Yes. A criminal case seeks to determine guilt or innocence, and to hold an offender accountable to the state through punishment. A guilty verdict must be reached beyond a reasonable doubt. For many reasons, a criminal case may not be
If the perpetrator is found liable in a civil court, there are three different types of monetary damages: economic damages, which pay back actual damages suffered, such as medical bills or lost wages; general or non-economic damages, which are discretionary
Yes; there are different ways to protect your privacy. We can keep your name and other personal information out of the public record by filing the suit under a pseudonym, e.g. Jane Doe or John Doe; we can also file
It depends. Some cases will resolve relatively quickly, with a settlement that is agreeable to both sides. Other cases will proceed to trial and may entail extensive discovery, e.g. investigations, depositions, and interrogatories. At the outset it is difficult to
It really depends on you, the opposing party, and the complexity of your case. It can take anywhere from 3 months to 3 years or more.
The law recognizes that your work inside the home adds value to the marriage. For this reason, the income earned from working outside the home is distributed to both parties upon separation. The court has the power to order your
As parents, you can negotiate and reach an agreement about what is in your child(ren)’s best interest. You can hire an experienced attorney to help you develop your post-separation parenting plan. There are also a number of helpful self-help resources
California is a community property state, which means that unless you contract for something different (see prenuptial and antenuptial agreements), when you get married, all income, property, and debts are community property and shared equally among the spouses. Assets you
Mediation is a process dictated by the parties. In mediation, there is much more communication between the parties than in a litigated case, which can lead to an ultimate and permanent resolution of “old issues.” It can be much less
Yes, if mediation concludes successfully, you and the other party will sign an agreement that will then be filed with the court.
If mediation is unsuccessful, you are free to litigate the matter further in court. All aspects of the mediation process remain confidential and your mediator cannot be called to testify.
It is a good idea to obtain a restraining order even if there is a criminal case against your abuser. In the criminal case the district attorney, on behalf of the State of California, is in control of the case.
Yes. A restraining order will contain custody and visitation orders tailored to the needs of your family. The court will consider the best interests of the children in making custody and visitation orders. The court can make orders that structure
The court cannot make any orders unless the respondent has been personally served. Once he or she is personally served, it is his or her choice whether or not to attend the hearing. If the restrained party is present, you
ADZ Law, LLP represents clients in San Mateo County and the San Francisco Bay area of California. If you have legal questions, we invite you to contact ADZ Law, LLP to schedule a consultation to learn more about our practice areas, our team, and how we can help you.
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