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  • Avatar User asked:
    Long term restraining orders granted as part of a criminal domestic violence conviction. Will this law really protect the children? The good news is that domestic-violence victims throughout California will be able to obtain long-term protective orders the instant their assailants are criminally convicted, rather than endure a multi-step process that can drag on for months. This new law will take effect January 1, 2012. Currently, acquiring protective orders would entail filing a separate domestic violence restraining order request in the family law or civil courts. The new state law rectifies a situation that has long troubled advocates against domestic violence. It is not an uncommon occurrence that after a batterer is convicted and released upon completion of their sentence, the batterer would resume stalking or harassing the victim. Until the advent of this new law, criminal restraining orders issued by a criminal court at the inception of a criminal domestic violence case would automatically expire at the conclusion of that case. This flaw in not providing a continuous shield of protection for a victim trapped the victim between two agonizing choices: does the victim take their chances when the jail release date comes that the abuser might leave them in peace or should they expose themselves to the risk of additional abusive conduct by engaging with the batterer again in filing and serving court papers for the civil restraining order? District attorneys in Santa Clara County championed legislation for the concept of an automatic post criminal conviction restraining order and got the backing of both legislators and the California District Attorneys Association. Sen. Fran Pavley, D-Agoura Hills, tendered the bill and the Legislature passed it unanimously, Gov. Jerry Brown signed it in August and, as stated earlier, the law went into effect January 1, 2012. Starting next year, once the assailant is convicted, a judge can impose a protective order for up to 10 years, whether the underlying charge is a felony or a misdemeanor. There are two kinds of orders: one excludes any contact at all with the victim; the other that allows limited “peaceful contact,” between the abuser and the victim including the dropping off and picking up of children. This new law is a huge improvement, but it does not fully address the dangerous ambiguities stemming from a court order allowing for “peaceful contact” for child custody and visitation. To really ensure proper personal protection and protection of the children, a victim must seek orders from a family law judge so any timeshare and restrictions with children are clearly spelled out in a parenting order. Based on the kind of abuse suffered by a victim, it may be necessary to get family law protective orders preventing or limiting the batterers contact with the children. Restraining orders are not ironclad guarantees of safety. But batterers who violate the terms of such orders can face further arrest and prosecution. One of the most effective restraining order coming from the civil courts is the CLETS restraining order. CLETS is an acronym standing for California Law Enforcement Telecommunication System. CLETS is a high-speed message switching system which became operational in 1970. CLETS provides law enforcement and criminal justice agencies access to various data bases and the ability to transmit and receive point-to-point administrative messages to other agencies within California or via the National Law Enforcement Telecommunications System (NLETS) to other states and Canada. A California CLETS order is a restraining order that is issued by a family law judge, lodged in the CLETS database and allows the police to arrest the abuser if the abuser violates that order. For example, if the abuser is prohibited from contact with the victim or must follow specific requirements of permissible contact and the abuser violates those orders, the police can arrest and take the offender to jail. A non-CLETS restraining order requires that the victim return to court to ask the judge to take action against the abuser. CLETS orders can be tailor-made to any given situation and can deal with custody and visitation contact with the children. The actual forms used in California are uniform in nature and law enforcement officers receive training on reading and implementation of CLETS orders. It always is a wise idea to consult with a skilled family law attorney to review your legal options concerning civil restraining orders. The more information you have will only aid you in making the best decisions thereby protecting you and your children.
  • Avatar User asked:
    I violated a stay away order by going to my ex house and i know I was wrong in going but i had no bad intent nor intention in seeing her or the kids,, we actully did an exchange in the morning and it was fine and i forgot to give her the letter so I dropped off a letter in her electrical box on the side of the house,,, a neighbor saw me and informed her ,,, then my ex sent a message through family wizard and said someone saw me there ,,, iwas at an appointment and told her to call me in 20 minutes,,,, so she did not respond and ended up calling police and then after that my daughter called her and said the letter was in the box and she said she did not know that but the police called me and said she filed that I broke our order and it would be sent to DA,, The officer did say he read the letter and that it was very cordial and non threatening ,,, I know I violated the order by going there,, so how harsh will the penalty be,,,criminal or misdemeanor
    • Arlene D. Kock Arlene D. Kock replied:
      Please remember that this comment section is an open form and it is best for you to meet privately with a family law attorney to discuss your legal options. With that being said, you need to carefully read the restraining order to see if any kind of contact including coming by the property leaving a note etc. could be in violation of that order.
  • Avatar User asked:
    Good Afternoon, I live East of Sacramento in Amador County on a Horse Farm, been married/together 25 years. My Husband recently retired from J.W. McClenahan Co (Bay Area Construction Co) I am in need of a divorce, and someone to represent me. My question is would You represent me being that I live in Amador Co? I need someone that can help me to stand up to his bullying and complete unfair judgment that I need to take my belongings & leave our home. hank you Kindly, Tina McClenahan
    • Arlene D. Kock Arlene D. Kock replied:
      Tina Thank you for contacting me concerning your family law matter. I have practiced law all over California and would like to invite you to call my office to schedule a free phone consultation. My full service family law office is operating remotely in compliance with COVID-19 restrictions. Please call 925-743-8666 or contact my paralegal Julia Donovan at julia@arlenekocklaw.com to schedule a time that works for our calendars. I look forward to your contact. Arlene
  • Avatar User asked:
    I have 2 -2 part questions: Wanting to file for divorce after 25 years of marriage. Husband and I bought and have lived in our current home for 18 years. The house has doubled in value since the purchase. Information I have says we will have to split the profits from the sale of the home 50/50. If affordable, one spouse can buy out the others 50%. Question #1 is: can I find a private investor and get a private loan to buy out my husband? Or will he have a say in this regard? Question #2: Will my 2 teenagers, age 15 & 17 have a choice with what parent they want to live with? OR will custody have to be split?
    • Arlene D. Kock Arlene D. Kock replied:
      The questions that you are asking here are very important and should not be addressed on an open forum to protect your confidentiality . I would strongly urge you to meet with an experienced family law attorney in a free consultation to discuss your options. I offer that service in my San Ramon office. If you would like to schedule an appointment, contact my staff 925-743-8666
  • Avatar User asked:
    I have been married for almost seven years to a younger man who keeps promising to get a job but he never does. He has three children, all of whom live with us and I pay all the bills and I am a schoolteacher. So we don't live in a big house or anything, just a small rental. My husband is abusive and doesn't go get a job. I want to separate from him/divorce. Am I going to have to pay this guy alimony? I know it may not be an easy answer. is there any way I can get out of this marriage and not pay him? It seems really unfair that after I have paid the bills for all this time and I never wanted to do it alone, that I would have to continue to pay his bills.
    • Arlene D. Kock Arlene D. Kock replied:
      Specific answers to your questions would be best served by meeting with an experienced family law attorney in a confidential setting. I provide this service at no cost in my San Ramon CA Office . If you are interested I can schedule a time for us to meet. My office number is 925-743-8666.
  • Avatar User asked:
    If you have a prenup agreement (3 months old) and want to file for an Annulment because one party has changed their mind about having a child, is the prenup terms regarding paying the other spouse in case of divorce, still in effect, or does the Annulment void that? Eric
    • Arlene D. Kock Arlene D. Kock replied:
      Much more information is required to understand the surrounding circumstances on creating the prenuptial agreement. It’s very important for you to meet with an experienced family law attorney and review the prenuptial agreement and your circumstances to get the right answers.
  • Avatar User asked:
    I am not sure how to best approach a difficult situation. Have been in a relationship for 5+ years. Met a woman who was a nurse while I was a medical resident. She had 2 children from previous marriage. Upon divorce she gave 51% custody to father who is wealthy. She left the divorce with deed to an apartment worth well over 800K in a nice area in Brooklyn (which in itself is a complicated situation in court, which I have been funding) We always had a mutual understanding that we would return to California and she would come with me. I had a job offer after completing fellowship leading a move to California while my daughter was 9 months. For the last year, I have arranged air travel and have had my partner and my daughter live in my residence for 50% of the year. For a large portion of summer, the mother and all 3 children lived in California. During the school year, averaged about 3 weeks a month that the mother and my daughter where in California during the time the mother did not have her obligations to her other children in New York. I have been funding a court case for over a year now for the mother to have custody of her children to move to California. I was always fighting with her during her divorce settlement not to agree to those terms with the understanding of our goal at that time to leave to California. The case is going poorly, and now she is no long unwilling to travel to California with my daughter as initially verbally agreed upon. Our relationship is entering a volatile state and I am not sure how to proceed. I have a significant increase in annual income since I met her. But I have significant medical school debt 400K. I have continued to pay for her ability to live in the apartment she is living in which is about to go into Foreclosure. I do not believe my partner has the ability to reasonably care for all three children based on her lack of social and financial support. I am now reaching a point where I will be spending less time with my daughter. I feel that I need to made arrangements to secure some level of guardianship. We have a New York domestic partnership certificate. I have used that to support her since being in California with my jobs benefits. Overall ugly situation, no easy solution, hoping for some guidance.
    • Arlene D. Kock Arlene D. Kock replied:
      You were correct in stating that your situation is very complicated. If I understand correctly, your daughter has lived for periods of time with you in California. More information is needed on your present circumstances and if it would be appropriate to file for a paternity action in California requesting that you have custody of your daughter in this jurisdiction. As to the other children your partner has from another relationship, if they’ve been primarily living on the East Coast, where they reside would be the appropriate jurisdiction to pursue any legal action. You should meet with an experienced family law attorney in that jurisdiction to discuss your relationship to those children in any legal rights that you may wish to assert. Please also consult with an experienced CA family law attorney as it pertains to your daughter and custody in order to explore your legal options. If you reside in Northern California, I would be more than happy to meet with you in a free initial consultation. My office is located in San Ramon. The office number is 925-743-8666
    • Arlene D. Kock Arlene D. Kock replied:
      It’s not possible for me to provide an answer to your present situation because it sounds like the case is being held outside of California’s jurisdiction. The standards for the move away from the present jurisdiction to California is controlled by the courts were the case is presently pending.

Legal Network 2016
Legal Network 2016 Arlene D. Kock

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