• Family Law

    • How do I get a restraining order?

      If you are in imminent danger, call the police. If police concur that the threat of domestic violence is real and imminent, they can have a judge issue an emergency protective order that will last up to a week. Then your lawyer can help secure a temporary restraining order, which lasts for 20-25 days and is intended to keep you safe until the hearing. At the hearing, evidence of the need for long-term protection can be presented. If the evidence is persuasive, a judge may issue a permanent restraining order that can last as long as five years.

    • What if my ex isn’t paying child support?

      The failure to pay child support is a serious offense, one for which a spouse can go to jail. Child support agreements are effectively a court order and failure to comply is contempt of court. Judges will give a delinquent child support payer every opportunity to bring their payments current, but the recipient spouse should not hesitate to take legal action if not getting what they are properly owed.

    • How is child custody decided?

      Child custody decisions are made exclusively on the basis of what the courts deem is the best interests of the child. This will depend on a range of factors which will be unique to each couple, so there is no one-size-fits-all answer. But as an example, if it’s already been agreed that one spouse will get the family home, a court might deem it in the child’s best interest to live with that parent, simply for the stability of staying in the same house.

    • Who gets the house in a divorce?

      The house will be subject to California’s community property laws, which require a 50/50 split of all marital property between the spouses. Whether the family home ends up with a spouse or being sold will depend on how the settlement is negotiated between the two parties. There is no uniform rule on how any particular piece of marital property should be distributed.

    • Do I need a lawyer to get a divorce?

      Strictly speaking, the answer is no. The state of California allows people to represent themselves. But—and yes, we understand we’re biased—there is a lot that is missed out on when a reliable and experienced attorney isn’t present. Important issues in the property settlement might be getting overlooked. Agreements on child support or spousal support might be less than what a spouse or parent deserves. And, even in the simplest of divorce cases, a lawyer can still provide efficient services in filing documents and responding to motions, allowing their client to focus on the next era of their life.