Chico Family Law Attorney

Table of Contents

Chico Family Law Lawyer

A Chico family law attorney can be the needed resource to have on your side if you or someone you know is going through a family legal case in California. This can include divorce, child custody, domestic violence, restraining orders, etc. These kinds of cases can be very emotionally and mentally demanding, often filling people with several questions and concerns. An experienced lawyer can help provide the legal direction and advice needed throughout the legal process.

Types of Cases a Family Lawyer Can Handle

Of the many legal cases a family lawyer can assist with, some of the most common include:

Divorce
Child custody
Spousal support
Domestic violence

Divorce in California

To start the divorce process in California, you should first make sure you meet the requirements. At least one of the spouses must have been a California resident for six months and have been in the current county for three months before filing for divorce. California is a no-fault divorce state, meaning that couples do not need a reason for divorcing. No period of wrongdoing is required. Divorcing spouses can simply cite “irreconcilable differences” as the reason for their divorce.

Divorces can be either contested or uncontested. A contested divorce means spouses do not agree to the terms of the divorce agreement. Contested divorces usually take longer to resolve, and they can be more expensive. Couples need to go through the negotiation process to come to agreements on key issues such as spousal support, child custody, property division, etc. Mediation may be required, which an experienced lawyer can assist with.

Uncontested divorces are much faster and less expensive. An uncontested divorce means each spouse agrees to the terms of the divorce. Issues such as child support, property distribution, etc., are agreed upon. They may present their divorce agreement before the court for approval, and the divorce can be finalized. If you need help drafting a divorce agreement, negotiating with your spouse, or filing for divorce, a family lawyer can help.

Child Custody

Child custody is a key component of family law. Custody is taken very seriously by the courts, and the ultimate goal is to do what is in the best interest of the child. There are two types of custody.

Legal custody. This refers to the parent responsible for making important life decisions such as healthcare, education, and religion for the child.
Physical custody. This refers to the parent responsible for providing basic needs like food and shelter for the child.

Parents should engage a lawyer who can help create a parenting plan that outlines how they plan to care for the child, where they will live, and how often the child will see each parent. This plan can be presented to the court for approval.

Spousal Support

Spousal support can come in two forms: temporary or permanent. Temporary support is ordered while the spouses are going through the divorce proceeding. It is meant to provide support in the interim. This support could be eliminated or replaced with permanent support once the divorce is finalized.

Permanent support, despite its name, may not last forever. It is awarded after the divorce is finalized. The amount of support is largely based on the duration of the marriage. Under California law, marriages that last less than ten years will be awarded support lasting half the length of the marriage. This means if a marriage lasted eight years, the permanent spousal support may last four years. Marriages that exceed ten years do not have a set limit for support.

There are multiple factors that could affect spousal support, such as:

The health and age of each spouse.
Any evidence of domestic violence, abuse, or neglect.
The needs and financial position of each spouse.
The length of the marriage.

Domestic Violence

Domestic violence can be any form of abuse committed between partners or family members. It could be reckless or intentional use of physical force. If you or someone you know feels threatened or has experienced domestic violence, you should engage a lawyer immediately.

Family Lawyer Fee Arrangements

Family lawyers can have different fee arrangements. It is important to be aware of these so you are prepared for the costs of representation.

Hourly fees. An hourly rate agreement is the most common. A lawyer will charge for each billable hour spent working on the case. Some lawyers may have different hourly rates depending on the specific legal service. For example, the hourly rate for time spent in court could be different than the hourly rate for time spent researching.
Flat fees. A flat fee arrangement is where a lawyer charges a flat, total fee for their services. These arrangements are usually reserved for routine or simpler legal work, such as uncontested divorces or wills. It’s important to inquire about what the flat fee does not cover. For example, the flat fee may not cover court filing fees.
Retainer fees. A retainer fee can mean different things to different lawyers. Some lawyers consider a retainer fee to be a fee charged to retain their legal services, regardless of whether those services are used or not. Think of corporations or businesses that have a lawyer on retainer, ready whenever needed. A retainer could also mean a fee that is paid in advance when engaging a lawyer.
Contingency fees. A contingency fee arrangement means the lawyer is only paid if they are successful in resolving your case. These are not as commonly used in family law cases but are good to be aware of.

FAQs

Q: How Much Is a Family Lawyer in California?

A: The costs of a family lawyer in California can vary depending on a multitude of factors. One thing to consider is the fee structure of the lawyer. Some lawyers charge a flat fee, and some charge an hourly fee. Typically, the more complex the legal case is, the more expensive it can be. Also, the experience level and location of the lawyer will factor into the costs. When it comes to legal representation, you usually get what you pay for.

Q: What Does a Family Lawyer Do in California?

A: A family lawyer in Chico, California provides many services and can handle several types of cases. Everything from divorce, domestic violence, child support, child custody, estate planning, etc., can be handled by a family lawyer. California family law can be difficult to understand. There can be strict legal deadlines and documentation required.

A family lawyer can support you during these processes and ensure all documentation is accurately and appropriately completed. Additionally, a lawyer can represent you in court if necessary. Speak with a lawyer today if you need help with your case.

Q: What Is the Difference Between a Lawyer and an Attorney in California?

A: The difference between a lawyer and an attorney in California is that an attorney has passed the bar exam after law school and is admitted to practice law in their state or jurisdiction. A lawyer is a broader term that could apply to anyone who has completed law school. Some lawyers work as teachers, researchers, or consultants.

Attorney and lawyer are often used interchangeably, but they technically have different definitions. All attorneys are lawyers, but not all lawyers are attorneys.

Q: Can a Lawyer Represent a Family Member in California?

A: Yes, a lawyer can represent a family member in California. However, that doesn’t mean they should. It is typically not advisable because there could be a clear conflict of interest. It’s common for lawyers to refer their family members to other reputable lawyers for help. Some law firms have policies in place prohibiting them from representing family members.

Lawyers should avoid taking cases of family members as a “favor.” They must provide legal services and collect payment from them like any other client. They cannot get any favorable treatment.

Q: Who Pays the Lawyer Fees in a Divorce in California?

A: The lawyer fees in a divorce in California are usually paid by the spouse that requested legal representation. However, under California Family Code, each spouse has equal access to legal representation during a divorce or legal separation proceeding. This means that one spouse could be obligated to pay the lawyer fees for the other spouse. If one spouse has a significantly higher earning capacity, they could be ordered to cover the costs to ensure each spouse has equal access.

Legal Support You Need

California family law encompasses several key topics. If you are dealing with a legal case related to family law, it can often feel overwhelming, and you may have several questions. Whether you are going through a divorce, a child custody battle, or dealing with a domestic violence case, you need legal support on your side. A qualified lawyer can help answer any questions you have and put your legal concerns at ease.

At Eric Alan Berg & Associates, our legal team is ready and able to assist you with your family legal matters, no matter how complex. We have represented California residents for over two decades. We pride ourselves on delivering quality legal service and will work tirelessly to help you explore every legal avenue available. You need an attorney who will protect your legal rights and get you the resolution you desire. Contact us today to speak with a member of our team.

On May 4, 2018, Attorneys of Eric Alan Berg and Associates successfully suppressed evidence in a DUI case resulting in a complete dismissal. The client had been pulled over on a Friday night leaving the Market Street Steakhouse. A Redding police officer claimed that his tail light was out and initiated a traffic stop. Unbeknownst to the officer, the car had just passed a safety inspection a few weeks before. The defense subpoenaed the inspection records and called the technician who serviced the car to testify to explain that the light was working properly, and called an eye witness who saw that the light was in working condition the morning after the arrest. The client can now return to work without fear of any license restrictions, probation, or punishment.

DUI Dismissal

A man in his 60’s was charged with molesting and sodomizing five boys in a 35 year period. The sheriffs detective knew at least one of the boys had recanted but he hid the tape recording wherein the boy said it never happened. The district attorney had to search the sheriff’s computer himself to find the tape showing the man’s innocence and showing that the boy said he was innocent.

False accusation of multiple molestation

We represented an old man who was accused of sexually molesting his girl friend’s daughter. The prosecutor claimed that he confessed on tape. The defense showed that it was no confession. Many of the jurors found the defendant not guilty. The defendant eventually avoided state prison and was freed.

False accusation of molestation of girl friends daughter

Our client was a probation officer and was charged with sexually molesting his neighbor and his adopted foster daughter. The defense showed that his daughter had a long history of falsely accusing people of serious crimes. The defense also presented the daughters long history of mental illness. The defense also showed that the police lost a crucial recorded statement of another complaining witness. Many jurors found the accused innocent of the charges and the court dismissed the charges after the first trial.

False accusation of adopted child molestation

Our client was charged with sexually molesting his adopted step-daughter. The district attorney claimed that he had a confession on tape. The defense showed that it was not a confession but a set up. Many jurors found the defendant not guilty and the court dismissed all of the charges. In that case, the accuser originally accused our client of molesting her for many months. The district attorney tried to change the story when we proved that he wasn’t even in town when these crimes supposedly occurred.

False accusation of molestation of step daughter

We defended two Hells Angels accused of rape. At the trial we proved that the accuser exchanged her phone number with one of the other old bikers at the clubhouse, a few minutes after the alleged rape. Through our investigation, we learned that the accuser, a young woman in her early twentys had borrowed her father’s car for the night. She returned it late, making him late for work in the morning. She needed a good excuse. The excuse she used was that she had been raped by two Hells Angels.

False accusation of rape

An old man in his 70’s was charged with threatening 2 sheriff deputies with his Chinese assault rifle . This man was a famous newspaper editor and publisher in the county. He was a regular critic of the Sheriff. He fought in the Battle of the Bulge in World War II. On Christmas Eve, he and his wife had been burning rat’s nests on his property in Hayfork. As the fire got out of control and spread prisoners from the local fire camp were called to put it out. They were up all night making noise and causing his dog to bark which kept him and his wife and his dog awake on Christmas eve. He went down to the prisoners and told them to be quiet and then went back home.

False accusation of threatening of Sheriff Police.

Recently, a client of ours was facing multiple charges including possession of a controlled substance with a firearm, which is a prison eligible felony. Additionally, the DA in the case was looking to add more prison eligible felonies such as bringing a controlled substance into a jail. Eric Alan Berg & Associates was able to negotiate an agreement with the DA where our client plead to only two misdemeanor charges of possession of a firearm and controlled substance.

Securing Misdemeanor Deal when Client charged with Strikes

Recently we had a client who was arrested for possession of drugs and child abuse. Attorney Eric Berg was able to convince the DA to file only the drug possession charge and not the child abuse charge. Further, if our client continues with their treatment plan the entire case will be dismissed in six months without ever requiring our client to plead guilty or no-contest. If you or someone you know is facing legal troubles give our offices a call today at (530) 223-5100 to set up a free consultation!

Facilitating Substance Abuse Treatment and avoiding a Criminal Record

Recently a client retained us who was stopped for a traffic violation while they were transporting a couple of pounds of marijuana, which was discovered by law enforcement during the stop. Our offices were able to get all their charges and case dismissed in court. If you or someone you know has been arrested for similar crimes, give our offices a call today at (530) 223-5100 to set up a free consultation!

Marijuana Transportation Case Dismissed

Before retaining us, our client had a number of pending cases, and some matters being investigated by law enforcement. They took a plea bargain in which they plead guilty to three of their pending cases, with the understanding that the rest of their pending cases would be dismissed and any un-filed cases would not be filed. Shortly after entering this agreement, the DA’s office filed charges related to an investigation that began before they entered the agreement. We successfully argued that the DA’s office breached the plea agreement, and had the plea agreement enforced – meaning the new case was dismissed. If you or someone you know is in need of an attorney, give us a call today at (530) 223-5100 to set up a free consultation!