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So far Law Offices of Hollie A. Lemkin, APC has created 38 blog entries.

9 Steps in Applying for a Domestic Violence Restraining Order

In 2019, there were over 160,000 domestic violence-related calls for assistance in California. This number, as heart wrenching as it is, does not include the many women and menathat fail to report abuse for a number of reasons. If you feel afraid, controlled, or abused, call an Orange County domestic violence lawyer immediately. All states have varying definitions of just what domestic violence is, and the steps required to help protect you and your loved ones. It may be for this reason, and the confusion that results, that many abusers go unreported. It is estimated that, across the nation, 20,000 people call domestic violence hotlines every day, and, on average, more than 10 million women and men are physically abused

By |2020-11-24T07:15:59+00:00November 10th, 2020|

What Happens When A Domestic Violence Restraining Order is Violated?

A domestic violence restraining order is designed to help protect you and those you love from abuse or threats of abuse from an intimate partner, family member, or even someone you once dated. An Orange County domestic violence lawyer can help you obtain these restraining orders as well as seek criminal charges should they be violated. Restraining orders are designed to keep someone who has been physically, emotionally, or psychologically abusive away from you and your family. Under these orders, a person is not allowed to make contact or come near your home, work, or your children’s schools.  If they lived with you, they must move out. If they had guns, they must turn them in. Of course, they cannot

By |2020-11-24T06:53:49+00:00November 3rd, 2020|

Child Custody for Unmarried Parents in Orange County

For couples that are separating, determining child custody and visitation rights can be one of the most heartbreaking and traumatic undertakings for both parents and children. If a couple is unmarried when this occurs, the confusion and uncertainty only add to the emotional challenges. Therefore, to make the process easier, it is best to work with an Orange County child custody attorney. California law is very clear about who is considered the parent and what rights both parties are entitled to. Unfortunately, an unmarried couple is viewed very differently from a married couple when it comes to the rights of the parents in relation to the child.  Let’s take a look at what the law states and what this means

By |2020-11-13T12:59:20+00:00October 27th, 2020|

Can a Child Support Amount be Modified?

When it comes to setting child support, judges follow guidelines established by certain states. An Orange County child custody attorney can help you better understand the California guidelines when you're trying to learn about how child support works. To answer the question, yes, child support amounts can be modified in the state of California.  Modifying Child Support Amount While a child support amount can change, it's important to note that courts typically calculate the amount based on parental income available for the support and factor in other expenses like health insurance and child care. They also look closely at the amount of time each parent spends with the child.  However, for most families, circumstances continue to change with both parents

By |2020-11-13T12:31:06+00:00October 20th, 2020|

How Long Does it Take for My Divorce to be Final?

Divorce can be a long, tedious process, and every case is different. To get an idea of how long the process might take, consulting with an Orange County divorce attorney gives you more insight. If you’re researching all the steps necessary to complete the process, you might be wondering how long it will take for your divorce to be finalized. To give you an idea of the process, here are some of the factors that affect how long it will take for your divorce to be final.  How Soon Can Your Divorce be Finalized?  The absolute soonest a divorce in California can be finalized is in six months after divorce papers are served. There’s a mandatory six month waiting period

By |2020-11-13T12:09:28+00:00October 13th, 2020|

The Pros and Cons of Uncontested Divorce

As an Orange County divorce attorney and certified mediator for 18 years, I understand and have witnessed first hand the benefits and drawbacks experienced by those who have used a divorce process to end their marriage. While any type of divorce is often a difficult period for one or both parties, an uncontested divorce can result in less stress, avoiding traumatic and expensive court proceedings. Of course, not all couples and circumstances are suited for uncontested divorces. Let’s start by taking a look at just what an uncontested divorce is and if it may be right for you. What is an Uncontested Divorce?  An uncontested divorce means that the spouses agree on everything from asset and debt division to child

By |2020-11-13T11:51:26+00:00October 6th, 2020|

How to Converse with Your Spouse During a Divorce

To say that going through a divorce is a harrowing ordeal is an understatement. Marriages never start out with the expectation of having to hire an Orange County divorce mediation attorney.  Sadly, a large number of marriages do end up in divorce. Between splitting up your assets, coming up with a custody agreement for the kids, and learning how to continue with life during the entire process — divorce is never easy. Whether your marital communication was fantastic, or it is one of the inciting factors that led to your separation, communication only gets more complicated during the divorce process. Your Orange County divorce attorney will help you effectively communicate, but it’s helpful to have a plan ahead of time.

By |2020-09-30T07:17:42+00:00September 29th, 2020|

How Far is Too Far: Recognizing a Legitimate Threat of Violence

Every marriage has conflicts and most couples don’t run to an Orange County divorce attorney just because they disagree about the proper way to squeeze toothpaste out of the tube — of course, conflict can progress into something more serious. Sadly, uncountable numbers of spouses end up in an abusive or violent relationship, even if they don’t fully recognize it. It’s in these situations that working with an Orange County domestic violence lawyer is critical. Even if you’re not considering an actual divorce, it’s crucial to meet with a legal professional that can help you understand your rights and options to remain safe. Here are some things to consider when it comes to identifying the potential for violence in a

By |2020-09-30T07:09:13+00:00September 22nd, 2020|

What Goes Into Determining the Amount of Spousal Support

If you are going through a divorce or expect that a legal separation is in your future, make sure to consult with an Orange County divorce attorney. There’s more at stake than just who gets the furniture — in many cases, spousal support becomes a significant issue, and with the help of an Orange County divorce mediation attorney, you might be able to come to an agreement on some issues, like property division and child custody, but issues like spousal support may require judicial intervention. Here’s what you need to know about how spousal support is determined: What is Spousal Support? Spousal support is often referred to as alimony, it is meant to limit any unfair economic effects of a

By |2020-09-30T06:39:08+00:00September 15th, 2020|

Factors the Courts Consider When Making a Custody Award

Everyone knows that going through a divorce is considered a predicament event in one's life, especially when children are involved. That’s why it behooves you to work with an Orange County child custody attorney. Ultimately, courts are going to consider what is best for the children involved, and at the same time, you’ll want to know what to expect. Whether you’re getting ready to file for a divorce or you’re already in the middle of one, here are some things that courts consider when making custody awards.  What Exactly is Custody? Your Orange County divorce attorney will work with you to create a strategy towards the best custody arrangement. Of course, the word “custody” has many different iterations. Before you

By |2020-09-30T07:09:29+00:00September 8th, 2020|