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The Law Office of Jack Lopez, Esq.
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Family Law
Criminal Law
Personal Injury
Family Law
Family Law is stressful; therefore, our Office focuses on reducing our clients’ stress zealously and aggressively strengthening their cases.
We challenge difficult and contentious domestic disputes like, Child Custody, Restraining others, Attorney Fees, Spousal and Child Support.
Child Custody
Custody cases entail disputes between parents over custodial time of their children. Court look to a children’s best interest when making orders related to (a) Physical Custody and (b) Legal Custody. Consistent with California Family Law Code 3020, in determining a children’s best interest, court’s weight children’s health, safety, and welfare with preserving parents’ continuous and constant contacts with their children. Thus, child custody cases is centered around facts and evidentiary support.
Important to note: if there are “final” custody orders, which depends on several factors, then changing custody requires showing (1) significant change of circumstances, and address (2) children’s best interest factors.
The element of “significant change in circumstance” is narrow, thereby making it difficult to prove. Strategic lawyering focuses on increasing custodial without necessarily addressing the element of significant change, unless facts show compelling unique scenarios.
Child Support
Child Support order are embedded in custody disputes. Therefore, support orders are based on (1) actual custodial time with the minor, and (2) both parents’ income. “Actual income” is a parent’s gross income. “Actual custodial time” is custody as practiced by parents independent of custody ordered by a court.
A calculation of parents gross income and percentage “actual custody” determines the amount a parent should pay in support. That amount ordered is known as child support guideline amount.
A party may ask the court to go below child support guidelines amount based on specific legal factors. A Parent may also request the court orders higher support in the forms of “add-ons.”
Restraining Orders:
Domestic ViolencesRestraining Orders (DVRO) exist in both family and criminal law courts. Restraining Order is either temporary or permanent, and carries Criminal Orders that appears in a background check.
Properly defending against a DVRO action is crucial because, under California Fam. Code 3044, the aggressor may likely NOT share join legal and or physical custody of a minor child. Sole legal and physical custody is generally given to the victim (party seeking the DVRO).
Likewise, DVRO negatively affect the restrained party’s in a divorce proceeding when litigating issue of spousal support and attorney fees. Thus, improperly defending a DVRO may made lead to an uphill family law dispute while allowing victims have a strong case going into court. So, PLEASE do not wait to speak to an attorney AFTER losing a DVRO dispute.
Divorce:
Divorces can be complicated and expensive because there are several issues involved. If parties can reach an agreement, it is crucial to understand the consequence of terms of such agreement. Generally, if parties are unable to agree, then a divorce requires a trial on all unresolved issues.
Discovery/requesting documents is a powerful tool when there are ample of assets, division of property, or contentious custody and support issues.
Finally, it is crucial divorces are properly executed by properly disclosing any community community (property and assets incurred during the divorce) and separate properties (properties before and after divorce). If a Divorce is improperly conducted, then the affected party may set that divorce aside.
My law office focuses on strategic negotiations while narrowing trial issues; thereby, saving and reducing legal service fees.
Criminal Law
If Law enforcement considers you a suspect, you generally have a CONSTITUTIONAL RIGHT NOT SPEAK WITH POLICE.
MY office focuses on zealously and aggressively protecting your FREEDOM by questioning and testing the Prosecutions factual description and legal theories through Arraignment, Preliminary Hearing, or if necessary Trial.
Arraignment:
At the arraignment stages, Defendants plead either Guilty, Non-guilty, nor No Contests.
Preliminary Hearing:
Preliminary hearings for a felony charge is a hearing to determine, whether on the totality of circumstances, there are enough evidence for a reasonable jury to find a defendant guilty. If there are insufficient evidence for a reasonable jury to find a Defendant guilty, then a case is dismissed.
Trial:
Trial is generally composed of a jury. Any criminal trial is daunting and takes several days and weeks of preparation. Our Law Office partners with experiences trial attorneys if we must defend our clients in trial.
Types of Criminal Charges:
Felonies
Misdemeanors
Post Relief Convictions
Wobbles
Expungements
Personal Injury
If you have suffered an injury caused by another’s person’s negligence, My Law Office zealously negotiates against trained professionals. We also work with other Personal Injury attorney(s), who likewise aggressively defend our client’s best interest.
We prioritize our clients’ rights and interests while tactically defending any allegations. We will fight and pursue your goals.
If you have a questions, please call The Law Office of Jack Lopez for a free consultation
Please see about “us” to know more about Attorney Jack P. Lopez.
“It is during our darkest moments that we must focus to see the light”
– Aristotle
