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What Is A Collaborative Divorce?

What is a collaborative divorce? What are the benefits of a collaborative divorce? What is the process? Are there cost savings? Welcome to our comprehensive guide on collaborative divorce, featuring experienced family law attorney Sina Mohajer. Sina offers in-depth insight into the world of divorce law and alternative methods to litigation, such as collaborative divorce. If you have any questions or would like to speak with a skilled attorney about family law, contact Mohajer Law Firm today at (626)569-5200. Transcript: If you’re thinking about filing for divorce, you don’t necessarily have to litigate your case. There’s another approach you can take, which is called a collaborative divorce. And in this video, we’re going to discuss just that. We’ll touch on what does it mean to have a collaborative divorce? What is the process, as well as, what are some benefits in doing a collaborative approach versus litigating your case in front of a judge? Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019. What Is a Collaborative Divorce? So what does it mean to have a collaborative divorce? It means just that. You and your ex get to decide all of the issues and how you want to resolve your divorce without ever stepping foot in a courtroom. You need to resolve issues of custody, visitation, child support, spousal support or alimony, as well as a division of assets and debts. What Is the Process for a Collaborative Divorce? The process is even simpler than that. Once you file your petition for dissolution, we start drafting your stipulated judgment, which is basically the agreement that you and your ex have entered into to resolve your divorce. Once a judge signs off on it, you are done. Not one court appearance is needed and you get to start your new life. What Are the Benefits of a Collaborative Divorce? One of the biggest benefits of going through a collaborative approach versus litigation, is the amount of attorneys fees and costs you’re going to save. When litigating a divorce case, you can spend tens of thousands of dollars until you finalize your divorce. But in a collaborative approach, it’ll be nominal. The only time needed would be drafting the petition, the stipulated judgment, as well as any possible negotiations back and forth to resolve all the issues in your divorce. Another main benefit in a collaborative approach is the fact that you are in control. You and your ex get to decide all issues, rather than placing it in the hands of some stranger judge who gets to decide how you’re going to live your life moving forward. By keeping the control within you and your ex, it’s one of the greatest benefits that you can receive by doing the collaborative approach. Legal Help With Your Collaborative Divorce If you have any questions about your case, or you’re more interested in this approach versus litigation, feel free to give our office a call. I’ll be happy to schedule an initial consultation.

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What are the Rules for Supervised Visitation?

In this video, Attorney Sina Mohajer of the Mohajer Law Firm dives into the complex world of supervised visitation. Whether you’re a father seeking visitation rights, a mother concerned about your children’s well-being, or just a concerned relative, understanding the rules of supervised visitation is crucial. As a family law attorney serving Greater Los Angeles County since 2012, and a rated member of Super Lawyers since 2019, Sina provides expert insights based on years of professional experience in the field. In this comprehensive guide, he breaks down supervised visitation rules, how it works, and who can be a supervised visitation monitor, be it professional or nonprofessional, such as a family member. Supervised visitation is a court-ordered arrangement designed to ensure the safety and welfare of children during visits with a non-custodial parent. But when is it necessary to bring this request to the court? Sina discusses scenarios that might require such a measure, including issues with drug or alcohol abuse, anger, or negligence by the parent in question. Remember, the safety and well-being of your children are paramount. Let Attorney Sina Mohajer guide you in understanding and implementing the rules for supervised visitation to ensure that every interaction with your child is safe, healthy, and fulfilling. If you have any questions or want to speak with a skilled attorney about family law, contact Mohajer Law Firm at (626)569-5200. Transcript: If you’re involved in a visitation of a minor child, the need may arise where you need to request from the court for supervised visitation for the other parent. But what does that mean? In this video, we’re going to discuss just that. We’re going to talk about: what is supervised visitation, how does it work, and who can serve as the monitor, whether it’s a professional or a nonprofessional. And at what point do you need to bring to the Court’s attention and request for supervised visitation? Hi, I’m Sina Mohajer. I’m a family law attorney practicing in Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association, and I’ve been rated by Super Lawyers since 2019. What Is Supervised Visitation? So, what is supervised visitation? Well, the purpose is to monitor the other parent when they’re with the kids to ensure the safety and well-being of those children. Who Can Serve as a Monitor? Who can serve as a monitor? It’s pretty open. If the court orders professional monitors, then it has to be just that. But if it’s a nonprofessional, then you can have any grandparent, aunt and uncle, or any third party that the parties are comfortable with to serve as that monitor. When to Request Supervised Visitation Now, what are some times where you need to bring to the court’s attention and request for that supervised visitation? Because the purpose is to protect the children, then we need to be able to show the court that the children need protection when they’re with the other parent. For example, if they have a drug problem or an alcohol problem, whether they have anger issues, or if they’re negligent when they’re around the kids. It’s something to ensure that their custodial time with the kids are running smoothly and there’s no worry for the safety and well-being of those children. Contact an Experienced California Family Law Attorney Today If you have questions about your family law case or you want to dive deeper into whether your case is fit to request from the judge for a supervised visitation order for the other parent, feel free to give our office a call. I am happy to schedule an initial consultation.

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How To Legally Change Your Name In California

Are you wondering how to legally change your name in California? This guide, presented by seasoned family law attorney Sina Mohajer of the Mohajer Law Firm, covers the steps to legally change your name in California, whether you are seeking to change your name after marriage, divorce, or for other personal reasons. If you want to learn more about legally changing names in California, call us at Mohajer Law Firm in California. Fill out our online contact form or call us at (626) 569-5200 to schedule an initial consultation with one of our qualified family law attorneys.  Transcript: If you’re looking to legally change your name, there are a couple ways of approaching this. One is through the divorce process and another one is by filing a petition for a name change. But what does it mean to do that? Which approach is better? And how long does it take? Or even better yet, can the court reject your request? In this video, we’re going to answer all of those questions. Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019. Legal Name Change During California Divorce Proceedings One method of changing your name would be through the divorce process. In every petition for dissolution, there’s an area where you can check off and request for the court to change your name, whether it’s to go back to your maiden name or to go to any other name whatsoever. The process is very easy for that particular issue, as there’s really no argument or proof that you need to provide to the court in order to get your request granted. It is almost always guaranteed that you’re going to get your request granted by the judge. Name Change in California Outside of Divorce: Legal Process & Guidelines But what happens if you’re not in a divorce proceedings and you’re requesting for the court to change your name, whether it’s to match your gender identity or whether it’s for any other reason whatsoever? That process is a little bit more lengthy. After filing your petition, you have to also publish your requests in the newspaper of general circulation for a definitive amount of time before your court hearing. At the court hearing, your appearance might be needed or it might not, where the court just grants your request. Court Considerations for Name Change Under California Law But, there are certain factors that the court looks at. For example, what’s the purpose or reason that you’re asking for your name change? If you have any type of criminal convictions that you’re trying to avoid or if you’re trying to avoid any type of debts that you owe, the court needs to inquire to ensure that you’re not trying to commit any type of fraud or bad doing. Finalizing Your Legal Name Change in California The process after that, once the court grants it, you get your name change, you’re done, no questions asked and you start your new life. Legal Help for Name Change in California If you have questions about the name change process, or any other questions regarding name changes, feel free to give our office a call. I’ll offer initial consultation, and we can discuss more in detail, exactly what the purpose or what you’re trying to achieve.

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Can a Child Refuse Visitation with a Parent in California?

Welcome to this comprehensive video guide on child visitation rights in California, featuring seasoned family law attorney Sina Mohajer. This video addresses crucial questions like “Can a child refuse visitation with a parent?” and “What age can a child refuse visitation in California?” that have been the cause of concern for many parents navigating the intricacies of child custody and visitation arrangements. Family laws can be difficult to interpret. Therefore, if you seek competent legal advice regarding California family law matters, we are here to help. Fill out our online contact form or call us at (626) 569-5200 to schedule an initial consultation with one of our qualified family law attorneys.  Transcript: If you have a custody order and you find yourself in a situation where your child is just not wanting to participate in that visitation schedule, well, this isn’t the first time this has happened. In fact, this type of occurrence happens more frequently than you think. But in this video, we’re going to cover a few topics. One is whether a child can refuse to participate in a court ordered visitation. Two is at what point does the court take into consideration that child’s preference? And then lastly, what happens if your child outright refuses to go on that court ordered visitation? Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019. Can a Child Refuse Court-Ordered Visitation? The first question is, can your child refuse to go on that visitation? Well, your child can do whatever that child wants to do, he’s a kid or she’s a kid. The important thing to realize is whenever you have a custody order, the obligation does not fall on the child, but instead it falls on the parents. So if your child ends up not going on that visitation, the court’s not going to get upset at that kid, the court’s going to get upset at you for failing to follow a court order. So the question of whether a child can refuse to go on a visitation? Absolutely, there’s no stopping them. But the important part is to figure out what you should do to make sure that you don’t get any consequences by the court. Age Considerations in Child’s Visitation Refusal Now, at what age does a court consider the child’s preference. Well, the family code is very particular. At the age of 14, the court must consider the child’s preference when making a determination of what the custody arrangement needs to be. But that doesn’t mean just because they have to take their preference into consideration, that they’re going to actually listen to the child. But 14 is the golden age. Anything under 14, the court has discretion. They may listen to their preference or they may not. But at the end of the day the court’s one duty is to figure out what is in the best interest of that child and make orders that reflect that. Dealing with a Child’s Refusal for Visitation Now, what happens if your child outright refuses to go on that visitation? Well, certainly, as your child gets older, your kid’s going to have more and more opinions and feelings about the schedule that they were exercising from however long ago. And you can definitely not tie up your child and deliver them like an Amazon package to the other parent just because you’re court ordered to do that. Encouraging Your Child to Follow the Visitation Order Instead, it’s very important that you talk to your child and assure them and support them, the fact of how important it is to visit with the other parent and to follow this court order. And if that doesn’t work, perhaps you might want to reach out to the other custodial parent and ask them to kind of intervene and talk to the child and figure out what are the reasons or basis that they’re not wanting to go on that visitation. At the end of the day, if your child refuses, you can’t force them. All you can do is continue to nurture that relationship, encouraging them and give positive feedback. So that way, they choose to go on that visitation. Legal Consequences of Child Refusing Visitation But if you find yourself back in court, it’s important that you set up your chips accordingly so the court doesn’t blame you for the fact that your child does not want to go on that visit. And they don’t blame you, that you’re perhaps alienating the other parent. Legal Advice for Child Visitation Issues Now, if you find yourself in a similar situation and you’d like to talk to a seasoned family law attorney, I welcome you to contact our office. I’ll be happy to schedule you an initial consultation.

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How Is Debt Divided In A Divorce In California?

What happens to debt in a divorce in California? How are debts split in a divorce? What is community debt? Sina Mohajer, an experienced family law attorney, walks you through understanding and managing the division of debt during a divorce. Contact Mohajer Law Firm if you are looking for experienced divorce attorneys in Los Angeles. We will evaluate your circumstances and guide you through seeking a fair debt division in your divorce proceedings. Fill out our online contact form or dial (626) 569-5200 to schedule an initial consultation with one of our certified family law attorneys. Transcript: When dealing with a divorce case, chances are you’re going to have to figure out how to divide the debt. Whether it’s a community debt, needs to be divided equally, or whether it’s a separate debt that needs to be assigned to one of the parties. In this video, we’re going to talk about just that. What is considered as community debt? What’s considered a separate debt? And how the courts look at it as far as figuring out how to divide it, or not at all, and just assigning that debt to an individual? Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019. Rules for Dividing Debt in California Divorce So what is community debt, and what is separate debt? Well, you always want to look at your benchmarks: date of marriage and date of separation. Anything acquired before the date of marriage is considered as your separate debt. The court’s not going to share that debt with anyone else, and it’s going to be yours. Anything acquired after the date of separation, that’s also a separate debt and that doesn’t get divided. The only debt that does get divided is any debt that was acquired between the date of marriage and the date of separation. How is Debt Divided in a Divorce in California And there’s many ways to divide the debt. You can either split at 50/50, or depending on the assets and who takes what, you can assign the majority of the debt to one side or the other. So long as we have an equitable distribution of assets and debts. Contact Us About Your Divorce in California Now, if you’ve got questions about your case or about your divorce proceedings, feel free to contact us. I’ll be happy to schedule an initial consultation.

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Is Child Support Taxable In California?

Is child support considered taxable income in California? If you’re the payor, are child support payments deductible? For more information on child support and taxes, contact us at Mohajer Law Firm. Our seasoned child support attorneys cater to all family law matters. Fill out our online contact form or dial (626) 569-5200 to schedule an initial consultation with one of our certified family law attorneys. We will evaluate your circumstances and help you seek a fair amount of court-ordered support from your former spouse. Transcript: Whether you’re receiving child support or you’re paying child support, I’m frequently asked, ‘how will this affect my taxes?’ Well, in this video, we’re not only going to cover what is child support and how it’s calculated, we’ll also discuss whether receiving child support is considered as taxable income in the state of California. And if you’re paying child support, whether you can write it off during tax season. Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019. What Is Child Support? How Is Child Support Calculated? So what is child support and how is it calculated? Well, in family court, it’s very simple. We use a simple calculation. It’s actually a software that was created by the state in order to create or establish a guideline support. So what that means, it takes into account your income, the other parent’s income, your custodial timeshare, along with other taxable information. And the system tells us what guideline child support is. Now, you’re not going to be able to deviate it, most likely, but there’s always some wiggle room whenever you step foot in a courtroom. Is Child Support Considered Taxable Income in California? Now, whether you’re receiving child support, is that considered as taxable income? Well, in the past, it was taxable income. But recently, the Internal Revenue Service has changed their laws and regulation, so if you’re receiving child support, it is no longer considered as taxable income. The Payor’s Perspective: Are Child Support Payments Taxable? But what if you’re the payor? What if you’re the one who’s, every month, shoveling out child support payments on a monthly basis? Well, as I’m sure you might recall in the past, you were able to write that off. Recently, that has also changed. According to the Internal Revenue Service, you can no longer write off your child support payments as a deductible. Request a Consultation: Filing Taxes with Child Support in California Now, if you’ve got questions about your child support payments or other issues pertaining to your family law case, feel free to reach out to us to schedule yourself an initial consultation. I’ll be happy to sit with you to discuss your options and figure out the best approach.

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Alimony Explained: Understanding Spousal Support & Factors Courts Consider

In any divorce case, you often deal with various issues such as custody, visitation, child support, division of assets, and debts. However, alimony is a significant element, especially in cases involving disparity in income and standard of living. What is alimony? Alimony is a monthly payment that you may either receive or pay in a divorce case to maintain the same standard of living that you had while married. But how does the court determine the amount and necessity of alimony? This video is dedicated to answering these questions. Contact Mohajer Law Firm if you are looking for experienced alimony lawyers in Los Angeles. Fill out our online contact form or dial (626) 569-5200 to schedule an initial consultation with one of our certified family law attorneys. We will evaluate your circumstances and guide you through seeking a fair amount of alimony from your spouse. Transcript: In any divorce case, you’re going to have to deal with five issues. If you have children, you’re gonna have to deal with custody, visitation, and child support. If you’ve got assets and debts, you’ve got to deal with the division of those. And lastly, you might have to deal with the issue of spousal support, or what’s also considered as alimony. Now, in my other videos, I’ve talked about many of those topics but specifically in this video, we’re only going to address alimony. But more importantly, we’re going to dive into what is alimony, how the court calculates alimony, as well as what factors the court considers in determining whether to even award it or not. Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019. What is Alimony? So, what is alimony? Well, alimony is a monthly payment, that you would either receive or pay, in order to maintain the same standard of living that you once had when you were married. Calculating Alimony: Court’s Method and Considerations Now, how the court determines how much spousal support or alimony needs to be paid, it depends on where and the pendency of the action you’re in. If it’s before trial, then it’s considered as a temporary support order, and that’s very easy to calculate. We use the software that you might have heard of in my other videos called DissoMaster, where we input your income as well as your other spouse’s income, and the software generates and lets us know how much spousal support needs to be paid. Role of Domestic Violence and Earning Capacity in Alimony Awards Now, the factors the court considers in determining whether to award spousal support is another issue. For example, if there’s some domestic violence and the aggressor is requesting for spousal support, well, the family code is very straightforward on that. An aggressor, after a finding of domestic violence, cannot ask for spousal support. As well as the earning capacity of the person who’s asking for spouse support, is going to be taken into consideration. If you’ve got a spouse who hasn’t worked for over 10 years during the marriage, because you’ve been making all the money, you’re the breadwinner. Well, once you’re separated, the court expects for that spouse to be able to become self-sustaining, so they have to get a job, whether it’s to advance their education or to get a good paying job or not. Earning capacity is going to be a huge factor in determining whether spousal support should be awarded or not. Influence of Marriage Duration on Alimony Decisions And lastly, it’s going to be the duration of your marriage. If it’s a short-term marriage or a long-term marriage, that’s going to be a huge factor in determining whether to award it or not. Free Consultation for Your Alimony Case If you’ve got questions about your case, and you would like to discuss it in more detail, I’ll be happy to offer an initial consultation.

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Things You Should Know As A Non-Custodial Parent

If you find yourself in a custody battle, where you’re the non-custodial parent, you probably have a lot of questions, such as, how did I become the non-custodial parent? What are the rights of a custodial parent vs. non-custodial parent? What happens if the non-custodial parent misses visitation? In this video, Sina Mohajer discusses how you can overcome, modify, or change your child custody order. What are your rights and responsibilities or legal rights as a non-custodial parent? And how the court determined that the other parent gets to have primary custody. If you have any questions or would like to speak with a skilled attorney about family law, contact Mohajer Law Firm today at (626) 569-5200. Transcript: If you find yourself in a custody battle where you’re the non-custodial parent, you probably have a lot of questions as to how I became the non-custodial parent. How can I overcome it or change that order? What are my rights and responsibilities or legal rights that I have as a non-custodial parent? And how the court determined that the other parent gets to have primary custody. And in this video we’re going to address all of those. Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019. What Is A Non-Custodial Parent? What does it mean to be a non-custodial parent? Plainly put, it just means that more than 50 of your child’s time is being spent with the other parent. And that’s it. There’s no negativity on that. But certainly, I’m sure you want more time with your kids as any other good parent does, too. Why Did I Become the Non-Custodial Parent? But the question is, how you got here. In this video specifically, we’re going to address a scenario where I’ve had many clients come to me and saying the court just found that either, a) I was not a fit parent, or b) the other parent was just more capable of taking care of the kids. And that could be on a number of reasons. It could be alcohol issues, drug issues. It could be that on your time, on your last visitation, the children were put in harm’s way or at risk of in harm’s way where the court found that it’s best to limit your time to maybe alternating weekends or maybe no overnights. How to Change a Child Custody Order Now, how to overcome that? It’s very important and it depends on your circumstance. If the court found alcohol was an issue, then going to an alcohol program and showing that growth and improvement goes a long way. If you were not co-parenting effectively, or creating more problems in front of the children, well, then taking co-parenting classes might be the easy fix to show the court that you have grown and improved yourself in order to increase your custodial time with those kids. Now, your legal rights and responsibilities, really, you always want to look at the court order. The court order sets forth the rules and regulations that you and the other co-parent must follow. There’s no ifs, ands, or buts, and chances are, you probably have joint legal custody. If you don’t, you definitely want to talk to a seasoned family law attorney to find out exactly what your rights are. But with joint legal custody means that neither parent can make any unilateral decisions without the consent, written consent, from the other parent or a court order. Help With Your Family Law and Child Custody Case If you have questions about your case more specifically or you’d like to discuss strategy on how to overcome where you’ve already been to get that more time with your kids, feel free to give our office a call. We would be happy to offer you an initial consultation to discuss your options and to figure out the best process to take from there.

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Filing For Divorce While Your Spouse Is Incarcerated

How to Divorce Someone in Jail If you’re filing for divorce yet your spouse is incarcerated, you’re going to face quite a few obstacles in finalizing that case and getting that judgment of dissolution. In this video, Sina Mohajer discusses challenges that you could be facing when one spouse is in jail and what are some rights that the incarcerated spouse has, as far as participating in the proceedings? If you have any questions or would like to speak with a skilled family law attorney, contact Mohajer Law Firm today at (626)569-5200. Transcript: If you’re filing for divorce, yet your spouse is incarcerated, you’re going to face quite a few obstacles in finalizing that case and getting that judgment of dissolution. In this video, I’m going to address, one: can you even get divorced if your spouse is incarcerated? What are some rights that the incarcerated spouse has as far as participating in the proceedings? And the third one being, what are some other challenges that you could be facing when one spouse is in jail. Hi, I’m Sina Mahajar. I’m a family law attorney practicing in Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019. How to Divorce Someone in Jail First question is, can you even get divorced if your spouse is incarcerated? Simply put, yes. In the state of California, you only need one spouse requesting for a dissolution and the court will give it to you. Now, leading into the second question, what are some obstacles? The biggest obstacle you’re going to face is really service of process and giving proper notice to your incarcerated spouse. Because they’re in jail, you can’t just have anyone show up and serve them personally with the summons and petition. You can’t just simply send it in the mail and say, here you go, here’s a notice motion hearing coming up in a few weeks. There’s a certain channel or process that you have to go through in order to properly serve and properly notify your incarcerated spouse. Rights of the Incarcerated Spouse But what are some rights that you have as the incarcerated spouse? If you’re in jail, can you participate in the proceedings? Simple answer is yes you can. Just because you’re in jail, you’re limited in your rights, it doesn’t mean you don’t get to say anything when it comes to the divorce process. Not all issues you might be able to have a say. For example, custody visitation. You’re not going to get any, you’re in jail. But as far as division of assets and debts, spousal support, child support, you do get to participate in those particular issues when it comes to your dissolution case. Experienced Divorce Attorney in Los Angeles If you have further questions or like to discuss strategy or how we can help, we’ll offer you an initial consultation to dive deeper in. And if the information you heard here today, you liked it or it answered your questions, definitely hit that like button. And if you want to stay connected with any future videos, hit that subscribe button so you don’t miss a thing.

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Difference Between Protective Order vs Restraining Order

In this video, family law attorney Sina Mohajer discusses the difference between a Protective Order vs Restraining Order. Who can file which one, and what really does it do as far as protecting you and your loved ones? If you have any questions or would like to speak with a skilled attorney about family law, contact Mohajer Law Firm today at (626) 569-5200. Transcript: If you need protection from your spouse or your significant other, whether it’s your boyfriend, girlfriend, or what have you, there’s two different type of orders you can receive. One is called a protective order, the other one is a restraining order. But the difference between the two is very distinct. And in this video we’re going to discuss the differences between a protective order versus a restraining order, who can file which one, and what really does it do as far as protecting you and your loved ones. Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by super lawyer since 2019. Nature of the Request Now the difference between a protective order and a restraining order really comes down to the person who’s moving forward with such a request. A protective order, in nature, is criminal. So that means only the district attorney or the police department can get you a protective order. A restraining order, on the other hand, is you’re the moving party. So you would actually be petitioning the court, requesting for that type of relief. Now, a protective order doesn’t necessarily mean that you have to have a criminal action pending. If there’s any been an incident of violence or abuse and you contact the police, they usually can grant you a 24-hour protective order. That gives you enough time to get into family court and file your restraining order. A restraining order, however, if you are granted your temporary orders, it will last until the next hearing date, which is usually 21 days out. Protect Children, Loved Ones, and Third Parties Now, a restraining order or a protective order can not only protect you, it can protect your children, your loved ones, third parties, and it restrains the other side from coming in contact with you, either directly or indirectly. It keeps them 100 yards away from you, your third party, your loved ones, your children, their school, your place of business, your vehicle, your residence, and so forth. It’s a laundry list of things that the restrained person cannot do. And if they violate that protective order or the temporary restraining order, they can be arrested and face criminal charges. Permanent Restraining Order Now, after that 21 days of the expiration of your temporary restraining order, that is the time when the Court’s going to allow the restrained party to be able to give their defense for the court to determine whether a more permanent restraining order can be granted or not. And those restraining orders are usually granted anywhere between one to five years. And they can also be renewed at least one time. And when they are renewed, the courts usually renew it for a period of five years. File It Right the First Time So it’s very important to speak to a seasoned family law attorney to understand what had occurred and what’s the best approach to take on this case. Because once you get into that courtroom, there’s no do-overs. You can’t refile your restraining order simply because you didn’t present the evidence that you had available to you at that time. You would have to wait until further abuse or further violence occurs in order to get your foot back into that door. Help With a Protective Order or Restraining Order in California If you like to talk to a seasoned family law attorney, we offer a free initial consultation. I’ll be happy to sit with you to discuss what occurred, what happened, and who needs protection, to figure out the best approach, and figure out the best foot to put forward in order to get you that temporary restraining order, which will ultimately get you the permanent restraining order. Feel free to reach out online or by phone. I’ll be happy to sit with you one-on-one.

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