Category Archives: Domestic Violence

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

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.”

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.

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.

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.

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.

Child Custody, Domestic Violence

Penalties for False Child Abuse Allegations

March 21, 2024 TRIWriter

When child abuse allegations are made, it is crucial to take them seriously and investigate them thoroughly. The welfare of the child is paramount, and if the allegations are true, the offender should be held accountable. However, when false allegations are made, the consequences can be severe for everyone involved.

Certified Family Law Specialist Judy L. Burger explains more about the potential penalties for false child abuse allegations in California to prevent false accusations and protect the rights of all parties involved.

False Allegations of Child Abuse in California

False allegations of child abuse are taken seriously in California. It is considered a form of child abuse and can result in serious consequences for the accuser. False allegations can be made intentionally or unintentionally, and they can be made for many reasons, including:

To gain an advantage in a child custody battle
To get revenge on a spouse or partner
To deflect attention away from the accuser’s own misconduct
To seek attention or sympathy from others

None of these reasons are sufficient grounds for these actions.

California Family Code Division 8, Chapter 1, Section 3027.5. Sexual abuse of child; report or treatment; limitations on custody or visitation, paragraph b states:

“The court may order supervised visitation or limit a parent’s custody or visitation if the court finds substantial evidence that the parent, with the intent to interfere with the other parent’s lawful contact with the child, made a report of child sexual abuse, during a child custody proceeding or at any other time, that the reporting parent knew was false at the time it was made. A limitation of custody or visitation, including an order for supervised visitation, pursuant to this subdivision, or a statute regarding the making of a false child abuse report, shall be imposed only after the court has determined that the limitation is necessary to protect the health, safety, and welfare of the child. The court has considered the state’s policy of ensuring that children have frequent and continuing contact with both parents as declared in subdivision (b) of Section 3020.”

Penalties for False Child Abuse Allegations in California

False allegations of child abuse can result in severe legal consequences for the accuser. The penalties in California include:

Criminal Charges: Making false accusations of child abuse is a crime in California under State Penal Code § 11172. If found guilty, the accuser can be charged with a misdemeanor or a felony, depending on the severity. The penalties can include jail time and fines.
Civil Penalties: False allegations of child abuse can also result in civil penalties. The accused can file a civil lawsuit against the accuser for defamation, emotional distress, and other damages. If found guilty, the accuser may have to pay substantial damages.
Loss of Custody: False allegations of child abuse can also result in the loss of custody of the child. If the court determines that the allegations were made with the intent to harm or deceive, the accuser can lose custody of the child and may even have their parental rights terminated.
Criminal Record: If the accuser is convicted of making false allegations of child abuse, they will have a criminal record. This can make it challenging to find employment and housing and can also impact their ability to obtain custody of their children in the future.

Protecting the Welfare of Children

It is crucial to protect the welfare of the child in all cases of child abuse, whether the allegations are true or false. False allegations can harm everyone involved, including the accused, the accuser, and the child. Investigating all allegations thoroughly and taking appropriate legal action, if necessary, is essential.

If you or someone you know is facing false allegations of child abuse, it is crucial to seek legal guidance from a Certified Family Law Specialist to protect your rights and your child’s welfare. Attorney Judy Burger can provide the guidance and support you need to navigate this challenging situation and protect your family’s best interests. Contact us today to schedule a consultation.