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Understanding Domestic Violence: Types and Implications in California

April 4, 2024 / / 0 Comments

Domestic violence is a pervasive issue that affects many men and women across the world. According to CDPH, one in five women and one in seven men have reported facing domestic violence. However, it is defined as a pattern of abusive behavior, and it takes various forms. In this month’s blog, we will take a closer look at this important topic, its legal implications, and the resources available for victims.

Defining Domestic Violence in California

While it often goes unreported, it is important to understand what domestic violence is, as well as why you may need to act. California law defines domestic violence as any form of abuse committed between individuals who have a close relationship, such as spouses or former spouses, cohabitants, individuals in a dating relationship, or parents and their children. This includes threatening to use force against him or her or any physical force that requires a restraining order.

Related: Learn more about restraining orders in California here.

Domestic Violence Penalties in California

In California, penalties for domestic violence typically vary between misdemeanor and felony charges, making them what’s known as “wobbler” offenses. The decision on whether to classify the crime as a misdemeanor or felony is based on factors such as the individual’s prior criminal record and the extent of the victim’s injuries.

Types of Domestic Violence in California:

1. Physical Abuse:

This includes hitting, punching, kicking, slapping, choking, or any form of physical harm inflicted on the victim. Bruises, broken bones, and other injuries are common outcomes of physical abuse.

2. Emotional or Psychological Abuse:

This type of abuse is often less visible but equally damaging. It includes verbal threats, insults, humiliation, manipulation, and isolation from friends and family.

3. Sexual Abuse:

Sexual abuse involves forced or coerced sexual acts, including rape, unwanted touching, and sexual degradation. These are also all harassment, and you have the right to get a restraining order to avoid any arguments.

Related: Learn more about how to deal with ex-spouse harassment here.

4. Financial Abuse:

Financial abuse occurs when the abuser controls the victim’s finances, restricts access to money, or sabotages their employment or financial stability. This can leave victims financially dependent and unable to leave the abusive relationship.

5. Digital Abuse:

With the rise of technology, digital abuse has become increasingly common. Examples of digital abuse includes: revenge porn, sexually harassing a partner online, controlling a partner’s social media accounts, requiring that a partner keep their phone with them at all time to respond to calls and texts, and using technology to monitor the other person’s actions both on and offline.

Conclusion

If you or someone you know is experiencing domestic abuse, you don’t have to face it alone. Family Law Richard E. Young & Associates is here to provide compassionate support and expert legal guidance through this challenging time. Our experienced team understands the complexities of domestic abuse cases and is committed to advocating fiercely for your rights and safety. We offer a safe and confidential environment where you can discuss your situation without judgment. Don’t wait any longer to seek help – contact us today at (949) 951-9529 to schedule a consultation and take the first step towards reclaiming your life.


Navigating the Finer Points: When Does Child Support End in California?

February 8, 2024 / / 0 Comments

If you’re a parent making child support payments, you’re likely wondering, “When does this financial responsibility come to an end?” According to California law, a parent’s duty to support their child continues until the child turns 18. It’s crucial, however, to be aware of significant exceptions. In this month’s blog, we’ll explore key scenarios where child support may end in California and how to end it.

The Child Gets Married

If the child gets married before turning 18, this event can lead to the termination of child support obligations. Marriage is considered a legal emancipation, indicating that the child is now assuming adult responsibilities independently. However, both married and unmarried parents should seek legal advice to formally address the conclusion of child support.

Related: Learn more about the rights and responsibilities of unmarried parents in California here.

Emancipation through Self-Support

An instance that might result in an early conclusion of child support, it’s if the child achieves self-sufficiency. Self-supporting, in this context, signifies the child attaining financial independence and no longer depending on parental financial aid.

For the court to acknowledge the child’s self-supporting status, the paying parent needs to furnish substantial evidence. It could be tax returns, bank statements, or showing that the child is independent for financial aid.

The Court Ends the Support or Custody Order

In some cases, the court may intervene to end child support or custody orders. This could be due to a change in circumstances, the child’s request, or other legal considerations. Parents must stay well-informed about any court decisions that might affect their child support obligations, especially when the child expresses a preference for a particular custody arrangement.

How Do I End Child Support?

Typically, to terminate child support, you must file a formal request in court known as a motion. You have to show the court or LCSA (local child support agency) that your child is self-supporting and is no longer reliant on parental assistance. Another important point is if you were the supporting parent but now have custody, file a motion to stop or seek support. Failing to modify the court order may let the other parent enforce it, even if your circumstances have changed.

Consult With Family Law Richard E. Young & Associates

We at Family Law Richard E. Young & Associates can help you understand your child support obligations or modify them. We will guide you in the termination process of your court order. Contact our office at (949) 951-9529 to ensure you are prepared for this legal transition. Let us assist you during these crucial moments.

Types of Child Custody You Need To Know

November 7, 2022 / / 0 Comments

Divorce is a very sensitive matter, and when children are involved in a divorce, there may be an impact on their emotional and mental health. Therefore, it becomes important for both parents to deal with this matter with the utmost care and consciousness. So, if you’re a divorcing couple and wish to learn more about the process of child custody, continue reading.

Types of Child Custody

There are two different types of custody. The following are:

1. Physical custody

a. Joint

b. Sole

2. Legal custody

a. Joint

b. Sole legal

Let’s learn about both custodies in detail.

  1. Physical custody

Physical custody helps in determining what percentage of time the child lives with each parent.

Factors The Court May Consider When Awarding Physical Custody

  • Which child is going to school?
  • Where is the child currently living?
  • Which parent is more attentive to the child’s physical, emotional, educational, and special needs?
  • Which parent has spent more time with the child?

2. Legal custody

Legal custody gives more rights to one parent to make major decisions about their child’s:

  • Education
  • Health
  • Religious Upbringing
  • Doctor, Dentist, Orthodontist, or Other Healthcare Professionals (except in emergency situations)
  • Sports, Summer Camps
  • Travel and Vacation
  • Extracurricular Activities
  • Residence

In addition, in legal custody, either parent can decide alone; both parents do not have to agree on every decision about these aspects of their children’s lives. But to avoid ending up back in court and having more conflicts, it is suggested that both parents should communicate with each other and cooperate in making decisions together for the wellbeing of their children.

The Bottom Line

For a comprehensive overview of the child custody and visitation process, contact the team at Family Law Richard E. Young & Associates. We are well-versed in California laws and will work directly with you to reach your desired results. Contact our firm today at (949) 951-9529 or visit our website for further information.

Types of Bankruptcy in California

May 7, 2021 / / 0 Comments

Many families, business, and individuals file for bankruptcy every year for a wide array of reasons. In California there are four common types of bankruptcy cases that ultimately work to help people and corporations repay their debts in a more feasible way. Below we review these four types of cases, who they apply to, and where you can go for legal support in California for bankruptcy.

Chapter 7

In order to qualify for chapter seven bankruptcy in California your income must be below a predetermined amount and you must allow the court to sell your assets to pay off your debts. This means any assets you possess minus certain exemptions will be sold, granting debtors what some call a ‘fresh start.’ Keep in mind you can only file for chapter seven bankruptcy once every six years.

Chapter 11

Chapter eleven bankruptcy is typically for businesses and corporations in debt, but is sometimes available to individuals as well. This option allows debtors to reorganize or restructure their debt so they can keep their assets while slowly paying it down over time. Not only is chapter eleven bankruptcy the most flexible, but it also does not have limits on the amount of debt one can be in.

Chapter 12

According to the U.S. court system, chapter twelve bankruptcy is specifically designed for ‘family farmers or family fishermen.’ It’s a simplified version of chapter eleven bankruptcy that allows these farmers and fishermen to carry out repayment plans to their creditors over three to five years, without surrendering any assets.

Chapter 13

Chapter thirteen bankruptcy is similar to both chapter eleven and twelve, but is designed specifically for individuals making a typical income. Debtors who qualify for chapter thirteen bankruptcy will have to repay their debts over three to five years while being allowed to keep their property.

Final Thoughts

Year after year, millions of people file for chapter seven bankruptcy, frequently those going through a divorce. Often, a discharge of consumer and tax debt through bankruptcy can be the key to unlocking your financial hardship. Contact our firm in Orange County, CA today for legal support with family law, trusts, bankruptcy and more.

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