A recently published case from the California Court of Appeal clarifies precisely what conduct can justify a restraining order. It also clarifies that significant past acts of physical abuse alone can justify a restraining order. In Rodriguez v. Menjivar , there was significant testimony regarding domestic violence. The petitioner (“Rodriguez”)…
The definition of domestic violence is best summed up by the National Coalition Against Domestic Violence (“NCADV”). According to NCADV, Domestic Violence is defined as “the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one…
California judges can make so many different types of spousal support orders, it can make a lawyers’ head spin, let alone the actual parties to a divorce. For instance, many people need help understanding the difference between a $0 spousal support order and an order where the Court terminates jurisdiction…
Attorney fees can be a very important issue in many divorce cases. Most family law litigants in California, and certainly their attorneys, are familiar with Family Code section 2030, which awards attorney fees on a “need and ability” basis. This statute is designed to make sure that each party has…
A family law judge out of New Jersey made the following finding in a case involving a post judgment request to sell a residence due to one party’s failure to refinance the residence post-judgment: “This court takes judicial notice, as a matter of indisputable common knowledge, that a positive credit…
Millennials and Gen X-ers may have heard the name Zsa Zsa Gabor, but it is unlikely they know a thing about the Hungarian-born actress. For the purposes of this blog, all you need to know was that Ms. Gabor was married nine times, divorced seven times, and one marriage was…
January is decidedly the busiest month for divorce attorneys, even being dubbed in the divorce community as “divorce month”. While there may never going to be a “good” time for a divorce, those with divorce on the mind seem to find January to be the best option. This has been…
I have discussed on this blog many times how the most difficult job a Family Court Judge has is making custody orders. Property and support can be legally or technically difficult, but they will never compare to the emotions of making custody orders. Never is this task more difficult then…
The Oklahoma Supreme Court issued a decision on November 17, 2015 in the case of Ramey v. Sutton in which the biological mother in a same sex relationship wished to cut ties between her partner and child after their break-up which followed almost 10 years of co-parenting. In this case,…
I remember the first time I purchased a new couch. It cost me around $800 (which at the time was all the money in the world – I was studying for the bar) and was the first “new” and “adult” purchase my Wife and I made. I also remember when…