Domestic Violence Restraining Orders: The Importance of Safety
Domestic Violence Restraining Orders: The Importance of Safety
The Importance of Safety with Domestic Violence Restraining Orders Domestic violence is a serious issue that affects millions of people every year. It is defined as any type of physical, emotional, or psychological abuse that occurs between two individuals in a domestic setting, such as a romantic relationship, cohabitation, or family ties. In the United States, each state has its own laws and procedures for addressing domestic violence. In the…
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Grandparent Rights in California
Grandparent Rights in California When it comes to visitation and custody, grandparents also have rights under California law. If you are a grandparent seeking to establish your rights regarding your grandchildren, consult with an experienced family law attorney to help guide you through the legal process. Why Seek Grandparent Rights? Grandparents play an important role in the lives of their grandchildren. Oftentimes, grandparents seek rights to visitation or custody when…
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Piqui’s Law (SB 616) Mandates California Courts to Prioritize Child Safety in Custody Disputes
Piqui’s Story In April 2017, Ana Estevez reported her son Piqui missing after his father failed to show up for a scheduled custody exchange. The parents had been fighting over custody as Ana sought to protect her son from her ex-husband. Officers notified Ana that Piqui’s father Ara Andressian was found unconscious in a park and had been taken to a local hospital, but there was no trace of Piqui.…
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What CPS Can and Can’t Do in California
As a parent, it may seem scary knowing that Child Protective Services (CPS) can determine the outcome of your family situation. While CPS does have the power to investigate you and your family, they do have to abide by certain rules and guidelines. For parents, it is important to know your rights when you are being investigated. Continue reading to find out what CPS can and cannot do in California.…
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Self-Defense in Domestic Violence Cases in California
Domestic violence cases can be tricky, often devolving into a he-said, she-said situation. Sometimes, it can be difficult to recognize when physical actions are necessary in order to protect oneself and when such actions will only make the situation worse. In these cases, there is a thin line between self-defense and domestic violence. The Difference Between Self-Defense and Domestic Violence In order to understand the difference between self-defense and domestic…
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Everything You Need to Know About Emancipation in California
Who Can Get Emancipated? Emancipation is the process by which teenagers under 18 are granted legal adulthood by the court. Once you are emancipated, you are no longer under the custody of your parents, meaning you can do certain things without your parents’ permission. These include: Living on your own Making healthcare decisions Applying for a work permit Enrolling in school However, even if you are emancipated, certain laws still…
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4 Benefits of Mediation in California Family Law Cases
Mediation is a method of alternative dispute resolution that allows parties to reach a settlement with the help of a neutral third party mediator. While mediation may not be the right option for everyone, it can be very effective in family law cases, allowing parties to bypass a lengthy and expensive trial process. If you are interested in mediation, contact our experienced family law attorneys at Wallin & Klarich to…
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Domestic Violence Bill Limiting Abusers Signed into Law
AB 2391: Domestic Violence Bill Limits Abusers This month, a new state bill has been signed into law in California, limiting the legal power that domestic abusers have on their victims. Assembly Bill 2391 was passed by the California State Senate and Assembly and was approved by Governor Gavin Newsom. It prevents abusers who are currently under a restraining order from filing baseless lawsuits in order to stay in contact…
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Coercive Control Is Domestic Violence Under California Law
What Is Coercive Control? When we think of domestic violence, we often think of physical abuse. However, domestic abuse isn’t always physical. Coercive control is a form of domestic violence in which an abuser uses a pattern of abusive behavior to dominate their partner and limit their partner’s freedom. Although this can involve physical violence, it is often more subtle and can include other control tactics such as intimidation, isolation,…
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What Are My Rights as a Putative Spouse?
What Is a Putative Spouse? The word "putative" is defined as "reputed" or "supposed" and applies to marriages in which at least one of the parties believes that they are legally married. Accordingly, a putative spouse is one who holds a good faith belief that they have been living as a married person with their partner. Good faith is determined by what a reasonably prudent person would believe under the…
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