Domestic Violence, Restraining Order, Restraining Order

CA Domestic Violence Restraining Orders 101

May 30, 2024 TRIWriter

A domestic violence restraining order is issued by courts to protect people from threatened or actual abuse from others with whom they have a relationship. California law allows granting protective orders for physical, psychological, and emotional abuse. California Family Law Attorney Judy L. Burger can help you understand more about restraining orders and when you need to petition the court for one.

Here is some basic information about domestic violence restraining orders that you should know.

You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.

Who Can Request a Domestic Violence Restraining Order in California?

Anyone age 12 and older can request a domestic violence restraining order if they have a close relationship with the person who has threatened abuse or actually committed abusive acts. California law defines a close relationship as including individuals who are:

Dating
Used to date
Currently or previously living together in a relationship (not roommates)
Married
Separated
Divorced
Co-parenting a child
Blood relatives (parent, grandparent, sibling, etc.)
In-laws

You may also need an ex parte, or emergency, restraining order. Attorney Judy Burger can explain more about this temporary measure. Call us now for assistance.

How Can a Domestic Violence Restraining Order Help Me?

Why should you file for a domestic violence restraining order against someone? This legal court order provides a layer of protection from harm. The court may enact the following measures against someone:

Stop abusive actions
Stay away from you (including anyplace you frequent, like home, work, or school)
Have no contact with you (including phone, text, mail, email, deliveries, third persons, etc.)
Provide support (child support, payments on jointly-owned property, etc.)
Grant exclusive use (like a home or car jointly-owned with the abuser)
Pay restitution (such as for property damage or medical expenses caused by abusive actions)
Relinquish firearms in their possession
Attend a treatment program
Undergo regular drug tests

The courts may also issue orders relating to child custody, support, and visitation in consideration of the child’s safety and welfare. They may order the abuser to stay away from places the child may frequent, such as schools, daycare, doctors, after-school activities, and more.

Tips for Filing a Restraining Order

Attorney Judy Burger can walk you through the process of filing for a domestic violence restraining order in California. This is often helpful due to the anxiety and fear that often accompanies the circumstances making it necessary. Her experience and confident demeanor are an anchor to help you as you seek stability, relief, and direction during troublesome times.

As you consider what is needed for a restraining order, it is helpful to think of your petition as a blueprint for testifying at a trial. What should be included?

The specifics of the abuse or threats you have experienced. Be as detailed as possible, including dates, times, locations, and other pertinent facts. Think of it as a log of your abusive experience.
Consider the type of help you need. What do you need the order to accomplish? Stop the abuse, prohibit contact, protect your children, provide support or other measures.
Collect evidence to accompany the order petition. Screenshot emails, texts, and social media posts. Photograph damaged items and physical trauma from the abuse. Photograph destroyed property, clothing, personal items like a damaged phone, and other evidence.
Collect witness statements. Record their testimony in writing or digitally.

The more specifics you can provide, the stronger your petition for a restraining order. Overwhelming evidence can also motivate the court to enact stronger protections. Think through the above factors and be ready to discuss everything with Attorney Judy Burger in a confidential consultation. She can also provide further guidance and advice on your next steps.

Get Help from a Certified Family Law Specialist

Judy L. Burger is certified by the California State Bar, Board of Legal Specialization as a Certified Family Law Specialist. She is your strong and aggressive advocate in highly conflicted domestic matters when you need the law on your side. Her encyclopedic knowledge of CA law and astute representation offers the protection and guidance you need in domestic violence cases. The Law Offices of Judy L. Burger has locations throughout Northern, Central, and Southern California for your convenience. Get the help you need to stop the abuse and get on with your life. Call us today.

Property Division

Exploring Business Valuations in a Property Division

May 23, 2024 TRIWriter

One of the most contentious issues in divorce proceedings is dividing property and assets. This can be especially challenging when a couple owns a business together. In such cases, business valuations are an integral part of the property division process. CA Certified Family Law Specialist Judy L. Burger understands the intricacies of business valuations in a property division.

She has numerous long-term working relationships with area Forensic Accountants and Actuaries, Ligation Real Estate Appraisers, Real Estate Attorneys, Business and Corporate Attorneys, Title Companies, and Real Estate Professionals who assist her when business valuations are needed for a divorce case.

Let’s explore this topic a bit further.

What Are Business Valuations?

Business valuations are the process of determining the economic value of a business or company. It is a complex process that involves analyzing the financial records of the company, its assets, liabilities, market competition, and other relevant factors. The value of a business includes various factors, including, but not limited to the following:

Profitability
Growth potential
Future earnings prospects
Market competition
Industry trends
Capital structure
Market value of assets
Company management

A jointly-owned business is considered to be an asset in divorce cases and is subject to division between the divorcing spouses. This can often be challenging because each spouse may have differing options about the value of the business, and some of these may be difficult to quantify objectively. As a result, disputes and conflicts are common.

Attorney Judy Burger works with respected professionals who are experienced business valuation experts to help overcome these challenges. They partner together to thoroughly analyze the financial records, assess assets and liabilities, and consider other relevant factors that impact the company’s value.

Methods of Business Valuations

Selecting the correct valuation method is one of the most critical factors in business valuations. Several valuation methods are available. Choosing the best method depends on the type of business, its size, and other relevant factors. Judy Burger and her team of experts choose the most appropriate method for valuing the business.

There are over a dozen different business valuation methods, but these are the most common:

Asset-based Approach

Also called the book value method, this valuation method is based on the value of the company’s assets, including its tangible and intangible assets. The expert will consider the value of the company’s assets, such as its inventory, property, and equipment, and subtract its liabilities to arrive at the net asset value of the business.

Income-based Approach

This valuation method is based on the income generated by the business. The expert will assess the company’s historical and projected earnings and apply an appropriate capitalization rate or discount rate to arrive at the present value of the business.

Market-based Approach

This valuation method is based on the market value of similar businesses. The expert will analyze the sales of comparable businesses and arrive at a fair market value for the business being valued.

Times Revenue Method

The times revenue valuation method uses a multiplier dependent on the industry and economic environment of the business. It is applied to a stream of revenues generated over a certain period of time.

Get Help with Business Valuations and Property Division in a CA Divorce

Establishing the correct value of a business in a divorce case can be a challenging process, so it requires skills and expertise. Certified Family Law Specialist Judy Burger works with experienced valuation experts to ensure a fair and accurate valuation of your business. She is tenacious regarding fairness and preserving your rights throughout the divorce and property division journey.

Contact The Law Offices of Judy L. Burger for more information and to schedule a consultation.

California Divorce, Child Custody, Child Support, Domestic Violence, Property Division

Your Top 10 FAQs Answered About Family Law in California

May 16, 2024 TRIWriter

Family law deals with issues like divorce, child custody, child support, alimony, and property division. If you are going through a family law issue in California, you likely have many questions about the process and your rights. Certified Family Law Specialist Judy L. Burger answers the top ten questions we’re asked at our California practice about Family Law matters.

Of course, we can only provide the barest facts in an article. More complete explanations and answers to other questions are available in a complimentary consultation. Contact The Law Offices of Judy L. Burger to schedule your consultation.

Top 10 Family Law FAQs

Review these common questions clients routinely ask Attorney Judy Burger during initial consultations at her offices.

1. What is the process for getting a divorce in California?

To get a divorce in California, you must file a petition for dissolution of marriage with the court. You will need to serve your spouse with the petition and wait for their response. If you and your spouse cannot reach an agreement on all issues, such as child custody and property division, the court will schedule a trial to decide these issues for you.

2. How is child custody determined in California?

California courts determine child custody based on the best interests of the child. The court will consider factors such as the child’s age, health, and relationship with each parent. Generally, the court prefers frequent and continuous contact with both parents as long as it is in the child’s best interests.

3. How is child support determined in California?

California law provides guidelines for determining child support. The guidelines take into account the net disposable income of each parent and the amount of time each parent spends with the child. Other factors, such as the child’s needs and the standard of living before the divorce, may also be considered.

4. What is spousal support in California?

Spousal support, also known as alimony, is financial support paid from one spouse to the other after a divorce. Spousal support can be temporary or permanent, depending on the circumstances of the case.

5. How is spousal support determined in California?

California law requires the court to consider various factors when determining spousal support, including the length of the marriage, the standard of living before the divorce, and the age and health of each spouse. The court has discretion in determining the amount and duration of spousal support.

6. How is property divided in a California divorce?

California is a community property state, which means that property acquired during the marriage is generally divided equally between the spouses. However, there are exceptions to this rule, and the court may consider factors such as the length of the marriage and the economic circumstances of each spouse.

7. Can I get a restraining order in a family law case?

Yes, if you are a victim of domestic violence or harassment, you can obtain a restraining order to protect yourself and your children. The court may issue a temporary restraining order, followed by a hearing to determine whether a permanent restraining order is necessary.

8. Can I modify a child custody or support order?

Yes, if there has been a significant change in circumstances, such as a job loss or relocation, you can petition the court to modify a child custody or support order. The court will consider the child’s best interests when deciding.

9. What is mediation in a family law case?

Mediation is a process in which a neutral third party helps the parties in a family law case reach a mutually acceptable agreement. It can be voluntary or court-ordered and can be a cost-effective alternative to litigation.

10. Do I need a lawyer for a family law case in California?

While you are not required to have a lawyer for a family law case in California, it is highly recommended. Family law cases can be complex and emotional, and having a knowledgeable and experienced lawyer can help protect your rights and interests.

Seasoned Family Law Representation in California

Family law issues in California can be challenging and emotional, but understanding your rights and the legal process can help alleviate some of the stress. If you have questions about a family law issue in California, contact The Law Offices of Judy L. Burger, with eight offices across the state to serve you.

California Divorce, Property Division, Property Division

Overcoming Common Property Division Obstacles During a Divorce

May 9, 2024 TRIWriter

A property division can be fraught with obstacles during a divorce. Partners can accumulate assets of significant value over the years, and dividing them equally is virtually impossible. California Certified Family Law Specialist Judy L. Burger has extensive experience helping divorcing couples divide their property equitably and with the least rancor.

She shares the benefit of her experience in these tips for overcoming common property division obstacles during a divorce.

Common Obstacles to Dividing Property in a Divorce

Divorce can be difficult enough, but adding complex asset divisions into the mix often stretches tempers and emotions to the breaking point. Such divisions are never easy because they involve more than easily sectioned assets. Some of the most common obstacles to dividing property in a divorce include:

Family or Jointly-Owned Businesses – Determining who keeps the business, how it is divided, or other related questions is often complex.
Common Property—The home and other common property are often a serious point of contention in divorce property divisions.
Sentimental Property – A favorite book collection or family heirloom can cause negotiations to reach an impasse.
Digital Assets – Music collections and even the right to use online consumer awards can cause a breakdown in property division negotiations.
Retirement Benefits—Joint investments and retirement accounts can be real sticking points when determining an equitable property division.
Marital Debts – Couples can disagree more about debts than assets, and creating an arrangement to cover debts can be the hardest aspect of a property division.
Small Children – Younger children and custody considerations add several layers of additional concerns when dividing assets and marital properties.

Tips for a Smoother Property Division During Divorce

How can you help the property division process go much smoother? Follow these tips:

Don’t Be In a Hurry

Property divisions take time, and more complex assets and issues will require even more. Resolve to be patient and allow the process to play out. Critical factors, such as business valuations, asset valuations, and other processes, require time to be completed. Trust Attorney Judy L. Burger to work diligently with the best resources and leading experts to get the facts you need before serious decisions can be made.

Start With Short-Term Solutions

Begin by keeping things on an even keel. Make sure both households stay afloat for several months. Keep the rent, mortgages, car payments, and other bills current while everything else is being figured out. Focus on caring for yourself and your family, especially if children are involved. Seek amicable arrangements to keep life going steady for a while.

Focus on Needs and Interests, Not Positions

Avoid starting off with solid pronouncements like “I demand the house and the children every weekend.” Focus instead on your needs and interests and those of your family. What does everyone need to live on? How can you maintain a good relationship with the children? How will their needs best be met?

Get Seasoned Legal Guidance

Negotiating the minefields of divorce and property divisions without a seasoned family law attorney is like braving uncharted shoals hidden by large waves – you’re asking for disaster. A Certified Family Law Specialist like Judy Burger has the recognized expertise for navigating complicated divorce negotiations and property divisions.

She can guide the negotiations and offer strategic counsel while representing your interests and those of your children. An experienced third party like her can prevent serious misunderstandings, emotional arguments, and other detriments to a favorable outcome.

CA Divorce & Property Division Guidance

Troublesome relations and complex asset divisions are no problem for Attorney Judy Burger. She has successfully guided numerous complex divorces and property divisions so families can move forward. Contact The Law Offices of Judy L. Burger in California for legal representation, mediation, negotiation, and litigation concerning divorce and complex property divisions.

Domestic Violence, Restraining Order

How Far Is Too Far When Considering a Domestic Violence Restraining Order?

May 3, 2024 TRIWriter

A Domestic Violence Restraining Order provides significant legal protections for you and your children. These legal orders are specifically for people with whom you have had a close relationship, including family, in-laws, current or former dating partners, current or former spouses, and others.

Filing for a domestic violence restraining order against someone is a big step that should be considered carefully. It is often an emotional and traumatic time, and numerous factors and circumstances can cloud your thinking. How do you know when it’s time to obtain legal protection? Or, how far is too far when considering a domestic violence restraining order?

Defining Domestic Violence

The United States Department of Justice defines domestic violence as follows:

“Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

Accordingly, you should consider a domestic violence restraining order when you are subjected to behaviors that:

Intimidate
Manipulate
Humiliate
Isolate
Frighten
Terrorize
Coerce
Threaten
Blame
Hurt
Injure
Wound

Such behavior toward you or your children is sufficient grounds for filing to obtain an order of protection. However, keep in mind that the court will need proof that some sort of threatening behavior has affected or is likely to affect you and/or your children.

How Far Is Too Far?

Asking, “How far is too far?” or “How much should I put up with?” before considering a domestic violence restraining order is not necessarily the right question. When you or your child experience abuse or feel threatened, that is the time to act. Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order.

You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.

How to File for a Domestic Violence Restraining Order

Certified CA Family Law Specialist Judy Burger can walk with you through the difficult circumstances that prompt filing for a domestic violence restraining order in California. She will help you construct the necessary petition to present to the court. Imagine drawing a blueprint for a court testimony – your petition should contain similar elements, including:

Specific details of the threats or abuse to you or your child. Record all the dates, locations, and other facts you can remember.
Evidence that backs up your petition, like emails, texts, pictures, social media posts, damaged property, or physical marks on your/your child’s body.
Witness or expert statements that back your petition, like doctor’s notes, photos, witness testimonies, and more, in written or digital media.
Ask for what kind of help you need. What do you need the order to accomplish? Stop the abuse, prohibit contact, protect your children, provide support, or other measures.

File the Petition

Turn in your request to the court. A judge may also grant you an ex parte (emergency) hearing and order of protection in certain circumstances.

Serve Notice

The party from whom you seek protection will be served an official notice of the pending court action and any ex parte orders against them.

Appear in Court

You and the other party appear in court to present your cases to a family law judge. He or she will issue orders accordingly.

Get Help from a Certified Family Law Specialist

Attorney Judy Burger can help you more in a confidential consultation. She knows how to take immediate steps to protect you and your privacy and can offer more guidance about what you should do next. Contact The Law Offices of Judy L. Burger at the location nearest you in North, Central, and Southern California to get the help you need to stop the abuse.