Child Custody Attorney Las Flores

If you are searching for the best Child Custody attorney in Las Flores, look no further. Binoye Jos, of JOS FAMILY LAW, is a compassionate, experienced attorney who will fight for your rights in a manner that is efficient and cost-effective. Sometimes, even the best parents’ minds are clouded due to the emotional nature of Child Custody proceedings. These parents may even discuss such adult matters with their child. This causes undue hardship on a child, who should be protected from discussions regarding Child Custody, especially when there are hard feelings between the parents. When a child initiates a discussion about these issues, it is best to simply let them know that their parents are working it out, and to change the subject. And if your child continues to obsess about these matters, it may be a good idea to have a therapist speak with your child. At JOS FAMILY LAW, our objective is, of course, to help our clients. In doing so, however, our focus must always be on what is in the best interests of the child.

Family Law is one of the very few practice areas where a good attorney can truly act as a counselor. As such, we at JOS FAMILY LAW have an opportunity to advise our clients when they are acting in a manner that is NOT in the best interests of their child. Unfortunately, some attorneys prefer lengthy litigation over a more peaceful mediation, even when the latter is a more suitable – and much less costly – solution for resolving conflicts that arise when making determinations regarding child custody. The only party who benefits from lengthy litigation is the attorney, and the benefit is purely financial. It is the attorney’s client who suffers.

If you are truly looking for an attorney who will mediate, whenever possible, and will use the courts to make determinations when mediation falls short, feel free to contact JOS FAMILY LAW. We will help you make the transition into your new life as seamless as possible. You may reach us at (714) 733-7066 or via email at jos@josfamilylaw.com. We look forward to discussing your Child Custody matter with you, and helping find the solution that best fits your needs and desires.

If a person involved in a dating, married or other type of intimate relationship is the victim of physical or emotional abuse, the victim can request a Temporary Domestic Violence Restraining Order against their abuser provided that the victim gives notice to the abuser the day before the hearing. There are exceptions to such notice. The victim can request a restraining order even if there has been a single incident of abuse.

Only certain types of persons can be part of a DVRO lawsuit, such:

1. a spouse;
2. former spouse;
3. former boyfriend or girlfriend;
4. parent of a child;
5. any other person related by blood or affinity within the second degree;
6. current or former cohabitant where they have or had a casual romantic relationship.

The Judge will read the request for a temporary restraining order and any opposition to the request. The Judge will grant a temporary restraining order (without a hearing) if he believes, based on the pleading that harm will result if the Order is not granted.

A request for a temporary restraining order must be granted or denied the same day it is filed. After that, a hearing must be set within 21 days of issuance or if there is good cause, within 25 days.

If there is no request for a temporary restraining order, then the hearing must be held within 25 days of filing of the Petition.

The respondent must be served at least 5 days before the hearing. A respondent has the right to one continuance. This type of cases is entitled to priority on the Court calendar because allegations of abuse are serious.

If the Judge grants the request for a temporary restraining order, it will stay in place until the date of the hearing on the long-term order. The Sheriff can serve the restraining order upon request of the victim.

As part of that order, the victim can also request that the restrained be ordered to move out of their shared residence.

Parentage can also be established as part of a Domestic Violence Restraining Orders if both parents agree OR if neither one of them contests this issue. If this happens, the parents cannot open a separate case to establish their parentage rights.

As part of a request for a Domestic Violence Restraining Order, the Judge can also order Child Support.

At the hearing, the law permits the victim to be accompanied by anyone they choose for emotional support at their hearing.

This type of case is intended to result in an order which:

1. restraints the personal conduct of one party, typically that person cannot come within 100 yards of the protected party;
2. restrained party must surrender any firearms;
3. restrained party must not stalk or seek to communicate with the protected party;
4. can exclude the restrained party from the residence;
5. can include third persons under its protection;
6. can include pets;
7. can require that the restrained party take a Anger Management or a Batterer’s Intervention Class;
8. can require that the restrained party pay the Attorney’s fees of the protected party.

A restraining order can last up to five years. If the victim still feels the need for continued protection, no more than 30 days before the order expires, they can request a renewal. This request must state the reason(s) that the restrained person still poses a threat of harm to the protected party.

There is no fee charged by the Court for filing of this type of request for order. This type of case can be difficult to prepare as a self-represented party due to the emotional trauma caused by the abuse.

In such situations, it is best to discuss the matter with an experienced attorney like Binoye Jos. Mr. Jos can guide you through the process. Call (714) 733-7066.