Category Archives: Domestic Violence

Domestic Violence, Legal Separation, Marriage, Restraining Order, Termination of Parental Rights

Are Ex Parte Hearings Common?

October 29, 2024 TRIWriter

Ex parte hearings, also known as emergency hearings, are common in family law cases. These hearings allow one party to request immediate court intervention without the other party being present. They are typically used in urgent situations where waiting for a regularly scheduled hearing would cause irreparable harm. CA Certified Family Law Specialist Judy L. Burger shares some vital insights about emergency hearings.

What Is An Ex Parte Hearing?

The term “ex parte” comes from Latin and translates to “from one party.” It refers to a request made by one party to present evidence to the court with minimal or no notice to other involved parties. In California, these hearings are allowed in cases where there is an imminent threat of significant harm, and immediate action is necessary to prevent it.

Ex parte hearings are not meant to bypass the regular legal process. Instead, they are intended to address urgent matters that cannot wait for a scheduled hearing. The party requesting the ex parte hearing must demonstrate to the court that a genuine emergency requires immediate attention.

These hearings are subject to specific legal procedures and requirements and are typically granted only when there is a compelling reason to do so. The party requesting the hearing must provide clear and convincing evidence to support their request, and the court will carefully consider the potential impact of granting the emergency relief.

When Should I Request an Ex Parte Hearing?

Family disagreements can quickly escalate. Relationships can sour and become highly emotional. Child custody discussions between parents can sometimes become tense or even escalate to violence. In California family court, if you anticipate that discussions could become volatile or if you feel threatened, you have the option to request an ex parte hearing. In such a hearing, the court may grant emergency orders to protect you and your child, even in the absence of the other parent or party, if there is sufficient evidence to support your request.

Common reasons to request an ex parte hearing include the following:

To Protect a Child: Ex parte emergency orders are typically granted when there are allegations of child abuse, neglect, a threat of abduction, or other similar reasons when a child would need legal protection from serious harm.
To Prevent Physical Harm: Ex parte orders can be granted to protect an adult from possible domestic violence or other causes of imminent and serious harm. Preventing a personal injury from a previously violent person is a justifiable cause for an ex parte emergency order of protection. This includes if one parent threatens harmful actions if a sole custody petition is filed with the court.
To Prevent Financial Harm: Ex parte orders can also be requested if significant financial harm is imminent, threatened, or otherwise could cause serious loss to the victims. An example would be when one party claims a spouse is willfully destroying joint-owned property, leaving the first party without a means of support.

While ex parte hearings are relatively common in family law cases, they are reserved for urgent situations that require immediate court intervention. If you believe that you have a legitimate need for an ex parte hearing, it’s crucial to seek legal advice and assistance to ensure that your rights are protected and that the court fully understands the urgency of your situation.

California Ex Parte Hearings Attorney

In cases where custody matters are at risk due to impending harm or violence, or you feel threatened in any way, the Law Offices of Judy L. Burger can assist you in obtaining ex parte orders. If you find yourself in a situation where you or your child are facing abuse or feeling threatened, it is crucial to act.

A temporary restraining order may be necessary to safeguard you and your child from an abusive or manipulative spouse or parent. For immediate assistance in obtaining a restraining order, please reach out to the Law Offices of Judy L. Burger, which has eight offices across California to serve you.

Domestic Violence, Restraining Order

When Does a Threat Become Domestic Violence?

October 10, 2024 TRIWriter

“What is a threat?” “Can a threat be considered domestic violence, or is freedom of speech a factor?” “How do I know if I’m being threatened?” These are common questions family law attorneys get asked by clients in troublesome relationships.

Understanding the threshold at which a threat becomes domestic violence is crucial for recognizing and addressing abusive behavior in relationships. In California, domestic violence encompasses a range of abusive actions, including threats that create a climate of fear and intimidation. It’s important to be informed about when a threat crosses the line into domestic violence and the legal protections available to those affected.

Certified Family Law Specialist Judy L. Burger addresses threats and how they relate to charges of domestic violence in California.

What Is Domestic Violence?

The United States Department of Justice defines domestic violence as: “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.”

The California Family Code defines domestic violence as abuse perpetrated against an “intimate partner” or family member. This can include spouses, former spouses, cohabitants, individuals in dating relationships, parents, and children. While physical violence often comes to mind first, domestic violence also encompasses emotional and psychological abuse, including threats of harm.

Direct threats: “I’ll kill you…”
Indirect threats: “You’ll be sorry…”
Implied threats: “What if something happened to you…”

In the context of domestic violence, a threat can be considered abusive if it instills fear, apprehension, or intimidation in the victim. Even if the threatened harm does not materialize, the impact on the victim’s emotional well-being is considered.

Legal Domestic Violence Protections

California law offers legal remedies to address domestic violence threats. One important avenue is obtaining a Domestic Violence Restraining Order (DVRO). A DVRO is a court order that provides protection to victims of domestic violence by prohibiting the abuser from contacting or approaching the victim. It can also include other provisions, such as ordering the abuser to move out of the shared residence and to stay away from certain locations, including the victim’s workplace or children’s school.

Our office can also help you when gun violence restraining orders are necessary. Contact one of our eight California offices to learn more.

Get Help with Domestic Violence Crimes In California

When it comes to threats and domestic violence, it’s essential to take any indication of harm or intimidation seriously. If you are in immediate danger, it’s important to contact law enforcement. You should never hesitate to act when you believe you or your child are victims of domestic violence.

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.

Recognizing when a threat crosses the line into domestic violence is a critical step in addressing and preventing abusive behavior within relationships. Certified Family Law Specialist Judy Burger can help you be informed about legal definitions and available remedies so you can proactively protect yourself and your loved ones from the harmful effects of domestic violence threats. If you or someone you know is experiencing domestic violence, get help now.

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

California Divorce, Child Custody, Child Support, Domestic Violence, Legal Separation, Property Division, Restraining Order, Spousal Support, Termination of Parental Rights, Termination of Parental Rights, Visitation

Family Lawyer or Certified Family Law Specialist?

October 3, 2024 TRIWriter

When family law matters occur, you need a family lawyer, right? But what about complex situations? A Certified Family Law Specialist is just that – a certified specialist who handles complicated and difficult family law cases. When you have a heart problem, you don’t want a general practitioner; you want a heart specialist. Similarly, when your family has serious problems, turn to a CA Certified Family Law Specialist like Judy L. Burger.

What Is a Certified Family Law Specialist?

A Certified Family Law Specialist is an attorney who has been certified by the State Bar of California Board of Legal Specialization as having expertise in the area of family law. This certification is only awarded to attorneys who have demonstrated a high level of experience, proficiency, and commitment to family law through a rigorous process that includes examination and peer review. Certified Family Law Specialists are recognized for their specialized knowledge and proficiency in handling complex family law matters, including divorce, child custody, spousal support, complex property divisions, and other related issues.

A Certified Specialist Has Extensive Experience in Complex Cases

Certified Family Law Specialists are required to maintain their expertise by handling complex family law cases in order to expand their knowledge and experience. To maintain their certification, they must undergo recertification every five years, which involves completing additional continuing education and applying their extensive knowledge to assist California families.

A CFLS will have considerable experience with:

Divisive legal separations after a long marriage
Difficult divorces where the parties cannot agree on anything
Military divorces where both parties are actively serving
Complex business valuations where both spouses are owners
Sophisticated property divisions involving retirement and other investments
Heated mediations over support agreements
Emotionally charged situations involving different family backgrounds
Intense negotiations involving children and custody
Heart-wrenching discussions over grandparents’ rights
Litigating difficult child custody and support cases
Ex parte “emergency” hearings to stop or prevent abuse
Domestic violence assistance for spouses and children
Complex paternity issues for fathers
Completing and filing voluminous paperwork
More…

Experienced and highly knowledgeable in family law, Judy Burger, a Certified Family Law Specialist, brings a wealth of expertise and legal acumen to the table. Her extensive education, years of practical experience, and specialized certification make her an ideal choice for obtaining the results you seek in your family law matters.

A Family Law Generalist May Not Be Enough

Difficult family law matters are often mentally and emotionally challenging. The possible complexities and problems are legion and no two cases are alike. A general family law attorney may know the law, but highly charged issues with layers of complexity can be beyond their level of expertise. Realizing your lawyer is out of his or her depth in the middle of your divorce, child custody battle, or other personal matter is far too late. You could risk:

Losing custody
Limited visitation rights
Surrendering valuable assets
Burdensome support agreements
Your personal safety
Your family’s welfare
Your reputation
Your future

An experienced CFLS like Judy Burger encounters tough cases on a regular basis, so she has experience and resources a general family law attorney simply doesn’t have. If you anticipate a volatile situation in the making, now is the time to see a specialist for seasoned guidance, advice, and representation.

Don’t risk your safety, your family, or your future. Contact The Law Offices of Judy L. Burger, Certified CA Family Law Specialist, to schedule a consultation today. Our team is prepared to go above and beyond what a mere family lawyer can do for you!

Child Custody, Domestic Violence, Restraining Order

Child Custody Matters That Warrant Ex Parte Hearings

September 19, 2024 TRIWriter

If you need urgent legal orders to protect a child from harm, prevent personal injuries, or address other time-sensitive matters pertaining to child custody, you may need an Ex Parte Hearing. Also known as “Emergency Hearings,” these proceedings are typically requested by one party with little or no notice to the other involved parties. They are reserved for situations where imminent harm requires immediate action from the court.

The Law Offices of Judy L. Burger and her team specialize in handling the intricate paperwork and representation for ex parte hearings. Contact one of our California offices nearest you to learn more and get help with child custody matters and emergency hearings.

What Is an Ex Parte Emergency Hearing?

The term “Ex Parte” originates from Latin, meaning “from one party.” It is a request from a single party to present evidence to the court with little or no notice to other involved parties. In California, such hearings are permitted when there is an imminent threat of significant harm and immediate action is necessary to prevent it. This can include child custody matters.

The court can grant this emergency hearing and issue legal orders to protect parties from harm in extreme situations that make custody battles difficult or dangerous.

Child Custody Emergencies

Child custody discussions between parents can become heated and even violent. If you believe there is a good chance the discussions could turn bad or you feel threatened, you can request an ex parte hearing in a CA family court. If the court finds sufficient proof for emergency orders to protect you and your child, they may grant them even if the other parent is not present. Common reasons to request an ex parte hearing include the following:

To Protect a Child: Ex parte emergency orders are typically granted when there are allegations of child abuse, neglect, a threat of abduction, or other similar reasons when a child would need legal protection from serious harm.
To Prevent Physical Harm: Ex parte orders can be granted to protect an adult from possible domestic violence or other causes of imminent and serious harm. Preventing a personal injury from a previously violent person is a justifiable cause for an ex parte emergency order of protection. This includes if one parent threatens harmful actions if a sole custody petition is filed with the court.
To Prevent Financial Harm: Ex parte orders can also be requested if significant financial harm is imminent, threatened, or otherwise could cause serious loss to the victims. An example would be when one party claims a spouse is willfully destroying joint-owned property, leaving the first party without a means of support.

The Law Offices of Judy L. Burger can help you obtain ex parte orders in family court when custody matters are threatened by imminent harm or violence. You may also need a temporary restraining order to protect you and your child from an abusive or manipulative spouse/parent. 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. We have eight offices across California to serve you.

Know When to Act

Disagreements between separated or divorcing parents can go awry for any number of reasons. Custody discussions can break down, and alarming reactions may threaten your mental and physical safety and that of your child. It is important to act swiftly and learn about the various legal means at your disposal.

If you find yourself in a situation where an ex parte hearing may be necessary, it’s crucial to seek assistance from a California Certified Family Law Specialist like Judy L. Burger. Her expertise and experience in handling such matters can provide the guidance and swift action needed to address threatening domestic circumstances through legal means. Contact us immediately to explore your options and get the help you need.

California Divorce, Child Custody, Domestic Violence, Legal Separation, Marriage, Mediation, Property Division, Restraining Order, Restraining Order, Termination of Parental Rights

Can a California Restraining Order Keep Me Safe?

August 22, 2024 TRIWriter

A California restraining order “(also called a ‘protective order’) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed.” But can a restraining order keep you safe? Certified Family Law Specialist Judy L. Burger explains the basic provisions of California restraining orders and how they work.

Types of Restraining Orders

Restraining orders in California can include prohibitions or guidelines for:

Personal Conduct
Distance Exclusions (Stay-Away Orders)
Moving Out (Residence Exclusion Orders)

These orders come in various types:

The subject of the restraining order has restrictions that govern their:

Movements
Freedoms
Living arrangements
Custody and visitation rights
Immigration and naturalization status or privileges

Restraining orders are designed to keep parties separate and govern the actions of one party to minimize or eliminate the risk of harassment, intimidation, and violence.

When Should I File for a Restraining Order?

Many California residents struggle with the question of when it is appropriate or necessary to file for a restraining order with the court. They ask, “How far is too far?” or “How much should I endure?” before a restraining order is warranted. However, if you are asking that question, it may already be time to seek legal protections.

If you ask, “How far is too far?” or “How much should I endure?” before a restraining order is warranted, it is likely time to seek legal protection.

Contact The Law Offices of Judy L. Burger for assistance with obtaining a California restraining order or call the National Domestic Violence Hotline at 1-800-799-7233 for immediate help.

If the restrained person violates the restraining order, they may be subject to imprisonment, a fine, or both.

Be Proactive About Your Safety

A legal protection order is a strong defense, but it is only one aspect of protection. You should be proactive about your own safety and the safety of your child(ren). Family Law Attorney Judy Burger can discuss specific provisions with you, but we recommend taking the following actions:

Being aware of your surroundings at all times
Keeping doors and windows locked at all times
Avoiding places or areas where the risk of confrontation is high
Do not share your residence information, plans, or whereabouts on social media or with anyone
Create an emergency plan in case you need to leave your home or another location
Use a third party for any necessary communications with the restraining order subject
Immediately report all violations of the restraining order’s provisions

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 and help you keep yourself and your children safe. Contact one of our eight offices across the state for more information.

Get Help Filing for a Domestic Violence Restraining Order

The Law Offices of Judy L. Burger can help you file a petition to the court for various restraining orders. The petition outlines the details of the threats or abuse prompting the order request and includes dates, locations, and all relevant facts. We will also help you collect evidence like videos, images, social media posts, damaged property, physical evidence on your body, medical reports, witness statements, and more. Our team will also help you determine the type of restraining order you need and what you need it to do.

California Divorce, Child Custody, Domestic Violence

Tips for Proving Child Abuse in a Custody Hearing

August 20, 2024 TRIWriter

In many custody cases, parents prioritize their child’s well-being above all else. However, in some situations, a child may not be safe with one of their parents, especially if there is a history of domestic abuse or child abuse or if there are concerns about the child being exposed to a potentially dangerous environment.

While it’s crucial for a parent to safeguard their child, it’s important to note that child abuse allegations are treated with the utmost seriousness by the courts and should not be made without careful consideration. Certified California Family Law Specialist Judy L. Burger can help you prove child abuse in your custody hearing to keep your children safe. Here are some things you should know.

Recognizing Child Abuse

The Federal Child Abuse Prevention and Treatment Act (CAPTA) as amended by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at minimum:

“Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation;” or
“An act or failure to act which presents an imminent risk of serious harm.”

California law defines child abuse as:

Physical injury inflicted on a child by another person
Sexual abuse, or
Emotional abuse

Child abuse can take many forms, including causing physical or psychological harm. While physical abuse may leave visible marks like bruises, psychological abuse can be harder to detect. Signs of psychological abuse may include a child becoming withdrawn or losing interest in activities they used to enjoy.

Emotional abuse and neglect may be more harmful in the long term than physical or sexual abuse.

It’s crucial for parents to be aware of these signs, as children who are being abused may be too young or scared to report it themselves. You may need help from medical or mental health professionals to help detect child abuse.

Proving Child Abuse

Proving allegations of child abuse in court or your custody hearing requires hard evidence. Hearsay – repeating what someone else told you – is not admissible evidence. Hard evidence that can withstand legal challenges by the defendant’s attorney is documented proof of actual abuse.

While this sounds simple, it can become complex. Sometimes, you may only be able to document the changes reflected in a child’s behavior that may point to abuse.

Here are some recommended ways to prove child abuse in a California family court:

Official Documentation

Official documents that show physical evidence of abuse reflect possible abusive behaviors or indicate a pattern of change in behavior that can indicate abuse are admissible. These can include:

Medical records (exam documentation, photos, mental evaluations, etc.)
School reports documenting grade changes or behavior shifts
Police reports of any incidents involving the other parent
Records showing missed or denied parenting time or parenting plan violations

Witness testimony

Witnesses provide context for your allegations and may offer credible first-hand evidence of abusive behavior. They can provide:

Written testimony
Video or photographic evidence
Out-of-court depositions
Live witness testimony
Expert custody evaluations (mental health experts, court-appointed parenting coordinators, home study professionals, etc.)

Custody Journals

A custody journal can help illustrate your relationships with the child and the other parent. You can document:

Situations in which you don’t believe the other parent acted in the child’s best interests
Interactions with the other parent
Attempts to comply with existing custody agreements
Quality time you spend with the child
The child’s emotional state
The child’s medical appointments
The child’s behavior
The child’s own comments

Reporting Child Abuse

If a parent has concerns about their child being abused by the other parent or someone in the other parent’s household, they have the right to ask the court for an order to limit or remove the other parent’s custody rights. If the court finds evidence of abuse, it will issue either a temporary or final order with custody terms that ensure the child’s safety.

Note: You cannot simply decide to ignore existing visitation or other parenting agreements if you suspect abuse or neglect. You could be held in contempt of court.

If you suspect abuse or the potential for abuse or harm, contact The Law Offices of Judy L. Burger. We can help you contact the Child Protective Services Department in your county and arrange for emergency responses. Our office can also petition the court for an ex-parte order to help keep you and your child safe until a court hearing can make more permanent decisions.

Domestic Violence, Restraining Order

What Qualifies as Domestic Violence in California?

August 6, 2024 TRIWriter

What acts qualify as Domestic Violence under California Law? Suffering physical, psychological, or emotional abuse is never OK. Get the facts about Domestic Violence and when you should request a domestic violence restraining order to protect you and your family. California Family Law Attorney Judy L. Burger can help you understand when you should petition the court for a restraining order.

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

Defining Domestic Violence

Domestic violence, according to California law, encompasses any type of abuse inflicted upon an “intimate partner.” This includes the deliberate or careless application of physical force against the individual or the act of threatening to use force against them.

The California Penal Code defines an “intimate partner” in the broadest possible way, so that can include:

Your spouse
Your former spouse
Your domestic partner
Your former domestic partner
A person with whom you’ve had a child
A current live-in romantic partner
A former live-in romantic partner
Someone you date
A person you dated previously

Other persons may also be victims of domestic violence under CA law:

Children
Your brother/half-brother/step-brother
Your sister/half-sister/step-sister
Parents
Grandparents
Your niece
Your nephew
Your uncle
Your aunt
Anyone related to you within the second degree by blood or marriage

Judy L. Burger is a Certified Family Law Specialist who can be a strong and aggressive advocate in highly conflicted domestic matters when you need the law on your side. Contact us for immediate help.

Common Acts of Domestic Violence

Charges of domestic violence vary under California law, depending on the severity of the crime and the surrounding circumstances. Many violent acts are specifically defined under the Penal Code. Some of the most common include:

Corporal Injury Upon a Spouse or Cohabitant – this counts even for slight injuries.
Child Abuse – is defined as inflicting “cruel or inhuman corporal punishment or an injury resulting in a traumatic condition” upon a child.
Domestic Battery – using force or inflicting harm on an intimate partner.
Child Endangerment – willfully allowing a child in your care to be harmed or allowing her or his safety to be endangered, including actions or neglect.
Child Neglect – this is willfully neglecting to provide the basic necessities for your minor children.
Stalking – harassing or threatening so as to cause fear for your or your family’s safety.
Criminal Threats – threatening anyone with serious harm.
Aggravated Trespass – entering a home or workplace to carry out a threat within thirty days of making it.
Posting Harmful Information on the Internet (“Cyberstalking”) – making harmful information about someone else available by posting or emailing the material.
“Revenge Porn” – intentional distribution of sexual images of another person with the intent to cause them emotional distress.

Domestic Violence Penalties In California

In California, most domestic violence offenses are known as “wobbler” offenses, which means they can be charged as either misdemeanors or felonies, depending on the specifics of the case. Factors such as prior criminal record and the extent of the victim’s injuries are considered when determining whether to pursue misdemeanor or felony charges for an act of domestic violence.

Penalties range from probation with certain freedoms to fines, county jail, or state prison time. Domestic violence misdemeanor convictions also impose a ten-year ban on owning or possessing firearms. Persons convicted of felony domestic violence charges fall under the “Felon In Possession of a Firearm” law and are under a lifetime ban from owning firearms.

Some federal domestic violence misdemeanors also impart a lifetime firearm ownership ban.

Get Help with Domestic Violence Crimes In California

You should never hesitate to act when you believe you or your child are victims of domestic violence. Do not wonder how long you must suffer – 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.

California Divorce, Child Custody, Domestic Violence, Mediation, Restraining Order, Termination of Parental Rights

Domestic Violence and Parenting Plan Modifications

July 25, 2024 TRIWriter

Parenting plans are created to meet the unique needs of a divorced or separated family. When domestic violence has been present, your parenting plan needs to provide safety for you and your children. California Certified Family Law Specialist Judy L. Burger helps families when domestic violence makes parenting plan modifications necessary.

What Is a Parenting Plan?

A parenting plan is a comprehensive set of agreements for how separated or divorced parents will care for their children. It includes many factors, including:

Custody agreements
Visitation schedules
Sharing costs for the child’s care
Arrangements for holidays and school breaks
Exchange arrangements
Phone and video contact with the children
Communication between parents
Authority for making decisions for the child
Religious matters
More…

No two parenting plans are the same due to differing schedules, needs, locations, and many other factors. The factors above and many more should contain elements that keep you and your child safe when there has been domestic violence.

Creating a Parenting Plan

Often, parents work together to create a workable parenting plan to care for their children. The court will review this plan, determine if it needs legal requirements, serve the child’s best interests, and approve it. However, in cases of domestic violence, this may not be possible or safe. You may need a legal representative to act on your behalf to create or modify an existing parenting plan to help you and your child stay safe.

Your attorney will need to provide credible evidence of domestic violence and prove beyond a reasonable doubt that it is likely to continue. Then, a judge will be far more likely to agree to a parenting plan or modifications to an existing plan that contains elements to prevent future harassment or abuse.

Family Law Attorney Judy Burger is an effective negotiator if you feel threatened or fear mistakes in an agreement could place you or your child in jeopardy. She has a wealth of experience in working out parenting plans and custody agreements in difficult situations. In some cases, the judge will ultimately decide the best agreement. This is particularly true in cases of substance abuse, domestic violence, mental illness, or incarceration.

Domestic Violence and Parenting Plan Modifications

Sadly, domestic violence does not cease after separation or a divorce. In fact, the separation may only antagonize the other party and cause conflict to escalate. Your parenting plan needs to include specific provisions to prevent contact wherever possible. Vague or unclear parenting plans open the door for more abuse or harassment.

A CA Domestic Violence Attorney like Judy Burger has the knowledge and experience to include certain specific elements in a modified parenting plan to prevent contact, communication, and unsafe situations. Some measures she may recommend can include:

Keeping your living arrangements private and secure
Having a neutral third party exchange the child between parents
Exchanging the children in a public place in full view of security cameras or guards
Restricting communication between parents and children (prohibiting video calls so the other parent cannot see into your home)
Using an app for all communications so there is documentation
Keeping travel plans and daily activities private
Sole legal custody

The Law Offices of Judy L. Burger knows how to gather evidence to help convince the court that your proposed parenting plan modification is in your and your child’s best interests. She can represent you before the court, handle communications and negotiations, and otherwise help you remain safe during the proceedings. Our office can also help you when domestic violence or gun violence restraining orders are necessary.

Keep Your Family Safe from Domestic Violence

Domestic violence survivors may fear discussing custody and parenting plan modifications with the other parent. Relationships can be difficult, and meeting in person may not be safe. Reaching a safe agreement with the other parent may not be possible, especially without help. Keep yourself and your family safe from domestic violence. Contact The Law Offices of Judy L. Burger in California for experienced help with parenting plan modifications.

Domestic Violence, Restraining Order, Restraining Order

CA Gun Restraining Orders

July 18, 2024 TRIWriter

The Golden State has some of the toughest gun laws in the United States to protect its citizens from domestic violence and firearm crimes. CA Gun Restraining Orders were approved in 2016 by the state legislature so “family members, household members, some employers, colleagues, teachers, and law enforcement can take action to prevent a person who poses a significant risk of harming themselves or others from having or purchasing a gun, ammunition, or magazine for a specified length of time, between 21 days and five years.”

When would you need a Gun Violence Restraining Order (GVRO), and what protections does it provide? CA Certified Family Law Specialist Judy L. Burger discusses CA Gun Restraining Orders and how they work.

California Domestic Violence and Firearm Restrictions

California law prohibits anyone from buying or owning firearms for 10 years after a violent misdemeanor conviction, including stalking, assault, and battery, no matter the victim’s relationship to the offender. Newer legislation now provides a lifetime firearms ban on anyone convicted of willfully inflicting corporal injury resulting in a traumatic condition against a current or former spouse, cohabitant, or dating partner or against the mother or father of the offender’s child after January 1, 2019.

California law also prohibits anyone subject to several types of court orders from buying, receiving, owning, or attempting to buy a firearm or ammunition while the order is in force. This includes domestic violence restraining orders, civil harassment orders, workplace violence restraining orders, and more.

California also prohibits people who are subjects of domestic violence restraining orders from owning or possessing ammunition and certain ghost gun kits and firearm components.

How Do CA Gun Violence Restraining Orders Work?

“The GVRO provides an opportunity to remove guns from individuals who would not otherwise be prohibited from possessing firearms.” Those in a close relationship with a person facing a crisis and whom they fear is at significant risk of lethal behavior (to themselves or others) may petition the court for a GVRO. This legally binding order reduces the risk of gun-related violence for between one to five years, allowing the person in crisis to get help.

The judge may issue a temporary Gun Violence Restraining Order before the scheduled hearing and may also grant other restraining orders as deemed necessary. A temporary GVRO is good for 21 days. If the judge grants a 1-5-year GVRO, a law enforcement officer will serve the papers to the person and collect any firearms, ammunition, and magazines. The subject of a GVRO cannot legally purchase any firearms, magazines, or ammunition while the order is in force. A GVRO may be extended by the court.

What a GVRO Does

A GVRO requires that all firearms and ammunition be relinquished by the subject of the order and prohibits the subject of the order from purchasing any guns or ammunition while the order is in effect.

What a GVRO Does Not Do

A GVRO does not affect knives or other non-firearm-type weapons. It does not include an order of protection for anyone. Additional protective orders may be granted by the court if needed.

Get Help with Gun Restraining Orders in California

Relationships can become complicated, and the risks of violence can escalate quickly. CA Certified Family Law Specialist Judy Burger can help you when you need legal protection or seek to protect someone close to you from committing harm or harming themselves. Contact one of our eight offices across California to schedule a consultation. We can answer your questions about Gun Violence Restraining Orders and other types of restraining orders, offer advice, help you file petitions with the court, and get the help you need now.

California Divorce, Child Custody, Child Support, Domestic Violence, Mediation, Property Division, Property Division, Restraining Order, Spousal Support

What Makes a CA Certified Family Law Specialist Different?

June 6, 2024 TRIWriter

Family law matters are often intensely personal and highly emotional. Dealing with families and relationships is always complex and much is at stake for everyone involved. You want more than an attorney when family law issues arise – you want a specialist. California Family Law Attorney Judy L. Burger is a Certified Family Law Specialist who is able to handle complex personal cases through court petitions, negotiation, and litigation.

What makes a CA Certified Family Law Specialist different from run-of-the-mill family law and divorce lawyers?

A High Level of Specialization

Obtaining a law degree and passing the California State Bar exam to practice law is only the beginning. Certified specialists in any area of law must pass a rigorous set or requirements to demonstrate their exceptional knowledge, experience, and proficiency. Only after completing this extensive process does the state bar award the attorney a specialist certificate.

To become a Certified Family Law Specialist in CA, attorneys must satisfy the following prerequisites:

Pass a written examination
Continuously practice law in their specialty area for at least five years
Complete continuing education in their specialty area
Receive favorable evaluations by other attorneys and judges
Demonstrate experience in a variety of family law matters, including divorce, child custody, child and spousal support, domestic violence restraining orders, property division, and more.

Becoming a certified family law specialist takes time, experience, and extensive knowledge.

Superior Experience in Family Law Cases

Certified Family Law Specialists must continue to demonstrate their expertise by handling complex family law cases to further broaden their knowledge and experience. Recertification every five years requires more continuing education while putting this extensive knowledge into action helping California families.

A CFLS will have considerable experience with:

Messy divorces
Complex business valuations
Sophisticated property divisions
Tense negotiations
Filing petitions with the court
Advising clients
Litigating difficult child custody and support cases
Ex parte hearings
Domestic violence
More…

Seasoned representation by a Certified Family Law Specialist like Judy Burger means the putting encyclopedic knowledge, extensive education, years of real-world experience, and measured expertise in your corner. She is vastly more qualified to help you get the results you need and want than other non-certified family law attorneys.

Why Should I Choose a Certified Family Law Specialist Instead of a Family Law Attorney?

Family law matters can be rough on you mentally and emotionally. The possible complexities and problems are legion and specific to every case. However, a CFLS has likely encountered similar cases before and has experience helping families find solutions. If you anticipate a difficult road ahead in your divorce, child custody, support, or related matters, choose a CFLS like Judy L. Burger.

Here are some examples of cases where we recommend a Certified Family Law Specialist:

Both parties have agreed to a divorce, but that’s all you agree on.
You have differences of opinion about matters like college debt, large real estate holdings, retirement funds, and other asset divisions.
You have small children still at home and cannot agree on a custody and support arrangement.
Both parties grew up in different cultures, so family rights and extended family concerns are involved.
Both parties jointly own a business.
One or both divorcing parties are active duty military.
You or your child’s safety is threatened.
You or your child are victims of abuse.

CFLS Judy Burger has trained for just these and many other situations so she knows how to help you. In fact, she’s been there with other families before. She can guide you through negotiations, difficult conversations, far-reaching decisions, and even embattled litigation with compassion and fortitude.

When you need stable counsel and steady legal representation through one of the most difficult times of your life, you need the services of a Certified Family Law Specialist. Contact The Law Offices of Judy L. Burger as soon as possible to discuss your case and next steps. We have offices throughout California for your convenience.