Domestic Violence Restraining Orders (DVROs)
Who can file a Domestic Violence Restraining Order?
Current or former dating partner; spouse, co-parent; relative (if none of these, consider a Civil Harassment RO)
These are the two types of custody
Legal and Physical
This can be used to determine paternity, especially if parents are unmarried
Genetic testing
TRUE/FALSE: Child Support is decided at the same time as a Custody/Visitation case.
FALSE
This type of court case can include parentage, custody/visitation, restraining orders, divorce, and child support.
Family Law Case
Two types of abuse that can lead to a DVRO
Physical, emotional, mental, financial, coercion, online abuse, etc.
These are the two types of supervised visitation
Professional and Non-Professional
TRUE/FALSE: If a Father's name isn't on the birth certificate, then he doesn't get any parental rights.
FALSE. Parentage (and subsequent parental rights) can be established in other ways, like genetic testing or starting a parentage court case.
This county office handles child support cases
Department of Child Support Services
Ask these attorneys for free legal help if you're under 25 years old
Legal Advocates for Children & Youth (LACY)
These orders can also be included in DVRO orders
Custody/visitation orders
Term used when parents share physical/legal custody of a child
Joint Custody
What are two ways parentage can be established in court?
1) Child support case
2) Parentage case
If you apply for this benefit, it automatically triggers a child support case to open
CalWorks
TRUE/FALSE: If you file for custody, you must mail the court documents to the other parent.
FALSE. You will need to personally serve the other parent, unless special circumstances apply.
Besides the person requesting the RO, who else can be a protected party on the RO?
Child, Family Members (usually living together)
Legal standard that the court uses to assess custody/visitation for a child
Best interests of the child
What must be established first, before the court can grant custody/visitation orders?
Parentage
This needs to be determined first, before a child support order can be made
Parentage/Paternity
These are two main requirements for someone to be able to serve court documents to a party (ie be a "server").
1) Over 18-years-old
2) Not a party to the case
What is a Family Code Section 3044 Finding?
This gives a parent or guardian the right to make decisions about a child's life for education, medical care, etc.
Legal Custody
What is a Voluntary Declaration of Parentage (VDOP)?
A form for parents to voluntarily sign to legally establish parentage (when unmarried)
If you don't pay child support, then this could potentially happen
Back pay, wage garnishment, court contempt, or other enforcement methods
If you don't have an attorney, then you can go here for free legal assistance to fill out family court papers or start a case.
The Self-Help Center at the Family Courthouse
Self-Help Center provides free assistance with family law, restraining orders, guardianship, conservatorship, name and/or gender changes, and landlord/tenant cases. (Call 408-882-2926, choose option 3, or visit Family Courthouse)