How to File a Restraining Order in California

March 30, 2020

Deciding to file a restraining order is not easy. You may need protection but may not know where to start. How can you protect yourself and your loved ones quickly? What type of restraining order do you need? Do you know how to file a restraining order in California? Fortunately, filing a restraining order is easier with an experienced family law attorney on your side. Your attorney can help you through this difficult time and protect you and your family.

Types of Restraining Orders in California

There are three main types of restraining orders in California. These restraining orders prevent individuals from coming close to you for specified amounts of time. Understanding these restraining orders is important when filing.

Emergency Protective Order

Only a law enforcement officer can request an emergency protective order. This most often occurs after police enter a property for domestic violence. If the officer has reason to believe that domestic violence occurred, they can file an emergency protective order. A judge issues this order and it is enforceable for one week. This order prevents the abuser from re-entering the home, even if they share this home with the victim.

Temporary Restraining Order

You can apply for a temporary restraining order if you are in immediate danger and need protection. These orders typically last from 20 to 25 days. In the end, you must attend a hearing to determine whether the judge will issue a permanent restraining order. A temporary restraining order offers immediate and quick protection from abuse and harm.

Permanent Restraining Order

Once a temporary restraining order expires, a judge will decide whether to issue a permanent restraining order. During the hearing, the judge will review the details of the case and determine if the person asking for protection is in danger. If a judge issues a permanent restraining order, the length of protection time varies. A domestic violence restraining order is valid for five years. A civil harassment restraining order is valid for three years.

How to File a Restraining Order in California

Before filing a restraining order in California, it is important to seek legal help. Our San Jose restraining order attorney may be able to help you during this time. There are many steps involved in filing a request for a protection order. It is important to file the correct paperwork. In general, there are several steps for filing a request for a restraining order. These steps may include:

Step One:

Fill out various court forms including, but not limited to:

  • Request for Domestic Violence Restraining Order (DVRO)
  • Notice of Court Hearing
  • Temporary Restraining Order
  • Request for Child Custody and Visitation Orders
  • Child Custody and Visitation Order
  • Request for Order: No Travel With Children

Step Two:

File court forms with the court.

Step Three:

Have the restrained person served papers.

Step Four:

Attend the court hearing.

Contact Our San Jose Retaining Order Attorney for Help

If you need to file a restraining order, it is important to know what to do. This is often a difficult decision and one you should never face alone. As such, it is important to find an experienced San Jose restraining order attorney to fight for you.

At the Law Offices of Thomas Nicholas Cvietkovich, we offer free consultations to help you during this stressful time. Our lawyer will meet with you to discuss your future and help answer all of your questions about your restraining order. Call us today at (408) 404-8656 or fill out our online contact form. We are here when you need us.

How to Prepare for a Divorce in California

February 28, 2020

Are you considering a divorce? If so, you already know that it is not easy. Before filing for divorce, it is important to have an exit plan in mind. Pre-divorce planning is crucial, and it involves meticulous preparation and financial strategies. It involves thinking about the children and how you will care for them after your separation. Yet, life after divorce does not have to be difficult. Our San Jose divorce lawyer can help you prepare for a divorce in California.

Preparing for a Divorce in California

When preparing for a divorce, it is important to consider many different aspects. With a little preparation and hard work, you can make the divorce process easier.

Finances

One of the scariest parts of getting divorced is figuring out how you can support yourself. As such, pre-divorce financial planning is a must. Do not plan on spousal support or child support to pay most of your expenses.

Evaluate your financial situation and the expenses surrounding your new cost of living. A financial advisor and a divorce lawyer can help you plan for the financial aspects of life after divorce.

Career

If you do not already work outside of the home, make a plan for how you will earn money after your divorce. Before getting a divorce, you may want to consider going back to school or looking for a job. If you already have a job, you may also consider career counseling or job training to enhance your current salary.

Paperwork

Getting divorced involves compiling a lot of paperwork and statements. Prepare copies of the most recent financial records and assets. This will make the divorce process smoother in the long run. It may also prevent specific statements from going missing. Before your divorce, gather the following documents:

  • Bank statements
  • Credit card statements
  • Investment account records
  • Retirement account statements
  • Loan applications
  • Last three to five years of tax returns
  • W2 copies
  • Property tax bills
  • Mortgage statements
  • Credit reports

Support

Going through a divorce is emotionally draining and difficult. The process can bring up many unwanted negative emotions and feelings. Before beginning the process, it is a good idea to develop a strong and solid support system. Consider going to see a professional counselor so you can begin processing these feelings and emotions as they arise. Surround yourself with family and friends who love you and who can help you through this time.

Children

If you have children, it is important to think about their needs before divorcing. Plan on how you want to continue raising them and how much parental involvement you would like to have.

Make a plan for how you will tell the children about the divorce. Gather support for them as well, such as family therapy. Divorce may mark the end of your family unit as you once knew it. However, it does not signal the end of your family. Reassure your children that their family is changing, but not disappearing.

Contact Our San Jose Divorce Lawyer

If you want a divorce, it is important to plan ahead. There are many things to consider before filing the paperwork, such as finances and parenting time. As such, it is important to talk to an experienced and skilled San Jose divorce lawyer as soon as possible.

At the Law Offices of Thomas Nicholas Cvietkovich, we offer free consultations to help you during this difficult time. Our San Jose divorce lawyer can work with you one-on-one and help answer all of your questions about divorce. We can help you prepare for your new life after divorce. Call us today at (408) 404-8656 or fill out our online contact form.

Understanding California Grounds for Divorce

November 15, 2019

In the past, spouses who wished to divorce in California needed to prove fault to receive a divorce. Some of the California grounds for divorce included adultery, abandonment and substance abuse.

Fortunately, times have changed. Divorcing couples no longer have to prove fault to get divorced.

If you are considering a divorce in California, it is important to know the grounds for divorce. California grounds for divorce are straightforward. You can get a divorce on the grounds that the marriage is irrevocably broken. Simply wishing to divorce is enough.

Is California a No-Fault Divorce State?

California is a no-fault divorce state. That means that anyone can file for divorce for any reason. You can petition for a divorce even if your spouse contests the divorce.

You do not need to prove infidelity or establish that your spouse did anything wrong. Keep in mind, though, that the court will consider other circumstances, such as domestic violence, when making determinations about issues including:

  • Alimony or spousal support
  • Child support
  • Child custody

Rules for Divorce in California

While you may not need to prove fault to divorce in California, there are some requirements:

  • There is a mandatory six-month waiting period before the divorce is finalized
  • One of the parties must be a resident of California for at least six months before filing for divorce.
  • The filing must occur in the county where either party resides.
  • Either party must have resided in that county for at least three months.

How Can a Divorce Attorney Help Me?

When filing for a divorce, a divorce attorney can help you through the process. Divorce is complicated and often contentious. Emotions often run high.

During this time, individuals are often concerned about parenting rights, financial assets and their futures. You and your spouse will have to find resolution on many different matters, including:

  • Division of assets
  • Child support
  • Child custody
  • Parenting plans

Contact Our San Jose Divorce Lawyer Today

If you are considering divorce in California, it is important to know when and how you can file for divorce. California divorce laws are different from divorce laws in other states. As such, it is important to talk to an experienced and skilled San Jose divorce lawyer as soon as you are able.

At the Law Offices of Thomas Nicholas Cvietkovich, we offer a free initial consultation to help you during this difficult time. Our San Jose divorce lawyer can work with you one-on-one to answer your questions and help you choose the path that is best for you. Call us today at (408) 404-8656 or fill out our online contact form for more information.

Four Tips for Long Distance Co-Parenting

September 15, 2019

Going through a divorce and subsequent child custody battle is difficult enough. Long distance co-parenting can feel even harder. But it doesn’t have to be that way.

Here are a few tips to help you navigate long distance co-parenting with relative ease:

Tip: Create a Detailed Schedule

The first step you can take toward organized, long distance co-parenting is to create a detailed schedule. Understand that you might not always be able to attend your child’s soccer game or piano recital, but you will be able to share the important moments.

Initially, you will want to create a solid schedule of visitation time. Maybe once a month or — if the distance is greater — once every three or four months. Determine which holidays will be shared between parents and who will travel each time.

It is important to consider more than in-person visitation periods when designing your schedule. Make a note of important milestones in your child’s life and be sure to reach out as they pass. Birthdays and holidays should not go unnoticed, and you should attempt to contact your child weekly. 

Tip: Use Technology to Your Advantage

There are many ways to communicate with your child outside of a traditional phone call. You can also video chat with Skype or Facebook Messenger, send pictures with Snapchat, or play games together. Some games played on your phone, like Hayday, allow you to interact with your child regularly in a kid-friendly environment.

When it comes to important school projects and homework, you can use Google Drive to check and discuss your child’s progress. Family pictures can be stored and shared through the cloud. Long distance families have this technological leg-up over previous generations, so take advantage. 

Tip: Communicate

Perhaps the most important step of the process is developing a strong line of communication, both between yourself and your child and — if possible — between yourself and your ex-spouse. Divorce can be complicated, but the friendlier the communication between you and your ex-spouse, the better for your child’s emotional well-being.

There will inevitably be times when your visits do not go as planned. For example, your child may be sick and cannot see you, or maybe you have to work and cannot make the trip yourself. In these situations, it is imperative that you communicate openly and do not project your frustrations onto your child.

Tip: Consider Unique Arrangements

When both ex-spouses live nearby, children often spend every other weekend (or every other week) with each parent. But for parents that live in different states, this may be impossible. 

One parent will, for the sake of ease, be the primary caregiver. The child will attend school in their state and have a room in their house. You can arrange for one parent to have their child during summer break and holidays — but, as your child grows, this arrangement may become more difficult.

Remember that your family does not have to fit any “normal” expectations. Let your schedule adapt to your needs by evaluating your schedule on a case-by-case basis. If you need assistance in making these decisions, our San Jose family law lawyer can help.

Contact an Experienced Family Law Attorney for Assistance

Long distance co-parenting may seem impossible at first. However, with the right assistance and a strong family dynamic, these relationships can thrive. For professional advice, contact our team at the Law Offices of Thomas Nicholas Cvietkovich by calling (408) 404-8656. You can also fill out our online contact form.

Pets Are Finally Family Under a New California Divorce Law

December 7, 2018

California pet parents rejoice! Governor Brown signed Assembly Bill 2274 (AB 2274), which will amend California’s Family Code in concern to how family pets are treated in court during a divorce or separation.

Currently, when a couple legally divorces or separates, our furry friends are not given too much consideration. They are treated as community property meant to be divided equally, but pet parents everywhere know that their pets are not the same as their coin collection or dining room table.

Usually, whoever is on their pets’ adoption certificates or sales receipts is granted ownership. However, under AB 2274, pets will be given more consideration. Though technically pets will continue to be termed community property by law, they will be treated more like children. Going into effect on January 1, 2019, a judge may use a pet’s wellbeing as a factor when granting pet custody.

Pet owners will be granted sole or joint ownership of their pets depending on factors like who spends the most time with them, feeds and walks them, and takes them to the veterinarian for checkups.

In addition, if formally requested by one or both parties, a judge may require one party to care for the pets during the divorce process. Whoever is assigned will be required to provide shelter, food and water, veterinary care and safety to their pets until the divorce finalization. However, it is important to note that whoever is assigned custody during the divorce process may not be granted custody during the divorce finalization.

You can read AB 2274’s full text on the California Legislative Information website.

Need a San Jose Family Law Attorney?

If you have questions about how this new law could affect your divorce case or any other questions about California’s community property laws, we recommend that you speak with an experienced, family law attorney. Contact the Law Offices of Thomas Nicholas Cvietkovich at (408) 404-8656 or online to schedule a free consultation.

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How Do I Make a Fair Parenting Plan for Thanksgiving?

November 16, 2018

If this is your first Thanksgiving since your divorce, you are probably wondering how to create a fair parenting plan. Your children may want to spend time with both sides of the family. Given that this is the beginning of the holiday season, you could make sure that you are creating a plan that is fair and takes the best interest of the children into consideration.

Common Ways that Families Divide and Share Parenting Time

  • Alternate holidays on odd and even years. For example, one parent might have the children for Thanksgiving on odd years and Christmas on even years, while the other parent would have the children for Thanksgiving on even years and Christmas on odd years.
  • If location is not much of an issue, you might consider splitting the holidays down the middle. Many families do this already, since there are often several stops to make to visit family during the holidays. The child can spend the first part of a holiday with one parent and the second half with another. However, make sure you plan ahead to make this transition smooth – you don’t want the kids to be stuck in a car all day.
  • What’s better than having one Thanksgiving? Having two! You don’t have to celebrate the holiday on the day that it falls on a calendar. Your children can spend Thanksgiving with one parent on the day of, and with the other parent on the day after.
  • Assign fixed holidays. For some families, it makes more sense to have holidays work the same way every year. Some parents may have different holidays that are important to them.

The Law Offices of Thomas Nicholas Cvietkovich is always prepared to answer your questions about divorce, child custody, child support and other family law topics. Call our San Jose family law office at (408) 404-8656 or contact us online or more information.

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