Can a restraining order be issued on an emergency basis?
Yes, in cases of immediate danger, an emergency protective order (EPO) can be issued by a law enforcement officer or a judge outside of regular court hours.
Are domestic violence convictions considered as “strikes” under California’s Three Strikes Law?
Normally, no. The answer is Yes, and domestic violence convictions can be considered as “strikes” under California’s Three Strikes Law, which imposes enhanced sentences for repeat offenders if the Domestic Violence conviction involves a violent crime and criminal conviction.
Are employers required to provide accommodations for employees experiencing domestic violence?
Yes, under California law, employers with 25 or more employees are required to provide reasonable accommodations, such as time off or changes to work schedules, to employees who are victims of domestic violence.
Can a person be charged with domestic violence if the alleged victim does not want to press charges?
Yes, in cases of domestic violence, the decision to press criminal charges rests with the prosecutor, not the victim. The prosecutor may proceed with charges even if the victim does not wish to cooperate.
Can a minor obtain a restraining order against an abusive parent or guardian?
Yes, minors in California can obtain restraining orders against an abusive parent or guardian if they can demonstrate the need for protection. Usually such a problem is done through a Guardian Ad Litem, a parent for the minor child or through a dependency court proceeding. The court will consider the best interests of the child […]Continue reading
What is mediation?
Mediation is a process where a neutral, adult third party, known as a mediator, helps disputing parties in reaching a mutually acceptable agreement pertaining to disputed issues in their divorce proceedings or legal separation proceeding or nullity proceeding.
Is mediation confidential in California?
Yes, mediation is confidential in California. This means that the discussions, documents, and communications that occur during the mediation process are not admissible as evidence in court proceedings
Can information disclosed during mediation be used in future court proceedings?
In general, information disclosed during mediation cannot be used as evidence in future court proceedings. However, there may be exceptions if there are concerns about child abuse, elder abuse, or other situations that require reporting to appropriate authorities.
Is mediation legally binding in California?
Mediation itself does not result in a legally binding decision. However, if the parties reach an agreement in mediation, they can choose to formalize it in a legally binding contract and seek court approval to make it enforceable through the Judgment process.
What Is Divorce Mediation, and How Does It Differ from Going to Court?
Divorce is often seen as a high-conflict, emotionally draining, and expensive legal process. But it doesn’t have to be that way. For many couples, divorce mediation offers a more peaceful, cost-effective, and private alternative to traditional litigation. But what exactly is divorce mediation, and how does it differ from going to court? Divorce mediation is […]Continue reading