Family Law Richard E. Young & Associates

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How to Get Your Restraining Order

The night was still young as Chelsea started walking back from her friend’s house. The crisp breeze pinched her skin as she paced through the dimly lit neighborhood. Chelsea confidently strolled to her home, knowing she did this all the time. Looking at the familiar street sign, she casually crossed the street to her loving home. Oblivious to her surroundings, a boy from her school was following her every move. Before she could step into her house, he approached her. Chelsea started to shudder with fear because this was the fifth time he did this at night. Immediately, she rushed inside her home before he could say anything to her. Hearing the door slam, Chelsea’s parents ran toward their beloved daughter. Her eyes spilled out with tears while she tried to explain what’s been happening to her. Chelsea’s parents knew the step was to get a restraining order.

What is a Restraining Order?

            A court of law provides restraining orders to keep two people apart. Whatever the motives behind them, a violation of a restraining order carries large criminal consequences. Even if the perpetrator is calling or texting the victim, this can be a misdemeanor. The perpetrator can have possible jail time and a costly fine of $1000 for violating the court order. The penalty can increase to $2000 if an injury occurs. Besides, the most jail time for a violation is mandatory thirty days. Consistent violations result in a felony or misdemeanor. Depending on the severity and time between violations, fines and jail time can intensify for a perpetrator.

Prosecution

To be convicted of a violation, the court needs to see three things. The first thing is that the restraining order had to be intentionally broken. If the order was broke accidentally, there could not be any conviction. The other factor is if the perpetrator knew that they had a restraining order against them. In some circumstances, the court can order a restraining order without the perpetrator even knowing it. Lastly, if the perpetrator lives close by or works at the same place as the victim, then the court order will be impossible to obey and not be granted conviction.

Conclusion

A restraining order can seem complicated but can help people like Chelsea. Restraining orders are an excellent way to protect you and your family. Yet, it is also good to know how to be prosecuted for violating a court order. You deserve to have justice and feel safe. Whether you have been a victim of stalking or unjustly accused of breaking a restraining order, Family Law Richard E. Young & Associates can fight for you. Our services include family law, trust law, bankruptcy law, and more. Visit our website for more information.

Three Disputes Your Family Law Attorney Can Help With

Dealing with legal issues on your own can be burdensome, but with a professional family lawyer by your side, there’s less to worry about. A family law attorney can handle your legal problems and represent you in the court of law, if needed. Such issues include divorce, prenuptial agreements, and other related matters. Furthermore, they can act as mediators if disagreements between spouses and family members become complicated. Learn more about what a family law attorney can do for you!

Divorce Issues

Divorce is difficult. This not a happy time for couples because emotions can be high. Coming to an agreement is hard to do, so this is usually when lawyers step in. They act as a mediator between the couple and approach issues lawfully. It is in their best interest to settle matters calmly and not have to go to court. When an agreement is met, they move along the divorce swiftly by having the couple sign paperwork and other legal documents.

Prenuptial Agreement

Before a couple gets married, a prenuptial agreement is drafted to identify each spouse’s property and assets in the event of a divorce. This agreement can be drafted with or without a family law attorney present. However, with help from an attorney, they can oversee the contract and confirm that the legal information provided is agreed upon. Once both parties approve, the document is signed and copied.

Child Custody Agreement

Figuring out an arrangement to care for children after a divorce or separation isn’t easy. There are many variables when it comes to the parent’s scheduling, travel distance, and so on. Sometimes, lawyers need to get involved because it can be a complex matter. A family law attorney will be there to find a resolution between the parents and have the best interest of the child(ren).

Conclusion

Family disputes can be complicated, but not when you have the right lawyer alongside you. When you call Family Law Richard E. Young Associates, you will be directed to a professional attorney within our firm. We handle cases ranging from divorce to child support, so let us resolve your family law issues today. CALL (949) 951-9529 NOW!

Types of Visitation Orders

There are many specific procedures used in family court that work to maintain a fair and safe environment for any children involved. Oftentimes judges in family courts will issue visitation orders, or rules about how and when a parent can share their time with their child’s other parent. Below we discuss the three most common visitation orders that are issued in family court.  

Supervised Visitation

This type of visitation order is typically issued when there’s a concern for the child or children’s safety or wellbeing. In this situation whenever the specified parent visits with their children they must be in the company of another adult, the other parent, or sometimes even a hired professional.

No Visitation

Judges will not issue this type of visitation order unless there is a clear and obvious threat that the children involved would be exposed to physical or emotional harm in the presence of the specified parent. Sometimes before visitation can be reinstated in this situation a person must attend counseling or complete a drug test.

Scheduled Visitation

Scheduled visitation is common among parents who are cordial enough with one another to respect a set visitation or custody schedule. These arrangements are typically predetermined and agreed upon in advance with both parties and a judge.

Final Thoughts

In family court visitation orders are the best way to ensure that any involved children are safe, nurtured, and placed in a visitation arrangement that works to give them the best chance at being the most successful.

If you or someone you know is going through a divorce with children and needs reliable representation to help with custody, visitation, child support, or any other family court matter, call on Family Law Richard E. Young & Associates in Lake Forest, CA.

Things You Need to Know About Divorce during a Pandemic

Divorce or separation during the pandemic has brought new challenges. CNN comments, “For marriages and relationships involving the usual strife, the stress of job losses, shared housing, co-parenting and health insurance worries have been exacerbated by the pandemic.” Couples that are making the decision to divorce should know about how the pandemic is currently affecting the separation process. Learn more about some of the divorce factors impacted by COVID-19.

Slower Response Time for Court Cases

As family courts are starting to re-open, there are still a backlog of cases in the system. To remedy the response time, many cases are being switched to Zoom meetings, where couples are communicating virtually instead of face to face. However, even with the technology of Zoom, many couples still cannot make a joint decision about their children attending in-person school, asset division, and other crucial aspects of a divorce. If you are needed for in-court appearances, be prepared that it might take some time.

Asset Division May Be Harder to Value

Because of the volatility of the market due to COVID-19, market-based assets such as your retirement and savings plans, might be harder to value. Even so, items are valued as the day you officially separate. However, given the circumstances of the pandemic, things might not be paid out until later. Even valuing your home, if you are choosing to buy or sell, is harder to determine because of the changing housing markets. Talk with a lawyer to get more certainty before making a big decision.

Complications with Work Stability

With multiple waves of lockdowns and restrictions, job stability has been shaky. Many people have lost their jobs and are struggling to recover, which puts more stress on spouses having to make support payments. Divorce Mag writes, “If you think you might be the one making support payments, know that if you lose your job, you may have to continue to make payments until a court agrees to lower them. And if you are the one receiving payments, know they can be cut back at any time.”

What Now?

If you need a divorce lawyer in Orange County, contact the professional attorneys at Family Law Richard E. Young & Associates. We are offering remote and internet services for your legal needs. CALL FOR A FREE INITIAL CONSULTATION AT 949-951-9529 TODAY!

Remote Legal Services

The pandemic of 2020 has forced many businesses and educational institutions to operate remotely. Hiring legal services remotely will be new for most, but many lawyers and attorneys are making it work in their clients favor for optimal safety and convenience. Below we discuss some of the ways our family law firm is navigating legal services during these trying times.

Communications

Thankfully our means of communicating isn’t changing too drastically as remote communications have always been the most convenient and preferred methods of doing legal business. Our offices are open during normal business hours and accepting phone calls, faxes, email, and even internet calls when requested.

Document Sharing

Sharing documents between our offices and our clients is a huge part of how we do business. Our office has equipped itself with online programs that make document sharing and signing easy, safe, and effective. Of course we can also can share documents through fax, picture PDF’s and more!

Court Proceedings

In 2020 even operational court proceedings have moved to the internet and phone. The courthouses of Orange County Superior Court are open for limited in-person services and are allowing for remote proceedings when at all possible. It’s possible you will be required to make an appearance, but will proceed with the hearing virtually from a safe physical distance with our support.

Final Thoughts

Family Law Richard E. Young & Associates are one of the few ready to go businesses in Lake Forest, CA during the coronavirus crisis. We are committed to staying in contact with you, keeping you informed, and getting your case closed as soon as possible. File with us early to get ahead of the others when the courts officially reopen.

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