In a recent interview, Certified California Family Law Specialist Noelle Halaby of FamilyLaw At Home explained how the divorce process has changed during “Safer at Home” orders.
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In the same way that many “non-essential” businesses have been forced to close their doors, the court system has been dealing with the question of which cases are important enough to try under the “Safer at Home” orders.
“The courts are open, not for regular business, but for limited essential functions,” Certified California Family Law Specialist Noelle Halaby explained.
These “essential functions” include emergencies and restraining orders for domestic abuse, but do not include many other functions necessary to finish divorce proceedings.
Even the hours held by the courts have changed. Halaby explained that, “before, what would happen would be, we would all appear at 8:30 and your case would be heard some time that day.” However, during the “Safer at Home” orders, courts are hearing some matters in the morning, with others being heard in the afternoon.
Halaby said that courts must “be prepared, starting June 22, to open up in a safe manner,” noting that they are considering new methods, such as video conferencing, to help keep participants healthy and safe.
In the meantime, Halaby explained that “you can have limited adjudication handled right now (and) also have the ability to continue to file pleadings with the court.”
The courts are currently prioritizing these cases using a “triage mechanism,” Halaby said. She also noted that “depending on what court you’re in — either in downtown or a branch court — that may have an impact on when your case may be heard.”
When asked if emergency cases, such as domestic abuse hearings, have been slowed down by new court practices, Halaby answered that she’s been “able to represent (victims of domestic violence) consistent with how we have previously.”
“We’re able to file restraining orders on a quick basis, we have been able to get restraining orders, and we’ve been able to go to trial, actually, on a number of restraining orders during this time because that’s one of the essential functions that the court is continuing to participate in,” Halaby explained.
On the other hand, hearings related to regular custody orders and trials to wrap up divorce proceedings are still on hold until June 22 at the earliest.
“What’s a little concerning to me,” said Halaby, “is that… sometimes if (a person who is responding to restraining orders) wants to have a quick hearing, that’s not always happening.”
Halaby explained that a spouse could get a restraining order to prevent their partner from being able to see their children, effectively blocking contact for “a number of months” until the courts are able to hear a challenge against the restraining order.
Ultimately, Halaby said that many people are putting off filing for divorce until things calm down.
“If people can wade it out, they’re trying to,” said Halaby. “And if… for example, the large issue in the case is finances, then they may be waiting it out longer to see what happens with the recovery in the economy.”
Those seeking more information about divorce proceedings can contact Noelle Halaby and the family law specialists at FamilyLaw At Home through their website or by calling (818) 502-3939.
Ed. Note: This article is a Community Spotlight based on a recent radio interview with FamilyLaw At Home.
FamilyLaw At Home provides accessible, professional California family law advice remotely via computer or mobile using internet software for video conferencing. The California family law specialists at FamilyLaw At Home help individuals navigate Southern California divorce law, legal separation, annulment, paternity matters, custody disputes, child and/or spousal support issues, post-judgment modification of child custody, for child support help and spousal support help, restraining orders, prenuptial agreements and mediation, and cases where a domestic violence attorney/lawyer is required.
FamilyLaw At Home
130 North Brand Blvd. Suite 200
Glendale, CA 91203
(818) 502-3939
FamilyLaw At Home
https://www.youtube.com/watch?v=LDLgRi18eu4
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KHTS Radio Santa Clarita Radio – Santa Clarita News
The COVID-19 Pandemic has changed our lives almost overnight. Not only has it changed our lives in terms of our daily routine, jobs, lifestyle, but also our relationship with our relations under the occupy Home orders in place in major cities. The l. a. court has been continuing most hearings apart from emergency hearings. it might serve the parties best to co-parent and compute a short-lived custody agreement which may be become a short-lived writ.