Family Law Blog

Does a Restraining Order Go on Your Record in California?

If a restraining order is issued to you, it can impact your current and future employment educational opportunities and limit other aspects of your life. How severely a restraining order changes your life will depend on the circumstances surrounding why one is being filed against you and whether you have legal advocacy for your rights. Terms of a restraining order could limit contact to protected persons, which may include your children, and prevent the use of firearms. Restraining orders are part of the civil court, but they could still impact your criminal record. What Are the Types of Restraining Orders?

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How Hard Is It to Get a Restraining Order in California?

Filing a restraining order is a necessary safety precaution and protection for many people. You deserve to feel safe where you live and work. Understanding how California restraining orders work may help you feel more confident filing one. What Is a Restraining Order? A restraining order is a court order you can file to protect yourself from another party. Protection may be for harassment, abuse, violence, threats of violence, or stalking. Restraining orders can protect you from this behavior and further limit your contact with the other party through terms such as: Stay-away orders. This orders the offending party to

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What Proof Do You Need for a Restraining Order in California?

Restraining orders are used in a variety of situations to help protect victims from potentially dangerous individuals who have harmed, tried to harm, or have directed threatening or dangerous actions at them. Assault, harassment, and domestic violence cases are some of the most common cases involving restraining orders, as they are used as a form of protection for the victims. If you are dealing with another individual who has harmed, threatened to harm, or harassed you, do not wait to seek legal action to file a restraining order. Here’s what you need to know about filing a restraining order in

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How Long Does Domestic Violence Stay on Your Record in California?

Facing any kind of criminal charge can be daunting, especially if you are ultimately convicted of the crime at hand. In California, domestic violence charges are significant offenses and can have a massive impact on your life if you are convicted. From struggling to find jobs to being excluded from different opportunities, you may find yourself wondering how long a domestic violence charge stays on your record or how long it can make an impact on your life. Here’s some basic information on domestic violence charges in California. What Is Considered Domestic Violence in California? Domestic violence is legally defined

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What Are the Consequences of Domestic Violence in California?

Every crime written in California’s Penal Code has a corresponding penalty and appropriate escalation level, including domestic violence. Depending on the nature of the incident, as well as the victims involved, the methods for prosecuting a domestic violence charge can vary drastically. Before filing a domestic violence claim, understanding how these claims are handled by courts is essential for building a strong, thorough case. Is Domestic Violence a Misdemeanor or Felony? There are some felonies known as “wobblers” that can be prosecuted as either felonies or misdemeanors. To decide exactly what charges to pursue, prosecutors typically consider the particular facts

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How Do Domestic Violence Cases Work in California?

Domestic violence can take many forms, forever changing the lives of families and individuals involved in these situations. Seeking legal help for these issues can be intimidating and cause some to feel too overwhelmed to press any charges. However, beginning any proceedings against an abuser is crucial for preventing any more harm. The process of bringing domestic violence cases to light can seem confusing, but understanding these proceedings can help enforce crucial protections for those facing domestic violence. How Is Domestic Violence Classified in California? Domestic violence can take many forms: Stalking Threats Abandonment Causing damage to the victim’s possessions

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How Much Overdue Child Support Is a Felony in California?

California parents who end their relationship or marriage often face the challenge of one parent owing child support to the other. When this happens, it can create tension and conflict, especially if the parent who is supposed to be receiving support is not getting it. In some cases, this can even lead to law enforcement getting involved. This is a serious matter, as the funds that are supposed to go towards taking care of a child should be taken seriously. It can directly impact the child’s quality of life and wellbeing, such as not being able to afford food, clothes,

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How Long Can You Go Without Paying Child Support in California?

In California, parents who have recently divorced and have children typically have a child support agreement. This agreement is meant to support the children financially and ensure that both parents contribute to their care. Unfortunately, not all parents who are supposed to pay child support actually do so. When this happens, the other parent is often left struggling to make ends meet. In some cases, the non-paying parent may even be criminally charged with a felony due to the amount of child support they owe, which is seen as a form of theft and child neglect. If you are a

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Who Pays Child Support if the Father Is a Minor in California?

Finding a way to support a newborn is one of the most demanding challenges of parenthood in general. Having a child is a large financial undertaking, from hospital bills to supplies like diapers and food. It may become difficult to pay for the essential items your child needs. Teenage parents may be required to pay child support because parents are parents regardless of their age. Although tough, navigating the realm of child support payments as a minor is feasible, and with the right background information, it can be simple. What Does Child Support Entail? If they do not have custody

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What Is the Average Child Support Per Child in California?

Child support payments are one of the most significant parts of deliberating a divorce. Higher-earning parents, especially if they are deemed non-custodial parents, are usually ordered to pay a certain amount of money per month in child support to the custodial parents. Each child support calculation is different. Understanding the factors that go into these specific formulas is crucial to comprehending the overall process and common payment rates for non-custodial parents in California. What Is Child Support? Child support is a regular payment, made by a parent who does not have custody of their children, to help with the children’s

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How Long Is Spousal Support in California?

If you’re facing a divorce case that may result in you paying spousal support, you likely want to understand what that will look like for you. There are a number of rules and circumstances regarding which spouse receives support, if any, and how payments are, as well as how long they continue. Spousal Support in California There are three types of spousal support in California divorce court, and each is based on the needs of one spouse for support and the other spouse’s ability to give that support. Therefore, the rules outlining each type of spousal support differ. Temporary spousal

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Why Do I Deserve Spousal Support?

No one is going to say that divorce is an easy process, and dealing with a potential loss of income can make things even more stressful. Alimony, or spousal support, is meant to help with that loss of income after separation, gaining you some financial assistance from your ex-partner. If you’re dealing with the difficult situation of a divorce and are trying to discover whether you deserve alimony from your spouse, it’s important to understand how spousal support is awarded. In any California divorce, spousal support is a possible outcome of court proceedings. The two main kinds of spousal support

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What Should You Avoid in Divorce Mediation?

Divorce is rarely simple, and it can be an extremely stressful process to go through. This is especially true if you are not prepared to handle the difficulties of contentious spouses, the prohibitive costs of divorce litigation, and the complexities of property division, child support, child custody, and more. In this respect, it is important to make the right decisions regarding how you approach your divorce case, who you hire to help you achieve your goals, and how you conduct yourself during the process. How Mediation Can Help Your Case A mediator is a third party who meets with you

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What Kind of Questions Are Asked During Divorce Mediation?

During a divorce, you and your spouse must make important decisions regarding the custody of your children (if any), the separation of your finances, and the distribution of your property. These decisions may not always have an obvious solution, and sometimes they can even cause arguments to arise. Frequent disagreements can lead to a stand-off between spouses and necessitate divorce litigation, making the divorce process much more complicated, lengthy, and expensive. Fortunately, a divorce mediator can help you and your spouse make the difficult decisions that will benefit both of you. Using a divorce mediator will not only save you

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