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California family lawyerChildren are some of the most vulnerable members of our society, especially when they are in danger of abuse by the people who are responsible for raising and caring for them. In order to help keep children safe, the state of California has put several laws in place designed to protect them from abuse and neglect, including the establishment of the Child Abuse Central Index (CACI). However, these laws can negatively affect people who are falsely accused of child abuse. During child abuse investigations, it is important to know your rights and understand how the laws affect you.

Understanding the CACI

In California, when a report of suspected child abuse or severe neglect is made to a law enforcement agency, a social worker will investigate the situation. If they find that the report is substantiated (meaning that they believe that it is more likely than not that the alleged abuse actually occurred), their report will be forwarded to the Child Abuse Central Index, which is administered by the California Attorney General.

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Posted on in Divorce

California family lawyerMost people hear the word “prenup” and automatically assume the worst - that the marriage is destined to fail because one or both of the spouses do not trust each other. However, one of the best reasons to get a prenuptial agreement is not to protect your assets from the other spouse in the case of a divorce, but to protect the other spouse from your mounting debt. To find out more, do not hesitate to reach out to a San Jose prenuptial agreement attorney for answers today.

Debt Is a Growing Problem in America

There are many good reasons to consider a prenuptial contract. For one, it offers peace of mind (for the spouses and their family members) when one spouse is much wealthier than the other. Similarly, if you expect a future inheritance, a prenuptial agreement may be wise. Additionally, it may be a good idea to consider a prenuptial agreement if you are entering a second marriage but want to make sure that your children from your first marriage are left with your property if you pass away. But what about protecting the other spouse from your own financial woes?

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California family lawyerRestraining orders, also called protective orders, are designed to stop harassment, sexual abuse, and physical abuse. Commonly, restraining orders are used to protect one family members, or intimate partner, from another. There are four types of restraining orders in California, and three aspects to each, which are described below. If you or a loved one is being harassed, stalked, or otherwise abused, a restraining order may be necessary. A Los Gatos family law attorney will be able to help you file for a restraining order so that protection begins as soon as possible.

What Will a Restraining Order Accomplish?

Under California law, there are four types of restraining orders:

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California family lawyerIn the course of American cultural discourse, one becomes familiar with the concept of a premarital agreement. Strangely, however, there is less familiarity with two other relationship-related agreements: 1) postnuptial agreements, and 2) cohabitation agreements. This is especially the case with regard to the latter, which pertains to unmarried couples. If you are unmarried but living with your partner, it may be wise to consider entering into a written cohabitation agreement to make clear the present and future support intended or not intended. In creating a legally effective California cohabitation agreement, rely on an experienced Saratoga family law attorney.

Specifying Support and Separate Property in a Cohabitation Agreement

In modern America, some couples commit to one another while explicitly choosing to remain apart from the institution of marriage. Sometimes this decision is entwined with a rejection of the patriarchy. Other times, the choice is intuitive – personal rather than political. When a union not formalized through marriage dissolves, however, the division of the union’s economic community – its assets and liabilities – can become contentious and complex.

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Posted on in Divorce

California divorce lawyerIf you are going through a divorce in the Santa Clara County and have signed a prenuptial agreement, you may wonder how it will affect your proceedings. In many cases, prenups simplify the divorce process, as these agreements dictate how property will be divided. Property division can be one of the most contentious aspects of divorces.

However, there are many requirements a prenup agreement must meet in order for the court to enforce it in full, as written and signed by the parties. If you seek to invalidate a prenup agreement, it is important to be aware of common mistakes that can be made. If you seek to enforce a prenup agreement, it is critical to identify weaknesses in the agreement and formulate a defense as to why the contract should be enforced.

In general, California follows the Uniform Premarital Agreement Act (UPAA), which is a set of recommended laws adopted individually, in whole or in part, by states across the country. Some of the requirements and prohibitions found in UPAA include:

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Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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