New Law: Domestic Violence Restraining Orders can be issued for 10 years

Governor Jerry Brown signed into law Senate Bill 723 on August 1, 2011 which will amend Penal Code s 136.2.  Under the new law Judge’s can issue protective orders for up to 10 years in felony and misdemeanor Domestic Violence convictions.  The new law will take effect on January 1, 2012 and is to be limited to cases involving stalking, serious bodily injury, or while the defendant is still on probation.

General terms for a protective order/restraining order prohibit contact with the protected person which can also impact child custody and visitation arrangements.  Additionally they can hinder a persons ability to own or possess a firearm, which depending on your career could have major impacts.

In order to assess your legal options in view of the current and new law it is important that you talk with an attorney about your specific situation and your rights.  For a free consultation call (949) 478-3160.

What do I do if I think my Ex is hiding money?

If your Ex is hiding money and you are involved in litigation relating to child support, spousal support, or even a divorce this is a major issue that you need to resolve in order to exercise your rights.  Any failure by your Ex to completely disclose their income, savings, or assets can vastly affect the outcome of your case and the amount of child support, spousal support, or community property that is divided in your divorce.

This is crucial in child support matters because the amount of child support you receive generally is based on two simple and basic sets of number the percentage of time the child is with each parent and each parent’s relative income.  If you believe your spouse is getting paid under the table for side jobs or that their business is doing better than they claim you will need to prove it by way of the legal process.  If you are unable to do so either through witnesses that have personal knowledge of the earnings or documents that refute their assertion you are out of luck.

On the same note when it comes to a dissolution, if you believe your Ex is hiding money this could dramatically alter the amount of money or assets that you are able to walk away from the marriage with.

Due to the importance of this, it is important that you fully exercise your rights in court and use all methods available to you in order to uncover hidden money.  One common and generally helpful method is through the use of a Subpoena Duces Tecum (SDT).  A SDT is a method by which you can request that a third party, in this case the bank, provide documents relating to the other party and their accounts.  Through proper use of this power you can obtain bank records in the form of bank statements showing all incoming funds for as many years as you request.  Be mindful that when you request the bank statements to be reasonable in your request for the fact the bank will charge you for the records search as well as a copying fee per page, and if you are excessive with your request it could cost you financially.

In order to exercise this power and request documents from the court through the use of a SDT it is important that you use the proper court forms as well as time the service of all documents properly.  All necessary court forms can be found on the California Courts Self- Help website.  In order to properly serve the SDT you must also provide notice to the other party that you are seeking the disclosure of their bank records, to which they are afforded an opportunity to oppose the disclosure of their records.  However, if all goes according to plan you will receive a stack of bank statements for your Ex’s accounts and finally be able to see if they have been depositing more money than they have claimed, or are hiding money, and be able to provide that information to the court in order to correct the lies that they have been telling and affording you and your children the justice and financial assistance that you are legally entitled to.

In order to assess your legal options in view of the current and new law it is important that you talk with an attorney about your specific situation and your rights.  For a free consultation call (949) 478-3160.

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This blog, and the individual posts on the blog, are for informational purposes only, do not provide a substitute for engaging legal counsel, and do not constitute legal advice or solicitation for legal services.  Any legal advice should be tailored to specific clients and their specific needs.  No attorney-client relationship is created by any use of this website.  You should not rely on any information in this blog.

What Does the Court Look at When Awarding Spousal Support?

Spousal support is intended to help maintain the accustomed standard of living based upon the duration of the marriage, and may be awarded to either spouse. Factors that determine the amount of spousal support are listed in California Family Code 4320, which states as follows:

“In ordering spousal support under this part, the court shall consider all of the following circumstances:

• (a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:
  • (1) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate educationor training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.
  • (2) The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.
•  (b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
• (c) The ability to pay the supporting party, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.
• (d) The needs of each party based on the standard of living established during the marriage.
• (e) The obligations and assets, including the separate property, of each party.
• (f) The duration of the marriage.
• (g) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.
• (h) The age and health of the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party where the court finds documented evidence of a history of domestic violence, as defined in Section 6211, against the supported party by the supporting party.
• (i) The immediate and specific tax consequences to each party.
• (j) The balance of the hardships to each party.
• (k) The goal that the supported party shall be self-supporting within a reasonable period of time.

Except in the case of a marriage of long term marriage, generally found when a marriage lasts 10 years or longer, as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.

• (l) Any other factors the court determines are just and equitable.” Spousal support can later be modified as well depending on the change in circumstances. It is important to consult with a knowledgeable attorney who can assist you with getting the most that you deserve. Even when spousal support is granted, and an order is made, opposing spouses often times fail to pay on time if at all. We can help make sure that you receive what you’re entitled to, and enforce these decrees on non cooperative spouses.

To discuss the specific issues of your case and possible defenses that can be asserted call (949) 478-3160.

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This blog, and the individual posts on the blog, are for informational purposes only, do not provide a substitute for engaging legal counsel, and do not constitute legal advice or solicitation for legal services.  Any legal advice should be tailored to specific clients and their specific needs.  No attorney-client relationship is created by any use of this website.  You should not rely on any information in this blog.

Can Your Social Media Sites Hurt You in Family Law Court??

The simple answer is YES!

Often times these days people maintain personal information on their facebook and myspace pages under the impression that they are safe because of their privacy settings.  However courts are starting to recognize information from these sites more and more often, often to the detriment of the social media users case.

When looking into the facts and circumstances surrounding a divorce or child custody matter the Courts are starting to use social media to look into the parties personal lives in an attempt to get the most accurate financial and lifestyle information.  If there are photos or considerable status/posts relating to partying or recreational activities that are seen as less than legal, they could have a serious impact on your child custody case.  Also if you have statuses/posts/comments/photos that refer to a job or working which you aren’t claiming as income in court that could seriously impact your divorce or child support case.

For instance in a case a woman was requesting additional child support claiming her lack of income.  However, we were able to find a social media page for her business evidencing multiple clients and recent gigs that she worked.  Although, we were unable to prove exactly what she made due to her business the Court didn’t take kindly to the fact that she had lied under oath as to her own personal business and income the Court greatly reduced her child support award by increasing her estimated monthly earnings over her attorney’s objections.

Issues similar to these also come into play if you are facing a criminal case as well, although the Court’s haven’t made as drastic of a move as the Family Law Courts have it is important to be mindful of this possibility and not provide the Prosecution with ammunition to their case.

The fact of the matter is you always need to be truthful with the court about all aspects of your life that relate to your case, and that in spite of that it is important that you not allow the opposing party to twist your own words and social media sites against you.  With that it is important in today’s technology age that you consult an attorney to discuss your case that understands these issues and the possible impact to your case.

For a free consultation call (949) 478-3160.

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This blog, and the individual posts on the blog, are for informational purposes only, do not provide a substitute for engaging legal counsel, and do not constitute legal advice or solicitation for legal services.  Any legal advice should be tailored to specific clients and their specific needs.  No attorney-client relationship is created by any use of this website.  You should not rely on any information in this blog.