Resources/Faqs

Family Laws Resources

What is a DVRO?

A Domestic Violence Restraining Order (DVRO) is a court order that protects victims of abuse or threats of abuse from a spouse, partner, family member, or cohabitant. It can include personal conduct orders, stay-away orders, custody/visitation orders, and residence exclusions.

The Process

  • Filing the Request – The protected party files Form DV-100. Temporary restraining orders (TROs) may be issued immediately
  • Service of Process – The respondent must be served with the paperwork before the hearing.
  • The Hearing – Both parties present testimony, evidence, and witnesses.
  • Court Considerations – Judges look at credibility, corroboration, and whether abuse occurred as defined by the Family Code.
  • Possible Outcomes – Grant DVRO for up to five years, deny, or modify.

Custody and Support Issues:

DVRO hearings often involve child custody and visitation orders. Findings of domestic violence impact long-term custody (Fam. Code §3044).

After the Hearing:

If granted, the DVRO is enforceable statewide. Orders can be renewed or modified.Takeaway: Preparation is critical. Bring evidence and witnesses. An attorney can help present your case clearly.

California Child Custody Basics

The Standard: Best Interests of the Child Courts decide custody using the best interests standard: health, safety, and welfare, and any history of abuse.

Types of Custody:

  • Legal Custody: Decision-making (joint or sole)
  • Physical Custody: Where the child lives (joint or sole).

Key Factors:

  • Routine and stability
  • Each parent’s ability to provide care
  • Child’s age and ties to school/community
  • History of abuse or substance abuse
  • Willingness to foster the other parent’s relationship

Orders

  • Temporary orders early in case
  • Final orders at judgment
  • Modifications if circumstances change

Orders

Parents may stipulate or go to mediation. Court decides if no agreement.Takeaway: Stability and safety guide decisions. Cooperation strengthens your case.

Spousal Support in California

Temporary vs. Permanent:

  • Temporary: Early support, often guideline-based.
  • Permanent: End-of-case, based on Fam. Code §4320

Key Factors:

  • Length of marriage
  • Standard of living
  • Earning capacities
  • Age, health, circumstances
  • Ability to pay

Duration:

  • Short-term (<10 yrs): ~half length of marriage
  • Long-term (10+ yrs): Court may retain jurisdiction
Takeaway: Support is discretionary. Evidence of income/expenses is critical.

Epstein & Watts Credits Explained

Epstein Credits:

Allow reimbursement for post-separation payments on community debts with separate property. Example: paying mortgage or car loan after separation.

Watts Charges:

Apply when one spouse exclusively uses a community property asset post-separation. Example: living in the community home without rent leads to reimbursement claim.

Limits & Exceptions:

  • Epstein credits denied if considered support or gift.
  • Watts charges offset by mortgage/taxes paid by occupying spouse.
Takeaway: Documentation is key—mortgage statements, receipts, appraisals.

California Divorce Step-by-Step

Immigration Laws Resources

I-751 Checklist & Evidence of Good-Faith Marriage

Why Evidence Matters:

Form I-751 requires proof of a genuine marriage.

Evidence to Include:

  • Joint bank accounts, credit cards, tax returns
  • Leases, mortgages, utility bills
  • Insurance policies
  • Children’s birth certificates, school docs
  • Photos with labels
  • Photos with labels
  • Travel records
  • Affidavits from friends/family

USCIS Requests:

Weak evidence can lead to RFE. Strong evidence upfront reduces risk. Takeaway: Present your life together as a story with financial, social, and personal ties.

Preparing for Your N-400 Naturalization Interview

Before the Interview:

  • Review your application
  • Study civics & English
  • Gather documents (green card, passport, marriage certs, tax returns, etc.)

During the Interview

  • English test (reading, writing, speaking)
  • Civics test (10 questions, need 6 correct)
  • Application review & background questions

After the Interview:

  • Approval → Oath Ceremony notice
  • Continued → Additional docs requested
  • Denied → Option to rehear or appeal

Spousal Support in California

Temporary vs. Permanent:

  • Temporary: Early support, often guideline-based.
  • Permanent: End-of-case, based on Fam. Code §4320

Key Factors:

  • Length of marriage
  • Standard of living
  • Earning capacities
  • Age, health, circumstances
  • Ability to pay

Duration:

  • Short-term (<10 yrs): ~half length of marriage
  • Long-term (10+ yrs): Court may retain jurisdiction
Takeaway: Support is discretionary. Evidence of income/expenses is critical.