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Family Law Blog

Domestic Violence Gone Digital: Internet-Enabled Abuse

Friday, April 24, 2020

There was a time when the use of technology in domestic violence cases was limited to harassment on the internet, and surveillance and tracking through cameras, cell phones, and computers. As detailed by The New York TimesCNBCSlate, and countless other outlets, the constant stream of internet-enabled "smart" devices has drastically altered the landscape of technology in domestic violence. The exponentially growing number of smart devices now serves as an ever-increasing armory of sophisticated weapons to wield in cases of domestic violence.

Technology

The ability to track a victim's technological and physical activity has only increased with the ubiquity of cellphones, apps, and wearable technology. Online harassment has evolved from emails and message boards to "doxxing" (releasing private information) and revenge porn. Technology and internet-enabled devices have not only made older forms of abuse easier, but introduced entirely new acts of abuse as well.

Abusers can take advantage of this smart technology to lock and unlock doors, adjust the thermostat, and control the power to lights, speakers, electronics, or even automobiles. Technological abuse can be used to demonstrate complete and utter control of the victim themselves as well as their surroundings without even having to be present at the time. It can be used to portray the victim as deluded and undermine their claims of violence. Further, it can be used to impose digital, emotional—and in the case of cars and internet-enabled locks—physical isolation from their support systems and escape options.

Learn More About Internet-Enabled Abuse

If you suspect you or someone you know is the victim of domestic violence, contact us today so we can help you and your loved ones escape from abusive and unsafe situations. With over four decades of experience and distinguished records of success in family law and domestic violence, our tailor-made strategies and personalized representation will help ensure your safety and achieve your goals better than any other firm.

How a Parent's Home Could Impact Child Custody

Wednesday, April 22, 2020

Judges may take each parent's home and overall living conditions into account when determining custody in California. Although considerations can vary from court to court, a judge may consider the total number of children, their ages, and their genders when evaluating the parents' homes.

The Total Number of Children Involved

Judges will decide whether or not the number of children may impact their living conditions. If multiple children are involved, parents may need to make sure they have sufficient space to accommodate them.

For example, a parent with four children will need to ensure that the home has enough bedroom space for each child to spend the night comfortably, or else the judge may rule unfavorably.

The judge will also consider whether the children are from multiple relationships and the primary parent with whom they live.

Ages and Genders

Generally, older children will need more space than younger children. Thus, courts could consider this whether the older child shares a bedroom with a younger sibling when determining custody.

Regarding gender, the court may require parents to maintain children's privacy if the children are of the opposite sex. This could include providing each child with his or her own bathroom or bedroom.

The Children's Safety

The overall safety of the children is also a huge consideration, including the safety of both the parent's home and the surrounding area. If the judge perceives any risk of injury at home or in the neighborhood, this could result in certain visitation restrictions. Parents should gain a good understanding of their neighborhoods, including the specific kinds of crimes that take place, the presence of sex offenders in the area, and the frequency of crimes.

Ability to Adjust 

Another factor that could impact visitation and custody could include the child's ability to adjust psychologically to a new living environment. For instance, a child may find it difficult to adjust to smaller accommodations when used to living in a more spacious home.

Conclusion

Contact us today to learn more about child custody and visitation and find out how the attorneys at Jamra & Jamra can help you.

Determining Parentage During a Same-Sex Divorce

Friday, April 10, 2020

Establishing parentage is important to make sure that same-sex parents maintain parental rights and are allowed to participate in parental responsibility allocation during the divorce process. However, there are still legal uncertainties in many locations throughout the U.S. when it comes to establishing parentage for same-sex couples. In California, the same rules applied to traditional paternity suits and divorces also apply to same-sex divorce and parentage.

Keeping the Divorce Out of Court

Same-sex couples going through the divorce process can benefit from staying out of court when resolving child-related issues. Couples can do so by discussing the matters with each other, in therapy, or with the help of a custody mediator who may be mandatory regardless of whether the divorce is in or out of court.

If the divorce goes to court, the rules pertaining to parenting rights for traditional couples will also apply to same-sex parents.

If Both Spouses Are the Legal Parents

Many divorces will involve two spouses who are both the legal parents of the child, which can be the case if both parents jointly adopt a child. The spouse of the child's biological mother is also considered the legal parent if:

  • The child was born prior to the legal marriage between the mother and father
  • Birth occurred 300 days of terminating the marriage
  • Non-biological parent adopted the child through a second-parent or stepparent adoption or developed a parent-child relationship via another parentage action.

If both parties in a male same-sex couple wish to establish dual parentage, either the non-biological parent will need to adopt the child, or if both parties are nonbiological parents, they must jointly adopt the child.

If One Spouse Is a Legal Parent

If only one individual is the child's legal parent, the other parent won't benefit from any parenting rights under any circumstances. Without establishing parentage, it may be difficult to secure visitation rights, although the legal parent will be able to determine if the second parent should be allowed to be involved in the child's life, as long as it is in the child's best interests.

Conclusion

For help with the same-sex divorce process and to learn more about establishing parentage, contact us today to see how Jamra & Jamra can assist you.

When to Consider Getting an Online Divorce

Monday, April 06, 2020

Couples today have the option of filing for divorce online in the absence of an attorney, but this isn't the best decision in many cases

Many couples may hesitate to hire attorneys because of the costs associated with them, but the fact is that working with an attorney can help you reach a better settlement than an online divorce without representation.

When You Can Get a Divorce Online

If you decide to file for divorce online without an attorney, there are some specific conditions that you'll need to meet to avoid any issues during the filing process. If you want to file for a divorce online, you should only do so under the following circumstances:

Both Spouses Agree to Divorce

If both spouses would like to get a divorce, they may not need an attorney. On the other hand, if only one spouse agrees to the divorce, an attorney may be required to serve divorce papers to the unwilling party.

Both Parties Are Involved Throughout the Divorce Process

When filing for divorce online without a lawyer, both spouses also need to participate in the proceedings. Spouses will be required to perform specific tasks and collect all of the necessary documentation to complete the divorce process. If either spouse fails to cooperate, an attorney may be required to help maintain compliance between both parties.

Both Spouses Are of Sound Mind and Judgment

If both parties are capable of making key decisions throughout the divorce process, you may be able to file online without issue. However, an attorney's involvement may be required if either spouse is incapable of making these decisions for any reason such as mental incapacitation or substance abuse.

Agreed to Full Disclosure of Assets and Liabilities

Both parties in the divorce process will need to maintain openness and honesty to avoid the involvement of an attorney, including full disclosure of all liabilities and assets involved.

Conclusion

If both parties meet these circumstances, it may be possible to get a divorce online. In most cases, it can be beneficial to both spouses to work with an attorney to assist with the divorce process, which can be complicated. Contact us to learn about what the Law Office of Jamra & Jamra can do to help you navigate a divorce to secure the best possible outcome.