Brandon Hernandez Law APC

Brandon Hernandez Law APCBrandon Hernandez Law APCBrandon Hernandez Law APC
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Brandon Hernandez Law APC

Brandon Hernandez Law APCBrandon Hernandez Law APCBrandon Hernandez Law APC
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Frequently Asked Questions

How is property divided in a divorce?

The court will generally put your property into two categories, separate property or community property. Property acquired during a marriage is generally presumed to be community property, however there are ways in which your former spouse can demonstrate it is separate property, and you are not entitled to it. The court will generally divide property based on categorization and in consideration of other assets and debts. The best way to make sure that you are getting what you are entitled during a divorce is to consult with a legal professional and make sure that your property is properly categorized and that your assets and debts are properly documented and presented in court.

How are child custody orders determined in court?

Under California Law, there are many factors that go into determining a custody order between parents, these factors are based around a determination of what the best interests of the child are. It is important to organize and present all relevant evidence such as a history of substance abuse or domestic violence from the other parent.

How long do I have to file a complaint for an injury?

There are many factors that go into calculating the statute of limitations on filing complaints on injuries. Things that can influence this time period include but are not limited to:  the type of injury suffered, relevant contractual agreements and disclaimers, when you realized and or found out about the injury. Feel free to reach out and book a consultation to make sure you are not missing any deadlines!

Does getting a DUI mean I lose my drivers license?

Not always. There is a criminal court process that is separate from the DMV administrative process. Both must be attended to, but the DMV will have the most immediate influence over your ability to drive pending the criminal court process.

How much does it cost to hire an attorney?

If you need legal assistance, there are many factors that go in to calculation of cost such as, the type of services requested, the area of law, and complexity, to name a few elements. The cost of hiring an attorney can also be influenced by the structure of the retainer agreement. A retainer/representation agreement can be organized under an hourly fee structure, a flat fee one time payment structure, or a contingency structure. 

Can I get a restraining order without physical abuse?

Yes. A domestic violence restraining order under the California Law does not require physical contact to qualify for relief from the court. 

When should I get an attorney?

You should consult an attorney as soon as possible to ensure that your rights are protected, to potentially reduce damages, and to obtain professional guidance navigating your important legal questions. It is important to know your relevant rights and deadlines if applicable. 

What if I signed away my rights?

Just because something is in writing does not mean that it is a valid contract! A contract with illegal terms cannot be enforced. This has implications in areas where people have "signed" their rights away for their children or have signed away their claims for damages at work. 

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