Yes, if one spouse in a same-sex marriage transitions their gender identity, the marriage can still be legally recognized in California. The legal gender transition of one spouse does not invalidate the marriage.
Yes, same-sex couples can obtain a marriage license in any county in California, and the license is valid throughout the state. The process and requirements for obtaining a marriage license are the same for all couples, irrespective of sexual orientation.
Domestic violence under California law includes any abuse or threats of abuse between individuals who are in a close relationship, such as spouses, former spouses, cohabitants, or individuals who have a child together
Violating a restraining order is a criminal offense in California. The consequences may include arrest, fines, and potential jail time for the offender.
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.
Yes, under certain circumstances, a victim of domestic violence can seek a court order for the abuser to be removed from the shared residence and to prohibit them from returning.
Yes, domestic violence can have a serious impact on child custody and visitation decisions in California. The court will consider the best interests of the child and may limit or supervise visitation to protect the child’s safety. More importantly, in the event of a Domestic Violence conviction, the court is mandated to issue an order […]Continue reading
Yes, California law allows victims of domestic violence to terminate a residential lease agreement early without penalty by providing proper notice and documentation to the landlord.
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
Yes, same-sex couples are afforded the same domestic violence protections as oppositesex couples in California. The law does not discriminate based on sexual orientation or gender identity.
