A San Diego Lawyer Can Help You to Get a Restraining Order Against Your Ex

Divorce can get ugly and a lawyer can help you to navigate through the process.  There are times before or during the divorce one spouse can become violent, threatening, or volatile.  It is normal for people to get upset and worked up. The question is how upset are they getting and have they calmed down?  If your spouse or ex-spouse is threatening you and you are scared that you may become a victim of violence, a restraining order may be in order.  You can also obtain one if you believe they are stalking you.

A restraining order is a legal decree that prohibits them from coming within a certain distance of you.  If they violate the order you can call the police and have them arrested.  The major difference is that without a restraining order they would need to act violently or start threatening you before you can really call the police.  A restraining order gives you the right to do so before the situation escalates. 

It is important to have an experienced lawyer help you through the process. You have to prove that a restraining order is necessary, which can be difficult to do without help. Your ex-spouse may appear completely cool and calm in court which will give off the impression that they aren’t posing a threat to you.  Once outside of court, the behavior is likely to continue.  An attorney can help to present the facts so that the judge understands the severity of the issue and the need for you to be protected. 

There are two main types of restraining orders that you can get in California – personal conduct and stay-away orders.  

Personal Conduct Orders

This type of restraining order prevents the other party from contacting you via the phone, messages, and email.  They cannot harass you, stalk you, strike you, destroy your property or sexually harass you in any way. 

Stay-Away Orders

This is the type of restraining order that most people think of because it prevents them from coming within either fifty or 100 yards of you.  It applies to your physical person.  For example, if they were to see you in a grocery store they could not come within fifty or 100 yards.  It also applies to where you live and work, where your kids go to school, your car, and other important places you include on the list like church or a relative’s home.  

Stay-away orders can become complicated when you are sharing custody with an ex-spouse.  You will want the assistance of a lawyer to navigate through these challenges.  For example, in a normal stay-away order the other party cannot be too close to your kid’s school.  If it is their child too, this becomes impractical so a creative solution will need to be implemented.  The same holds true for custody exchanges.  A solution will have to be worked out to where you can trade custody without the order being violated, unless of course the child is also protected as part of the order.  

To learn more about restraining orders and how a lawyer can help, call Keen & Genochio Attorneys at Law today.

A Lawyer Can Help You Increase Your Visitation Privileges

If you are divorced, a lawyer can help you to make changes to your child custody and visitation agreements.  Just because a custody arrangement has been set with the other parent, or by a judge, does not mean that it has to stay set in stone until the child turns eighteen.  There are ways to make changes to the schedule by going through the court system.

As a parent that does not have primary custody, it can be incredibly difficult and painful to not see your child as often as you would like.  Sometimes the situation arises due to a military deployment, financial issues, a living situation, work reasons, or even substance abuse.  It may be hard to comprehend living with a set schedule for years to come, once the reason for the limited custody or visitation has been resolved.  Fortunately, the court system is designed to provide room for change.

Before you file for a change in child custody or visitation, make sure to consult an experienced lawyer.  The court system is exactly that – a system.  There are set rules and procedures that must be followed in order for your case to be heard and in order to win.  Going before a judge without understanding the rules could be detrimental to your case.  Additionally, when arguing why your custody arrangement should be adjusted it is important that your reasons fit within the statute that the judge must reference prior to making a ruling.

When the custody arrangement involves two parents that live in different states, the case becomes even more complicated.  California has a specific law in place, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) which sets forth that California has the right to enforce its actions, even if a parent moves out of state.  This enables custody cases set in California to continue to be enforceable after someone has moved away, as long as one of the parties still lives in the state.  This can be particularly relevant in military divorces.  

As a California custody lawyer, we are experts at understanding custody laws and how they can impact your case. As an experienced attorney, we help clients to gain back some, or all, of the visitation they have lost.  We understand that life circumstances can create situations that negatively impact our clients.  Rather than judging, we help each client to build a case for why they should regain or increase the time they have with their children.  If this is something you want to pursue consider that you will have the burden of proof to show why your request should be granted.  You will also need to demonstrate stability and that you can provide a safe and caring environment for the children when they are with you.  The judge will also make sure that the children will not be impacted negatively by an increase in your visitation time.  As your lawyer, we will help you to create a winning strategy that can be pursued in court. 

Why Members of the Military Need a Family Lawyer

If you are in the military, a family lawyer can help you to sort through complex custody issues, divorce hearings, and child support.  For the men and women serving in our Armed Forces, it can be difficult to deal with matters at home when they are deployed. Unfortunately, that is when many service members are faced with these difficult and complicated family matters.

Our law firm specializes in working with military members and understand how to navigate through the local court system and military regulations. This is extremely important, as not understanding one of these aspects could lead to further legal complications.

For the past sixty years, we have been serving the military community in California.  We are an experienced family lawyer that can provide information and consultations to service members while they are deployed.  California requires a six month waiting period when applying for a divorce.  This process can be started while overseas with the help of our law office.  Using modern technology, we are able to communicate and provide legal services, just like we would if you were sitting in our office.

The financial aspects of military divorce are also more complicated.  The court has to make determinations as to what is joint property and what is separate property.  Things like reenlistment bonuses are up for dispute so you need to have a good case as to who should or shouldn’t have access to those funds.  Child support and spousal support are also determined in a divorce proceeding and more complicated when one of the spouses is deployed.  Things like combat pay can temporarily increase a persons’ income but are not available in the long term.  As an experienced family attorney, we understand the complications that arise when a member of the military is getting divorced and can help to make the process run more smoothly.

If you are in the service and are having difficulty with your spouse, you may want to schedule a consultation prior to leaving for deployment.  Even if you do not take action, it is wise to have an attorney on hand in the event that your spouse does.  Many troubled marriages lead to divorce while one spouse is deployed.  This can come as a blow to anyone that is far away from their family, without the ability to be there and sort through the issues.  By retaining a family lawyer before you leave, you can have the peace of mind that if your spouse does take action, someone local will be there looking out for your best interested.  This is especially important when children are involved as your attorney will need to make the case for why you should have a specific custody arrangement 

To learn more about how we can help, simply contact our office at 619-232-2217 to schedule an appointment.  We can meet with you in person, or if you are currently deployed, remotely.   We will do our best to make the process of family disputes go as smoothly as possible. 

Tips from a Local Custody Lawyer

Custody is complicated, and you need a lawyer on your side.  This is the single most important aspect to any divorce proceeding because you have to live with the results every day until your child turns eighteen.  Unlike a home or a car that you can move on from, the custody arrangement you share with your spouse ties you to that person, regardless of whether or not you want to be.

We understand that in a divorce emotions are high, and it can be difficult to think clearly and to strategies.  That is where we come in.  We can listen to your goals and create a strategy to help you achieve them.  This includes what needs to be done before you ever set foot in a courtroom.  By creating and implementing a clear strategy, you will be more likely to receive the custody arrangement that you desire.

As your lawyer, there is a lot of strategy that goes into preparing for your divorce trial.  Evidence needs to be gathered that shows how involved of a parent you are and why you should be awarded the custody arrangements you are requested.  Times have changed and judges no longer award custody to the mother, simply because she is the mother.  Both parties have an equal chance and many times the only thing in your favor is a good legal strategy.  We understand the importance of preparation and take it very seriously so that we can give our clients their best chance of success.

More likely than not, you will be awarded joint custody in California.  This is where both parents are allowed a set amount of time with the children and can both be involved in the decision making process.  This includes deciding where they will go to school, their religious upbringing, what doctors they see and how they are treated.  Basically, every major decision must be made after agreeing.  Many divorce couples find it difficult to have this level of discussion and come to an agreement.  When this is the case, you are best served by having a mediator assist with the negotiations.

If your day in court has come and gone, you can always have your custody arrangement re-examined.  If you have new facts or the situation has changed, a judge can review this aspect of your case to determine whether or not it warrants reconsideration.  For example, if your job situation has changed or the children are significantly older, the current plan may no longer make sense. If you want to change your custody arrangement, this is called a modification. 

The most important thing to remember with a modification is that it requires something to have changed.  It isn’t enough to change your mind.  The facts and circumstances need to be different in either you or your ex’s life.

If you are getting a divorce, or are thinking about a modification, give us a call. We are happy to assist you and will help you to navigate the choppy waters of a custody battle so that you and your children receive the best possible outcome.