and their relationship with the parents, need to be considered. Moreover, the child’s school and activity schedule and the parents’ work schedules only add to the challenge. Courts may also, but are not required to, consider the child’s preference if he or she is of appropriate age and capacity. Whether a child is of “appropriate age and capacity” depends largely on their maturity and understanding of the proceedings, usually found to be around age 10.
Each case is different based on the level of cooperation, or animosity between the parents. Ideally, the parents can work together and agree on a workable custody schedule. However, the far more common scenario involves parents who cannot agree, and have difficulty communicating with one another. For these parents, the court must step in and make determinations based on the facts presented.
First, the court will send the parents to mediation. The mediator is a third-party neutral, meant to facilitate the parents’ coming to an agreement. Next, if they are still unable to agree, the judge will meet with the parents at a Judicial Custody Conference. If the parents are still unable to agree, the judge will order the parents to go through an Assessment After the Assessment, an in-depth process where the judge ultimately decides the custody and visitation schedule.
Courts may award sole or joint physical custody to the parents. Sole physical custody consists of the child living with and being supervised by one parent. Joint physical custody, on the other hand, can take many forms depending on the parents’ schedules, proximity to one another, etc. When parents share joint physical custody each parent has “significant periods” of physical custody. This does not necessarily equate to equal time between parents.
In Brangelina’s case, their unique work-life schedules, and global lifestyles will likely play a large role in how custody is ultimately split between the parties. Media sources report that both parties have asserted a desire to have physical custody of the children. Thus, some form of joint physical custody is the most likely result. Given that both, Angelina and Brad are actors, they have similar interests in a less traditional time-split for the children. Both parties will have to concede that they have extended periods of time when they remain on-site, and work long days while filming, which make them less available for the children during those time periods. A traditional 50-50 split is not going to work for them. Thus, it behooves them to try to cooperate with one another and recognize where they share common ground – the desire to give their kids the very best life they can. Luckily, Angelina and Brad have robust means to provide as non-traditional of a lifestyle for their children as they need to in order to fit whatever time-split needs they may have.
If the two cannot agree on an amicable custody arrangement, the court may have to step in. Given the children’s ages, it may consider their preferences depending on whether it finds they are of appropriate age and capacity. The court will likely strongly urge Angelina and Brad to try to agree on their own in light of the inherent publicity that follows their fame and the public’s interest in their celebrity lives. Like all parents, the parties are likely to feel more satisfied with an agreement they formulated rather than a court’s determination.
If you need help with a custody or visitation claim, please contact our California Certified Family Law Specialists. Our attorneys have decades of experience handling complex family law matters and offer a free consultation.
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.
David Patton is a family law specialist and partner at Lonich Patton Erlich Policastri. David is an experienced trial attorney with over 22 years of experience. He co-founded the firm’s family law practice and has become one of Silicon Valley’s top family lawyers.
David has represented clients in difficult and complex cases, all while treating his clients with kindness and compassion. He recognizes that these times are some of the most overwhelming and difficult for families, and that is why he works hard and diligently to obtain favorable results.
As one AVVO client reviewer stated: “David (and his partner Mike Lonich) were genuinely interested and invested in my case. They were not solely focused on billable hours, but truly wanted to see a fair and just outcome. That sort of personal commitment went a long way toward making the whole experience, if not enjoyable, at least less miserable. I just wish I had David as my attorney when my divorce first started. I would highly recommend David Patton and his firm to anyone needing competent representation in matters of family law. “
If you have any questions about divorce or any other issue, the Certified Family Law Specialists at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. Please contact the Certified Family Law Specialists at Lonich Patton Erlich 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.
https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png00Lonich Patton Ehrlich Policastrihttps://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.pngLonich Patton Ehrlich Policastri2016-03-09 16:41:572021-12-22 20:17:53"Truly wanted to see a fair and just outcome"- AVVO reviewer
The holidays are a time for family, friends, and togetherness. For the recently divorced or those in the process of a divorce, the holidays can be a very sad, confusing, and lonely time; especially for those couples with children. Lonich Patton Erlich Policastri, LLP have put together three tips to get you through the holidays this year: plan ahead, socialize, and create new traditions.
Plan Ahead
The first and most important step to ensuring you survive the holidays is planning ahead. This includes planning out where your children will spend their holidays and with whom. Depending on your custody plan, there are inevitably going to be holes in your schedule and during those time, loneliness may be unavoidable. One way to avoid being lonely during these times is to get activities on the calendar. If your children will be with your former spouse this year, plan activities with friends and family to keep you busy. While keeping yourself busy may be essential to surviving the holidays, it is also essential to leave some time for rest and reflection, so try not to over commit yourself.
Socialize
The more the merrier. It is common knowledge that the more people you surround yourself with, the better your mood will be. Just because your children are with your former spouse, does not mean you have to spend the holidays home alone. This holiday season, be sure to interact with others, whether it be with family or friends. Socializing will help you avoid feelings of sadness, loneliness, and depression. If you used to spend your holidays with your in-laws, find somewhere else to go this year. Do not be afraid to crash a holiday party or two. And remember, it is normal to feel out of place and uncomfortable, but the more you socialize, the better you will feel.
Create New Traditions
Divorce means letting go. This includes letting go of certain family traditions. Now that you are divorced, your holiday traditions are bound to change. This is your opportunity to keep the traditions you enjoy, get rid of those you do not, and create new and better traditions with your children. Take this time to try something you have always wanted to do, were too scared to do, or something your former would never let you and the children do. Also, if your children are spending this holiday with your former spouse, consider celebrating the same holiday with your children on an alternate day.
These are just some of the many tips available to survive the holidays during your divorce. The Certified Family Law Specialists at Lonich Patton Erlich Policastri have decades of experience handling complex family law matters. If you are interested in learning more about scheduling where your children will spend the holidays, please contact Lonich Patton Erlich Policastri for further information. Keep in mind 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.png00Mitchell Ehrlichhttps://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.pngMitchell Ehrlich2014-12-03 13:19:512021-12-22 20:36:48Surviving The Holidays During A Divorce
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