Tuesday, August 26, 2014

Domestic violence in Riverside County, CA

Gina Marie Famularo

How to recognize domestic violence

Many people think of domestic violence as a husband hitting his wife, however, the definition of domestic violence is far more extensive. Domestic violence includes more than physical violence. Domestic violence is the use of force or fear to intimidate another person. Domestic violence may exist in a marriage, people in dating relationships, and among family members. Some examples of domestic violence include threats of violence, throwing an object against the wall, taking away someone's car keys, preventing the person from leaving a room, breaking an object in their presence, grabbing the person's wrist, or intentionally bumping into the person

Restraining Orders

Victims of domestic violence can obtain protection from the court. This includes an order requiring the abuser to move out of the family residence. These restraining orders can also be obtained in a matter of days. This is done through a process called an "ex parte." A request for an order of protection can often be obtained in one working day.

Protected Persons

Anyone who is related to, lived with, or was in a romantic relationship with his/her abuser can file a request for a domestic violence restraining order. The persons who may be protected include the abused and any minor children of the abused. If the parties have children together, the court will likely make custody and visitation orders at the end of the case.

Restraining order process

A domestic violence restraining order is usually granted or denied over the counter, based upon the paperwork submitted to the court. There is usually no court hearing before the temporary order is granted. However, that order only lasts a short amount of time, then the parties must appear in court for an actual court trial.

Duration of the order

Temporary restraining orders may last no  more than one day. If a permanent order is granted at time of trial, it can last up to five years and be reissued before the expiration of the five-year period for life.

Friday, August 22, 2014

Imputing Income for Purposes of Support

Imputing Income For Purposes of Support

Under certain circumstances, the court may base support upon a party's earning potential and not their actual income. This is called imputation of Income.


Financial Duty of each parent

Each parent has a duty to support themselves nd their minor children to the best of their ability. When calculating support, the court uses the actual income of the parties. However, where one or both parents are not working the court has the ability to impute income to the non-working or under employed party.


Imputing Income to a Party

When a court imputes income, the court simply finds that a party has the ability to make money. When calculating support, the court uses the earning power of the party, rather than that party's actual income.


Definition of Imputation

Imputation of income is the finding that a party can make more money than they are actually making. When a court imputes income, the court simply finds that a party has the ability to make money. When calculating support, the court uses the earning power of the party, rather than that party's actual income.


Ability to Earn Minimum Wage

The easiest is for the court to impute income to a party is to request a finding that the party is capable of earning minimum wage. This is done almost automatically. Y the courts.nhowever, if one party has been a stay-at- home spouse for most of the marriage or a party was recently laid off the courts will generally give that party a grace period before finding they have the ability to work.


Ability to Earn More than Minimum Wage

The court may also make the finding that a party is capable of making. Ore than minimum wage. There are two different ways of proving ts ability. First, the court make appoint a vocational evaluator to assess the job market and the skills of hoe unemployed party. The expert would then make a written opinion off the earning ability of the party. The court can then adopt the expert's report as a finding. Second, the court can receive into evidence the unemployed person's resume and want ads featuring jobs within that party's skill set. The court can make a finding of earning ability based upon the salary featured in the ads.

Monday, August 4, 2014


Any recommendations for a good family attorney near Chino Hills, Ca?

I am in the middle of a divorce case and originally had a case hearing on 8/4/2014. Unfortunately, found out that my attorney is currently suspended and is not eligible to practice. The attorney had also settled with the opposing party when I haven't agreed to anything specifically yet which means the case hearing has been taken off the callendar and I'm currently very not satisfied. So I need to find another attorney fast and help me get my case back up. Any suggestions on what to do? The court is in San Bernardino so I need someone who's really familiar with the system. Get their number and interview them. Make sure the attorney is right for you before hiring them. If you don't feel completely comfortable with the attorney, don't hire him!                              

  1. Gina Marie Famularo


    Contributor Level 13

    Answered . Your best bet is to ask around. Ask other people who have gone through a divorce. If you still cannot find someone you feel comfortable with, go to your local courthouse and sit in the courtroom. When you find an attorney you are impressed with, ask his or her client about the attorney.