Stuff that makes people hate our legal system

How screwed up is our legal system?
Owner of Pit Bulls who broke into neighbors yard and killed neighbor's dog sues neighbor for $1 million.

By: Robert R. Beauchamp orangecountydivorceattorney.lawyer

Divorce attorney sues celebrity matchmaker for breach of contract

A celebrity matchmaker may have met his match in a disgruntled divorce lawyer who is seeking monetary damages for fraud and breach of contract.  Business Insurance reports:

In a suit filed last week in the Manhattan Supreme Court, Julie Hyman calls matchmaker Matt Titus a “fraud,” claiming that instead of a promised eight dates with “highly educated men with entrepreneurial spirit that were single and not in relationships,” as well as dating coaching and feedback, she received just “two fake date matches” and no feedback for the $8,000 she paid upfront.

Mr. Titus counters that he did all he could to find suitable matches for Ms. Hyman.

According to court papers, Ms. Hyman turned to the matchmaker — who was one of the stars of reality dating show “Matched in Manhattan” — after finding it difficult to meet people.

The divorce lawyer says she was referred to Mr. Titus by celebrity matchmaker Amy Laurent, who is endorsed by no less than Oprah Winfrey.

It remains to be seen for whose side the law will rule — but all, it transpires, truly may not be fair in love and war.

By: Robert R. Beauchamp

Law Office of Robert R Beauchamp

bob@ocdlaw.com

23120 Alicia Pkwy

Second Floor

Mission Viejo, CA 92692

Tel:  949-370-8000

Fax: 855-370-8100
orangecountydivorceattorney.lawyer

#orangecountydivorceattorney

Do You Want The Most Aggressive Divorce Attorney? Give Some Thought To What You Mean By "Aggressive Attorney" And to What That Means to Your Case

Finding a divorce lawyer is easy.  Lawyers are paying upwards of $30.00 to Google for a single click on their paid advertisements in Google search results.  There are literally hundreds of them in your area.  Many, if not most, of those, advertise: “Aggressive Divorce Lawyer,” “Aggressive Attorney,” and similar such “ad-words.”  But what does aggressive mean?  

It may be tempting to look for a lawyer who markets her/himself as “aggressive.”  But while you want a lawyer who cannot be intimidated, a lawyer as comfortable in court as in his office, do you really want that cardboard cut-out caricature of the aggressive lawyer you may have seen on T.V.  Here are some reasons to give that some though.

Aggressive does not mean smart, prepared or effective

The “aggressive attorney” often makes few friends in the courthouse. I’ve seen and heard judges gossip about the silly antics of one of Orange County’s most “aggressive divorce lawyers.”  And, judges don’t take kindly to certain aggressive tactics, such as refusing to agree to a new hearing date or arguing the same point over and over after the judge has ruled.  The effective attorney compromises on procedural issues because he or she knows that the case isn’t won or lost in deposition, procedural hearings and/or with tricks.  Cases on won based on the facts, the arguments and the attorney’s behind the scenes preparation for trial.  Those silly arguments, ranting phone calls, scathing letters and clownish antics all cost you between $300 and $500 an hour and gain you nothing but more billable hours for nothing but a silly side show.

Aggressive attorneys either can’t obtain or, for their own reasons, don’t want settlement

You may be certain in your own mind that settlement is impossible. Yet, statistics show otherwise; upwards of 90 percent of cases settle before trial. Settling a case is far cheaper than going to trial. Most attorneys charge a higher rate for trial hours, not to mention the extra costs for preparation, additional hearings, and potential post-trial motions. Since an aggressive attorney will be less likely to compromise, you will have a harder time settling and that will cost you serious dollars. You may be counting on an order that your spouse will ultimately pay your attorneys’ fees, but typically, each party pays his own lawyer.

Aggressive attorneys are often not realistic

Good attorneys do not become emotionally invested in their clients’ cases.  Don’t get me wrong, all attorneys are competitive and they all want to win.  But give me any case and I can argue either side.  Good attorneys know what the opposition will say before they say it and are prepared to address what they have already prepared for.  You need your divorce attorney to explain the factors the court will consider in determining such things as child support, spousal support, visitation, and property division. I n a typical case, one party will not get all the property, all the time with the children, or unending spousal support. An aggressive attorney may not give you a reasonable assessment of the likely outcome, leaving you unprepared for the final settlement or decree.  Think of it this way: An “aggressive divorce attorney” can be like the real estate broker who tells you that your house is worth $5 million so you will sign the listing, then, once you are under contract, spends the next six months explaining to you why you need to accept $2 million.

The “aggressive attorney” make it more difficult to work with your ex-spouse down the road

Divorces are not like other kinds of litigation.  In most litigation, the parties are not emotionally involved, they likely never have to see one another, or work with one another, again.  In divorce cases, especially with children, you still have to work with your ex regarding shared custody, debts, property, shared expenses for the children and countless other issues for many years after the final paperwork is signed. The aggressive divorce attorney will encourage you to push for more than you will realistically obtain rather than compromise and it make it more difficult to work together in the future.

What kind of aggressive attorney should you be looking for?

In order to win your case without bankrupting you, the kind of aggression you are looking for is not the T.V. kind.  Effective lawyers are aggressive in the sense that they know what can be achieved, what the likely outcome will be based on all the facts and will not hesitate to go before a judge to obtain for you what you are entitled to.  But, the effective aggressive lawyer doesn’t rant at opposing counsel like some lunatic, argue to the judge points that have already been decided or write hundreds of scathing letters to opposing counsel that have no purpose other than to impress you with how aggressive they are and generate fees for the attorney.

When the effective aggressive attorney hears a demand from the opposition that is not believed to be in your best interest, he or she simply says, “I’m sorry, but that isn’t acceptable, let’s ask the judge to rule on it.”  The effective aggressive lawyer writes one letter for every 10 letters written by the lunatic aggressive lawyer but those fewer letters each of a purpose and are as short as possible.

The reality is that every decent lawyer already knows what the likely outcome of your case is not just on your side, but on the other side as well.  The effective attorney is aggressive in that he or she pushes forward on your case, prepares thoroughly for court and does all of that with as little show as necessary.

Just remember, when the opposing attorney makes a demand on your lawyer, it is as effective for your lawyer to simply say“no, thank you, I believe we are entitled to the following . . . . and if you don’t agree, let’s set the earliest possible court date to let the judge decide.”  Not only is this just as effective, it costs you far less than a 10 minute tantrum and five scathing letters.  

As a side note, one of the most interesting things I’ve noticed over the years is that the most “aggressive lawyers” are often the least comfortable and/or least effective in court, which may be the very reason they spend all of YOUR money attempting to intimidate rather than prepare for and appear in court.  In other words, the effective aggressive lawyer is as comfortable in the courtroom as in his or her own office, but would rather accept a fair settlement than simply run your fee bill up.  Put another way, the effective aggressive lawyer is interested in the best possible outcome for you at the most reasonable cost.  The typical “aggressive attorney,” the one willing to paying $30 to Google every time someone clicks on his or her paid ad, is often more interested in finding ways for YOU to pay for those ads along with their second home, their new Mercedes and, ironically, their own child and spousal support, through their various their antics.

By: Robert R. Beauchamp

Law Office of Robert R Beauchamp
bob@ocdlaw.com
23120 Alicia Pkwy
Second Floor
Mission Viejo, CA 92692
Tel:  949-370-8000
Fax: 855-370-8100
orangecountydivorceattorney.lawyer
Legal Guide on Aggressive Divorce Attorneys


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Famous wedding resort to offer "divorce packages"

The Saratoga Springs' Gideon Putnam Resort will be hosting the whole cycle of marriage on weekends: weddings AND divorces.

As an Orange County divorce attorney, and a proponent of mediation, I found this notion fascinating;

The New York Post reports: An upstate resort famous for its lavish weddings will ironically serve as the venue for “Divorce Hotel” — a business that promises couples a painless split in an idyllic setting.

For a flat $5,000 fee, the divorcing parties are put up in separate rooms at Saratoga Springs’ Gideon Putnam Resort for a weekend and work with a mediator to finalize the details into a signed agreement.

“Practically, they are divorced after signing on Sunday,” founder Jim Halfens, who already runs similar projects in his native Netherlands, told The Post. “After signing, all work is done and we send it to a judge who only puts a stamp on it to make it official.”

Halfens expects to start up his services at the end of September.

He believes the main clientele will be New Yorkers looking for a speedy split — but any US citizens can participate as long as they agree to use the provided mediators and lawyers.

Some guests will participate in a reality TV show, but most will conduct their marriage terminations in private.

If you can get through your divorce for $5000 through mediation, even as a divorce attorney, I'm all for it!

By: Robert R. Beauchamp

Law Office of Robert R Beauchamp
bob@ocdlaw.com
23120 Alicia Pkwy
Second Floor
Mission Viejo, CA 92692
Tel:  949-370-8000
Fax: 855-370-8100
orangecountydivorceattorney.lawyer

#orangecountydivorceattorney

Why You Need A Premarital Agreement Properly Drafted: Wife of Billionaire Kenneth Griffin Seeks to Invalidate Premarital Agreement

According to the Chicago Tribune, Anne Dias Griffin, whose hedge-fund billionaire husband, Kenneth Griffin, filed for divorce in July, asked a Cook County Circuit Court to declare their prenuptial agreement invalid and to award her an “equitable” share of the couple’s property.

According to her court filings, the basis for her claim that the premarital agreement should be invalidated is that Ken Griffin didn’t provide her with a copy of the premarital agreement until shortly before their 2003 wedding and that she was coerced into signing it three hours before their wedding rehearsal dinner. 

She asked a Cook County Circuit Court to declare their prenuptial agreement invalid and to award her an “equitable” share of the couple’s property.

Make sure that you consult an experienced divorce attorney when considering a premarital agreement.  Premarital agreements are enforceable but only if properly drafted and if formalities are followed including the passage of 7 days between the date the final draft is presented to both sides before the parties sign the agreement.

By: Robert R. Beauchamp

Law Office of Robert R Beauchamp
bob@ocdlaw.com
23120 Alicia Pkwy
Second Floor
Mission Viejo, CA 92692
Tel:  949-370-8000
Fax: 855-370-8100
orangecountydivorceattorney.lawyer

Court Records Shed Light on Holzer Murders: Nicolas and Ex-Wife Juana Exchanged Accusations of Sexual Abuse Against Sons

Goleta, California: "Nicolas Holzer, accused of killing his mother and father and two sons last week, made his first court appearance less than 48 hours after police responded to the bloody scene. The 45-year-old man, who allegedly fatally stabbed his family and their dog using two kitchen knives, was charged with four counts of first-degree murder and one count of animal cruelty."

"The incident raises questions of how a man who apparently stabbed his parents and two young sons was able to gain full custody of his children from ex-wife Juana Holzer seven years earlier. “It was a case of money and power that took the kids away from Juana,” said Juana’s current boyfriend, Charles Sirois, in an email."

What is really shocking is that a therapist was assigned to work with both children and made reports to Child Welfare Services.   Sadly, no one involved in the custody battle, not the courts, not the therapist and not social services, picked up on the danger to the children.

These parties were making allegations of domestic violence of abuse against each other, all too easy to do, and no one was able to sort out who was telling the truth until it was too late.

Holzer case demonstrates holes in the child custody process

By: Robert R. Beauchamp

Law Office of Robert R Beauchamp
bob@ocdlaw.com
23120 Alicia Pkwy
Second Floor
Mission Viejo, CA 92692
Tel:  949-370-8000
Fax: 855-370-8100
orangecountydivorceattorney.lawyer

** Neil Young files for divorce from his wife Pegi Young after more than 36 years of marriage

According to the website Eonline this afternoon, Neil Young filed for divorce from his wife Pegi Young after more than 36 years of marriage.

According to Eonline, “the Canadian-born "Harvest" singer has filed for divorce from wife and Bridge School founder Pegi Young after more than 36 years of marriage, according to public records. His petition for dissolution of marriage not involving a minor child was entered July 29 in Superior Court of San Mateo County.

The duo have maintained a home in La Honda, in northern California, for years.

A hearing is scheduled for Dec. 12. A rep for Young hasn't yet returned a request for comment.”

By: Robert R. Beauchamp www.ocdlaw.com

Law Office of Robert R Beauchamp
bob@ocdlaw.com
23120 Alicia Pkwy
Second Floor
Mission Viejo, CA 92692
Tel:  949-370-8000
Fax: 855-370-8100
www.ocdlaw.com
www.southorangecountydivorcelawyers.com

Divorces rise as economy recovers, study finds

The Los Angeles Times has reported that studies are showing that as the economy has started to recover, the number of divorces has risen.  Divorces Rise as Economy Improves

"Divorces plunged when the recession struck and slowly started to rise as the recovery began, according to a study to be published in Population Research and Policy Review."

This isn't a surprise to Orange County divorce attorneys.  Sadly, business is picking up.

By: Robert R. Beauchamp

Robert Beauchamp
Law Office of Robert R Beauchamp
bob@ocdlaw.com
23120 Alicia Pkwy
Second Floor
Mission Viejo, CA 92692
Tel:  949-370-8000
Fax: 855-370-8100
orangecountydivorceattorney.lawyer

Mariah Carey and Nick Cannon Split: Custody Battle Over the Twins?

It doesn't matter how rich you are, how famous you are or who you are.  Divorce happens and child custody litigation can be tough on your kids and on you.  You need the right divorce attorney with experience in child custody litigation.

By: Robert R. Beauchamp

Robert Beauchamp
Law Office of Robert R Beauchamp
bob@ocdlaw.com
23120 Alicia Pkwy
Second Floor
Mission Viejo, CA 92692
Tel:  949-370-8000
Fax: 855-370-8100
orangecountydivorceattorney.lawyer

Making Joint Custody Work In Real Life

As a divorce and child custody attorney in Orange County, I have two types of cases: Those in which the parents divorce amicably and focus primarily on how they can work together for the best interests of the children and those in which the parties can’t stand each other and, consciously or unconsciously, interact with the children in a way that undermines the other parent.  Unfortunately, the latter outnumber the former 100 to 1.  

Over the next couple of weeks, I’ll be posting some thoughts on ways in which two parents can become parents who can overcome their own differences in order to minimize the impact of divorce on the children and, hopefully, find a way to at least learn to get along well enough to mutually enjoy their children’s activities and life events (birthdays, graduations, weddings and the like).

Sharing child custody is rarely easy, in large part because you're trying to coordinate with someone you couldn't stand being married to.  Nevertheless, studies show that shared-custody works best when both parents are cooperative, respectful, agree on shared custody, and manage their emotions.

Believe me, I know what you are going through, because I have been there myself.  Some might say that sharing my personal experiences violates some boundary or other, but as a child custody and divorce attorney, I will do all that I can to help others see that a peaceful arrangement can be reached. 

When there are problems in co-parenting, in my experience at least, the problem almost always results from one or both parents attempting to exert control over the other parent through the children.  Both in my practice and in my own divorce, I have seen this repeatedly.  

Extracurricular Activities:

Extracurricular Activities are a fertile source of conflict, particularly in the early stages of co-parenting during and after divorce.  For example, one parent schedules activities that conflict with the custody time of the other parent OR the custody order says that both parents must agree on any extra-curricular activities and one parent always, or almost always, refuses to consent to, or participate in, such activities.

Both as a parent sharing custody and as an Orange County divorce and child custody attorney, I ask myself, and my clients this question: “is this an activity in which the child participated, or in which the child would have participated, if you and your ex were still married?”  To me, the answer to that question is the deciding factor.  

If, being as objective as possible, you conclude that this is an activity in which you would have allowed, or encouraged, your child to participate during your marriage, you need to set aside whatever reluctance you have and agree to, and participate in, the activity.  The goal here is to minimize the impact of your divorce on the children.  You can despise your ex as much as you want, though you’ll later see that there is a better way.  Still, however much you hate your ex, if you love your children, you’ll set aside your own issues and those of your ex for the benefit of your children.

Another issue that can be tough is attending the children’s activities that occur during the other parent’s custody time.  If, for example, your child is in little league, attend all the games and practices that you would have attended if you were still married to your ex - err even on the side of attending more.  And, don’t be offended or resistant if your ex attends activities during your custody time.  The goal is happy children, not happy parents, although the latter is more likely if you follow these principles.  

Neither my ex nor I would deny that there was a time during which we could not stand the site of each other.  Even a brief perusal of our respective declarations in support of this or that OSC or Request for Order would show that, even as attorneys, we were people first and lawyers second.  We had, and have, every one of the same feelings and emotions as any other couple going through a divorce and custody battle.  We both made mistakes arising out of our own unhealthy emotions at the expense of our children.  With time, however, following the principles in this post, we have reached the point at which we actually like each other again.  Though I have remarried, my ex and I now have a relationship that is akin to adult siblings.  We have re-discovered the things we liked about each other and have gotten beyond the things we couldn’t stand about each other.

And, we didn’t get there because we worked on our relationship as ex’s, but because each of us independently awoke to the fact that we only had one thing worthy of leaving behind when we are dead and gone, and that one thing our children, damaged as little as possible by our conflicts and divorce and as emotionally healthy as possible despite our divorce.  

As a result, my new wife and I often meet my ex and the kids, regardless of who’s custody time it is, to attend the kid’s activities, to have dinner together, either at a restaurant or at one of our homes.  We allow our dog, whom I got after the divorce, to spend time with my ex while she had the children - not always, but whenever the kids ask.

Many of you are reading this now, saying to yourselves: "This would never work with my ex!"  I know that because I was one of you.  You may be right at any given moment in time.  But, your children will suffer more than necessary if you and your ex cannot put the children ahead of your own conflicts.  Keep an open mind and watch for any sign that your ex would be receptive to an opening to discuss cooperation.  Sometimes that receptivity arises when one parent begins to lose control of the behavior of one or more of the children as they get older, more advanced in their own preferences, etc.  In almost all cases, this will eventually occur.

By: Robert R. Beauchamp

Law Office of Robert R Beauchamp
bob@ocdlaw.com
23120 Alicia Pkwy
Second Floor
Mission Viejo, CA 92692
Tel:  949-370-8000
Fax: 855-370-8100
orangecountydivorceattorney.lawyer

How Do I Get a Domestic Violence Restraining Order?

What Is Domestic Violence?

Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.

The domestic violence laws say “abuse” is:

            Physically hurting or trying to hurt someone, intentionally or recklessly;

            Sexual assault;

            Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR

            Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.

Physical abuse is not just hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or following you, or keeping you from freely coming and going. It can even include physical abuse of the family pets.

Also, keep in mind that the abuse in domestic violence does not have to be physical. Abuse can be verbal (spoken), emotional, or psychological. You do not have to be physically hit to be abused.  Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused.

If you are being abused in any of these ways or you feel afraid or controlled by your partner or someone you are close with, Call 911.  Once you are safe, immediately call the Law Office of Robert R. Beauchamp, Orange County Divorce Lawyers experienced in domestic violence.

Domestic Violence Restraining Orders

A domestic violence restraining order is a court order that helps protect people from abuse or threats of abuse from someone they have a close relationship with.
You can ask for a domestic violence restraining order if:

1.             A person has abused (or threatened to abuse) you; AND

2.             You have a close relationship with that person, meaning that you are:

            Married or registered domestic partners,

            Divorced or separated,

            Dating or used to date,

            Living together or used to live together(more than roommates),

            Parents together of a child, OR

            Closely related (parent, child, brother, sister, grandmother, grandfather, in-law).

If you are a parent and your child is being abused, you can also file a restraining order on behalf of your child to protect your child (and you and other family members). If your child is 12 or older, he or she can file the restraining order on his or her own.

If you do not qualify for a domestic violence restraining order, there are other kinds of orders you can ask for:

            Civil harassment restraining order (can be used for neighbors, roommates, coworkers, or more distant family members like cousins, uncle or aunt, etc.).

            Elder or dependent adult abuse restraining order (if the person being abused is 65 or older; or between 18 and 64 and a dependent adult).

            Workplace violence restraining order (filed by an employer to protect an employee from violence, stalking, or harassment by another person).

If you are not sure what kind of restraining order you should get, talk to an  Orange County Divorce Attorney at the Law Office of Robert R. Beauchamp 24 hours a day, 7 days a week. What a restraining order CAN do

A restraining order is a court order. It can order the restrained person to:

            Not contact or go near you, your children, other relatives, or others who live with you;

            Stay away from your home, work, or your children’s schools;

            Move out of your house (even if you live together);

            Not have a gun;

            Follow child custody and visitation orders;

            Pay child support;

            Pay spousal or partner support (if you are married or domestic partners);

            Stay away from any of your pets;

            Pay certain bills; and

            Release or return certain property.

Once the court issues (makes) a restraining order, the order is entered into a statewide computer system (called CLETS) that all law enforcement officers have access to. And your restraining order works anywhere in the United States. If you move out of California, contact your new local police so they will know about your orders.

If you move to California with a restraining order from another state, or if you have a restraining order issued by a tribal court (in California or elsewhere in the U.S.), your restraining order will be valid anywhere in California and the police will enforce it. If you want your restraining order to be entered into California’s statewide domestic violence computer system, you can register your order with the court.  But keep in mind that you are not required to register your out-of-state or tribal court restraining order. A valid order is enforceable even if you do not register it.

What a restraining order CANNOT do

A restraining order cannot:

            End your marriage or domestic partnership. It is NOT a divorce.

            Establish parentage (paternity) of your children with the restrained person (if you are not married to, or in a domestic partnership with, him or her) UNLESS you and the restrained person agree to parentage of your child or children and agree to the court entering a judgment about parentage. Read and use Agreement and Judgment of Parentage (Form DV-180) to do this.

Effect of a restraining order on the restrained person

For the person to be restrained, the consequences of having a court order against him or her can be very severe.

            He or she will not be able to go to certain places or to do certain things.

            He or she might have to move out of his or her home.

            It may affect his or her ability to see his or her children.

            He or she will generally not be able to own a gun. (He or she will have to turn in or sell any firearms he or she has, and will not be able to buy a gun while the restraining order is in effect.)

            The restraining order may affect his or her immigration status. If you are worried about this, talk to an immigration lawyer to find out if you will be affected.

If the person to be restrained violates the restraining order, he or she may go to jail, or pay a fine, or both.

Types of Domestic Violence Restraining Orders

Emergency Protective Order (EPO)
An EPO is a type of restraining order that only law enforcement can ask for by calling a judge. Judges are available to issue EPOs 24 hours a day. So, a police officer that answers a domestic violence call can ask a judge for an emergency protective order at any time of the day or night.

The emergency protective order starts right away and can last up to 7 days. The judge can order the abusive person to leave the home and stay away from the victim and any children for up to a week. That gives the victim of the abuse enough time to go to court to file for a temporary restraining order.

To get an order that lasts longer than an EPO, you must ask the court for a temporary restraining order (also called a “TRO”).

Temporary Restraining Order (TRO)
When you go to court to ask for a domestic violence restraining order, you fill out paperwork where you tell the judge everything that has happened and why you need a restraining order. If the judge believes you need protection, he or she will give you a temporary restraining order.

Temporary restraining orders usually last between 20 and 25 days, until the court hearing date.

“Permanent” Restraining Order
When you go to court for the hearing that was scheduled for your TRO, the judge may issue a “permanent” restraining order. They are not really “permanent” because they usually last up to 3 years.

At the end of those 3 years (or whenever your order runs out), you can ask for a new restraining order so you remain protected.

Criminal Protective Order or “Stay-Away” Order
Sometimes, when there is a domestic violence incident (or series of incidents), the district attorney will file criminal charges against the abuser. This starts a criminal court case going. It is common for the criminal court to issue a criminal protective order against the defendant (the person who is committing the violence and abuse) while the criminal case is going on, and, if the defendant is found guilty or pleads guilty, for 3 years after the case is over.

The Restraining Order Process

When someone asks for a domestic violence restraining order in court, they have to file court forms telling the judge what orders they want and why. What happens after that varies a little from court to court, but the general steps in the court case are:

1.             The person wanting protection files court forms asking for the domestic violence restraining order. There is NO fee to file.

2.             The judge will decide whether or not to make the order by the next business day. Sometimes the judge decides sooner.

3.             If the judge grants (gives) the orders requested, he or she will first make “temporary” orders that only last until your court date. The court date will be on the paperwork. These temporary orders can include issues like:

            Ordering the restrained person to stay away and have no contact with the protected person (and other protected people and family pets);

            Child custody;

            Who can use the family home; or

            Who can use other property, like a car.

4.             The person asking for protection will have to “serve” the other person with a copy of all the restraining order papers before the court date. This means that someone 18 or older (NOT involved in the case) must hand-deliver a copy of all the papers to the restrained person.

5.             The restrained person has the right to file an answer to the restraining order request, explaining his or her side of the story.

6.             Both sides go to the court hearing.

            If the protected person does not go to the hearing, the temporary restraining order will usually end that day and there will not be a restraining order.

            If the restrained person does not go to the hearing, he or she will have no input in the case and his or her side of the story will not be taken into account.

7.             At the hearing, the judge will decide to continue or cancel the temporary restraining order. If the judge decides to extend the temporary order, the “permanent” order may last for up to 5 years.

8.             If the judge also makes other orders in the restraining order, like child custody or child support orders, these orders will have different end dates and usually will last until the child turns 18 or a judge changes them.

Getting Help

You do not need a lawyer to ask for (or respond to) a restraining order. BUT it is a good idea to have a lawyer, especially if you have children.

The court process can be confusing and intimidating. Both people will have to see each other in court, and both will have to tell the judge details of what happened in a public courtroom. Having a lawyer or (for the protected person) support from domestic violence experts can help make the process easier to handle.

By: Robert R. Beauchamp

Robert Beauchamp
Law Office of Robert R Beauchamp
bob@ocdlaw.com
23120 Alicia Pkwy
Second Floor
Mission Viejo, CA 92692
Tel:  949-370-8000
Fax: 855-370-8100
orangecountydivorceattorney.lawyer

Avvo Guide - Domestic Violence
Link to Orange County Superior Court Guide and Domestic Violence Forms

Lost Boys: Jason Patric, Sperm Donors, Surrogates and Parenthood

Paternity and Divorce attorneys are a twitter.

Jason Patric, best known as the star of "The Lost Boys, has dated some of the most glamorous starlets of the past two decades. But, it's his role as a father that has most recently launched public scrutiny into some of the most private aspects of his life.

Three years ago Patric’s former girlfriend, Danielle Schreiber, asked him to help conceive a baby.

In a television interview with 20/20, Patric admitted: “I’ve been in a lot of relationships.” "I was always worried about having a child. ... But I was with someone, and I was at a certain age, [with] someone that I trusted and I loved. And so I said, 'Well, we can try this route.'"

A year later, their son, Gus, was born through the miracle of in vitro fertilization and for the next two years, Patric says, he was at the house every day.

But while Patric’s love for his son grew, his relationship Schreiber spiraled in the other direction.

Patric maintains that he has always had every intention to maintain a parenting relationship with the child and maintains that he never would have agreed to participate in IVF had he known Schreiber might not have wanted him to be the father. He maintains that he was always going to be the intended parent and so indicated on the IVF form on which he indicated that he was the intended father.

In 2012, Patric filed a petition to establish paternity. He lost in the trial court, which denied Patric custody and visitation of his four-year-old son, Gus, based on a California statute that provides that sperm donors do not have parental rights or responsibilities. But the case took a recent twist when the California Court of Appeals distinguished the case from a true sperm donor situation, upholding the paternity rights of a sperm donor who has demonstrated a close and committed relationship with his child.

The decision set a new legal precedent in the state for the rights of sperm donors. Interpreting state family law, California courts had never recognized a right of a sperm donor who isn’t married to the mother to make a paternity claim. “[A] sperm donor who has established a familial relationship with the child, and has demonstrated a commitment to the child and the child’s welfare, can be found to be a presumed parent even though he could not establish paternity based upon his biological connection to the child,” wrote Justice Thomas Willhite of the Second District Court of Appeal.

Patric’s victory could have implications beyond California, according to various law professors and practitioners. Georgetown University’s Jeffrey Shulman described it as an “important decision” for fathers’ rights.

“It serves as a cautionary note to mothers that there’s more than one route to seek paternity,” Mr. Shulman said.

Ms. Schreiber in court papers pointed to a California statute restricting the parental rights of sperm donors. That statute was intended to allow men to donate sperm without fear of liability for child support. But the appeals court said that the statute had been applied too broadly. In the case of Mr. Patric’s custody dispute, the court said, it was supplanted by another law that says a father is presumed to be the natural parent of a child if the parent “receives the child into his or her home and openly holds out the child as his or her natural child.”

The ruling “confirms the idea in the law that a biological parent can seek to establish a paternal right on the basis of having seized the opportunity to act like a parent,” said Mr. Shulman.

The ruling could also have repercussions for an unexpected population — women who use fertility treatments. Legal experts say the ruling could lead to changes in cases in which a man donates sperm to a woman he knows and then maintains a relationship with the child.

Patric's legal victory doesn't just impact heterosexual couples; it could also affect same-sex couples who have friends or acquaintances serve as sperm or egg donors.

The decision doesn't completely resolve Patric's fight to reunite with Gus. The "Lost Boys" actor must still prove to a Los Angeles judge that he qualifies as a father through his actions.

But the ruling definitely portends problems when a man donates sperm to a woman he knows or when a woman donates and egg to a person she knows then, as in Patric's case, begins to establish a paternal relationship with the child.

The ruling should prompt women receiving sperm donations, women receiving egg donations and surrogates for individuals they know should think twice about whether they maintain a relationship with the donor. Doing so could lead to to being designated later by a court to be a parent.

In the wake of the ruling, one should have to have a clear understanding from the minute the child's born, and even before, about what relationships are allowed with the child. Once you start the relationship, the court is going to allow the relationship to blossom.

No doubt the case is rare, but the scenario is likely to come up more frequently as reproductive technology advances and more same-sex and unmarried couples employ the procedures to start families.  And women won't be the only ones having to make difficult decisions at the fertility clinic. The key will be establishing immediately that you want to be the parent of the child.

By: Robert R. Beauchamp www.ocdlaw.com

Law Office of Robert R Beauchamp

bob@ocdlaw.com

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Mission Viejo, CA 92692

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