Category Archives: Domestic Violence

Standard Child Abuse and Neglect Legal Procedures in California

ChildofDivorceWhen someone files a credible report regarding a child in danger, an investigation must be conducted by either a social worker or the police. They will decide if the child appears to be in imminent danger and whether it is necessary to remove the child from his or her home. Police or the social workers may decide that a child should be placed in temporary foster care for his or her safety if they believe the child was neglected, molested, or abused. The child may be sent to live with a relative, to the other legal parent if the parents do not live together, or to a foster home or shelter. Once a child is removed from the home, social services should conduct a deeper investigation about the home environment, the parent or other caretakers, and the child. After an investigation, social services will make recommendations regarding what action they consider to be best for the child’s safety and personal wellbeing. They may recommend filing a petition in court to have a child declared “dependent.” If you believe you have been wrongfully targeted by social services and need someone on your side to fight for you and your child, seek the help of an experienced family law attorney as soon as possible. A delay could be used against you by social services later. At the Law Offices of Judy L. Burger, we will aggressively pursue the best outcome possible for you in your divorce or custody proceedings.  Judy L. Burger is known for taking a firm stand in representing clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  Contact us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.

What are California’s Rules for Spousal Support?

When is Spousal Support Allowed?
When is Spousal Support Allowed?
Spousal support, also known as alimony, is a payment made by one spouse to the other for support during or after legal separation or divorce.  A party can ask the court in his or her first filing to award temporary alimony to help the party meet expenses during the divorce. Similarly, a party seeking a domestic violence restraining order may also seek spousal support. A judge must consider certain factors before awarding spousal support, such as the ages of the parties, the standard of living of the parties during the marriage, the earning capacity of both parties, and the length of the marriage or domestic partnership.  Domestic violence committed by one party against the other may also be considered. Spousal support generally falls into one of two categories depending on the intended purpose of the alimony.  Rehabilitative alimony is intended to help a spouse get on his or her feet financially and usually is limited to a specific amount of time.  Permanent alimony may include monthly payments, lump sum payments, annuity payments, or trust payments.  Permanent alimony usually terminates upon the remarriage or romantic cohabitation of the receiving spouse or upon the death of either party. The Law Offices of Judy L. Burger can assist you in pursuing or defending a claim for spousal support.  Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are in need of assistance regarding alimony, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916) 631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.

Can I Get a Restraining Order Against My Spouse While I’m Still Married?

Domestic violence affects every class and race in every city and county in California. Sometimes the abuse remains hidden, but help is available through law enforcement and the courts. The first step beyond a routine police report for a victim of domestic violence is often seeking a restraining order against the abuser, and it is possible to get a restraining order against your husband or wife while you are still married. When children are involved, the urgency of the situation escalates rapidly. While a restraining order is only a piece of paper and may not stop a determined abuser, it can be an effective deterrent for an abuser who values his freedom. An abuser who violates a restraining order can be arrested on the spot and jailed for a time — at least long enough for victims to seek a safe place. At the Law Offices of Judy L. Burger, we offer the full range of legal services for victims of domestic violence. We can seek a restraining order, a temporary custody and support order if necessary, and aggressively pursue a divorce at the same time. We believe in striking fast and finishing strong in high conflict cases, including those where domestic violence is a factor. It is important to note that over many years of practicing law, we have seen cases where a spouse claims domestic violence where there is no evidentiary support for the abuse. We strive to represent the facts to a court honestly and will not knowingly present false information. If you are a spouse who has been accused of domestic violence where none exists, and you believe the accusation was made to enhance your spouse’s standing in a pending divorce or custody case, contact us to discuss your options. The Law Offices of Judy L. Burger can assist you in fighting for your rights and those of your children in a divorce, custody, or visitation matter involving domestic violence in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around Sacramento and the San Francisco Bay areas. If you are in need of a restraining order due to domestic violence, or need help dealing with allegations of domestic violence in a divorce or custody setting, call us today to learn more about how we can help you. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.