Individuals and families are now finding themselves in unprecedented financial difficulties. As a result of the deflated market, increased unemployment, and inflated gas prices, people are forced to consider bankruptcy as an option. Please call the Law Office of Xochitl A. Quezada to determine your options.

The decision to divorce is a difficult one to make particularly if children are involved. Ms. Quezada can help you through this emotionally and financially demanding time as painlessly as possible. In any divorce, there are complex issues to sort out such as division of assets, division of debt, child custody and visitation challenges, spousal support, and others. Ms. Quezada has the experience and knowledge to help your divorce proceed smoothly.

Child custody is an extremely difficult area for divorcing parents to face. Parents naturally want to protect the best interests of their children. California law encourages joint custody arrangements, which gives both parents the right and responsibility to make decisions regarding their children’s future. The court also determines physical custody, generally giving one parent primary physical custody and the other parent, secondary custody. Ms. Quezada is experienced in handling the sensitive issues surrounding child custody. She will represent your interests and reach an ideal consensus. Her goal is to obtain the optimal benefits for you and your family.

In the event you decide to reach a child custody agreement, you may not know where to start. It can be difficult to move beyond the emotions at hand to come to a consensus. Ms. Quezada will guide you through the process in a reassuring manner. She carefully explains the rights, laws, and the legal procedure to each client, so that they fully understand their options.

Next, she listens to your priorities and concerns, so that she can accurately articulate and address your wishes to the court. Ms. Quezada is knowledgeable in all types of custody, visitation, and other issues. She can help you reach sound decisions that guard the future of your children and your relationships with them.

A paternity suit is the proper vehicle to formalize by court proceedings the parent/child relationship. It addresses all issues pertaining to children born of the relationship.

There are several means in which one can establish paternity when a child is not born inside a marriage, including DNA paternity testing and voluntary declarations. Typically, the father and mother sign a voluntary declaration of paternity at the hospital, stating the man in question is the legal father of the child. Alternatively, if the supposed father denies paternity or is uncooperative, a family law court can order the alleged father to submit to a paternity test in circumstances that indicate a probability that he is the legal father of the child in question. Typically, this will require a court appearance during which it is recommended to have a paternity lawyer represent your interests so that you can be assured the court will order DNA paternity testing.

Establishing paternity will affect many important and fundamental parental rights, primarily child support, custodial time, visitation, and even your attorney’s fees. 

A domestic violence restraining order is a court order that protects a person from being abused by another person. You will have to go to court to prove your domestic violence case, and it is important to have an attorney who can represent your best interests.

You can ask for a restraining order if you have been abused by:

• Someone you are dating.
• A relative.
• A spouse or ex-spouse.
• A romantic partner with whom you live or with whom you used to live.

A restraining order can force the restrained person to:

• Not contact you.
• Stay away from you, your family, or the people that live with you.
• Move out of your home.
• Pay child support or spousal support.
• Obey child custody and visitation orders
• Not be allowed to possess a weapon.

Once a restraining order is issued, only the judge is authorized to revise or terminate the order. The TRO usually lasts until the next scheduled court hearing, usually three weeks, at which time the judge will rule whether to continue or terminate the restraining order. If the person, who is restrained, violates the order, they can be charged with committing a crime. If the judge rules to continue the restraining order, the order can be issued for up to five years.

In Civil Court, as opposed to Family Court, special procedures are available to provide quick relief to persons who have suffered harassment at the hands of others if great or irreparable injury is threatened.

The California Code of Civil Procedure defines harassment as either: 1) unlawful violence (assault, battery or stalking other than in self-defense of others); 2) credible threats of violence (a statement or course of conduct willfully placing another in fear for safety of self and family member; or 3) a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys or harasses that person, serves no legitimate purpose and would cause a reasonable person to suffer substantial emotional distress, and in fact causes the victim to suffer such distress.

Because the victim has to seek a civil harassment order in Civil Court, there are certain legal procedures and requirements that may hinder a lay person’s ability to obtain the necessary relief. For instance, some courts require oral testimony, which means the victim must conduct direct-examination and cross-examination of witnesses.

Further, the victim must establish by “clear and convincing evidence” one of the three definitions of harassment listed above. This is the highest burden of proof in Civil Court and means the victim must present enough evidence that results in a reasonable certainty of the truth of the ultimate fact in controversy. 

Finally, according to the California Code of Civil Procedure, the prevailing party may be entitled to recover costs and attorney’s fees from the other party. The victim may be ordered to pay for the perpetrator’s costs and attorney’s fees if the victim does not successfully present his or her case. Consequently, an attorney can be helpful in avoiding any legal hurdles and ensure the victim’s case is properly and effectively presented before the court.