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Attorney Gary S. Austin

Gary Austin has practiced law in southern california since 1999. After earning his law degree from Loyola Law School in 1998 Mr. Austin began his legal career working in several small law offices where he learned all aspects of civil litigation and the importance of building strong relationships whether they be with opposing attorneys, the court or, most importantly, clients. The skills gained in the civil litigation and trial attorney have aided Mr. Austin in using his legal knowledge to aid those clients needing his services.

Mr. Austin is member of the Riverside County Bar Associations and an Board Member of the Loyola Law School Alumni Association, the Optimist Youth and Family Homes Services Board Member, Riverside County Bar Association and the Richard T. Fields Bar Association. He has served in many professional and community service organizations including as President of the Miracle Mile Optimist Club.

Mr. Austin’s vision for his clients is educating them so that they act in ways that will ensure their goals are carried out in a way that ensures greatest possible success.

He is the loving father of his daughter Savannah and devoted husband to his wife, Shauna.

Custody / Visitation

Getting Started: California court’s most important goal is promoting the relationship between parent and their child whenever possible. Visitation and custodial time, even when supervised, with each parent is typically in the best interest of the child. There are two types of custody – legal and physical. Legal custody refers to the decision making aspects of parenting like where your child goes to school and church to which extracurricular activities they participate. Physical custody refers to the child’s living arrangements. Most parents are able to share legal custody with one parent having primary physical custody. Visitation is usually given to the parent not having primary physical custody. The courts schedule a mediation appointment for parents to work out a parenting plan/custody schedule that is in the best interest of the child and promotes a healthy relationship with both parents. Mediation can be avoided where both parents jointly come to come to an agreement. In order for the court to address custody and visitation, you must have an open case whether it be a petition to establish parental relationship (for non-married couples), a petition for divorce, or other petition. Contact our office today for your telephone case analysis.

Modification: Sometimes it is necessary to modify (change) the current court orders to better care for your child. Perhaps the other parent is frequently tardy dropping off your child or your work schedule has changed making it difficult to follow the orders. When circumstances change, you will need to request that the court change the orders based upon these changes. It is also necessary to inform the court of why it is in your child’s best interest to change the current orders. Alternatively, you may believe that the current orders are in your child’s best interest and that no change is needed. If the other parent requests a change with the court that you believe is unwarranted, you will need to file a response stating why a change is unnecessary. Not responding in time can result in your position not being considered by the court or a delay in the proceedings. Failure to respond could be viewed as consenting to the other parent’s request. When a modification is requested, the court will schedule the parties for mediation in the hopes that they will be able to come to a resolution. In Riverside and San Bernardino counties, the mediation department will then submit a written report to the court for review with the mediator’s recommendations and/or the agreement of the parties. However, as with many family law issues, a modification of custody and visitation can be agreed to between the parents out of court. The new agreement would be submitted to the court in a written stipulation and then signed by the judge and made into a court order. The court retains jurisdiction (authority) to make orders until the child turns 18 years old. Even with permanent orders, if there is a change of circumstances you can request a change in the orders.

Parenting Agreements: Many parents work together for the benefit of their children even when they are no longer in a relationship. When this happens, these parents can prepare parenting agreements outlining custody, visitation, and their expectations of each other in regards to their children. This agreement is then filed with the court and becomes the current orders for the parents to follow. Meeting with an attorney to discuss your options and assist you in negotiating a parenting plan will ensure that you address all important concerns. Contact the Law Office of Gary S. Austin today to schedule your appointment.

Finally, child support is an area that directly affects a child’s best interests. We help our clients to understand California child support guidelines that look at the time that a child spends with each parent and each parent’s income or earning capacity as well as the special circumstances permitting judges to deviate from these guidelines. The Law Offices of Gary S. Austin will fight to ensure that your child receives all they deserve in the child support area.

FAQ:

1. Do we have to go to court to make custody orders? a. You do not. You can come to your own agreement in writing and submit it to the court for review and signing. Once the Judge signs it, it becomes an order of the court. 2. What if my ex has abandoned us and doesn’t have contact with me or our child – do we still have to share legal custody? a. You can request that the court order you sole legal custody and at your hearing you will be required to provide evidence as to why you should have sole custody. Based on your evidence and arguments you may get sole legal custody.

Criminal Protective Orders

For Victims:

If you are the victim of violence (by someone who lives with you, a family member, or someone with whom you have or had a romantic relationship) you may request the court to make a domestic violence restraining orders protecting you from the abuser. The violence can be verbal, emotional, or physical; and it is not mandatory to have a police report to make such a request. There is no cost when requesting a domestic violence restraining order. A domestic violence restraining order may be requested in an ongoing Divorce/Legal Separation or Paternity case. In this instance, it will have the same case number. If you have no other cases pending, filing the request will open a new case number for you. Typically, the court will schedule a hearing for temporary orders within 24 hours of the request. There are some instances in which the court will make a temporary order based on reading the request and no emergency hearing will be set. If there is a temporary/emergency hearing, the court either grants or denies the temporary restraining order and then sets an evidentiary hearing to determine if permanent orders should be granted. Permanent orders often expire in three years. You can include your children or other people residing with you to be protected as well. Domestic violence is a serious matter and should not be taken lightly. Filing an unfounded request could affect you negatively. For help determining whether you should file for a domestic violence restraining order, contact the Law Office of Gary S. Austin.

For Accused:

If you are accused of domestic violence you will have an opportunity to respond to the request for a domestic violence restraining order. Still there is only a limited time to file your response with the court so your immediate action is a must. Not responding may result in orders being made against you. You also have the option of requesting a restraining order against the other person should your situation call for it. Having temporary or permanent restraining order(s) against you can negatively affect your job, custody/visitation, and restrict where you can go. At the hearing you can provide all the evidence you have as to why the restraining order should be denied. Make sure you have absolutely no contact with the protected party unless the judge allows it (for example, to discuss visitation arrangements). At the evidentiary hearing you can call witnesses, testify, cross examine the other party, and provide other proof. It is the burden of the person seeking the restraining order to prove that a restraining order is necessary. There may be two restraining order cases opened against you, one in family court and the other in criminal court. Attorney Austin can assist you in both circumstances. Attorney Austin has unique insight into restraining orders due to his experience in both criminal cases and family law cases. Contact the Law Office of Gary S. Austin today to see how he can assist you.

FAQ: 1. My spouse is getting physically violent towards me and has been harassing our adult daughter – can I include our adult daughter in the protective orders? a. Yes. Your daughter can also file her own restraining order if she likes.

2. The police said that they are going to have a criminal restraining order against my ex-girlfriend. Do I still need to request one in Family Court? a. Criminal restraining orders may not last as long as one issued through the family court (permanent orders usually last 3 years). It may also not be put in place immediately. It is best to consult with an attorney to review your situation and determine what would be the best route for you to pursue.

3. My boyfriend and I do not get along anymore. He filed a false domestic violence action against me. We have two children together. Because I do not want to have anything to do with him anymore, should I simply agree to have a restraining order against me? a. No. Having a restraining order against you can adversely affect your custody/visitation with your children. You can potentially lose any custody you have and lose or get limited visitations. Further, filing a false action typically does not sit well with judges and can have an negative affect on the false accuser’s custody and visitation. Because a restraining order can limit your ability to carry out your normal daily activities it is best to respond.

Criminal protective orders (CPO) are extremely serious matters. Your freedom to move can be disrupted and limited. Contact with family members may be restricted. You may even have to leave, and possibly move out of, your residence. CPOs are different from other restraining orders because the process is started by law enforcement and the district attorney not a private party.

The district attorney’s office must show the court the defendant has: 1) Physically harmed a victim or witness; 2) Made threats against the victim or witness (and sometimes immediate family members); 3) or Pressured a victim or witness not to testify in court.

A CPO may be issued by the judge after the defendant is arrested, charged or found guilty of certain crimes and there is good cause requiring protection of the victim or witness.

The party requesting a CPO can ask the court to terminate the CPO or modify it.

Contact the Law Office of Gary S. Austin and we will use our extensive experience in this area to help you defeat improper requests for CPOs or modify those already in place.

Criminal protective orders (CPO) are extremely serious matters. Your freedom to move can be disrupted and limited. Contact with family members may be restricted. You may even have to leave, and possibly move out of, your residence. CPOs are different from other restraining orders because the process is started by law enforcement and the district attorney not a private party.

The district attorney’s office must show the court the defendant has: 1) Physically harmed a victim or witness; 2) Made threats against the victim or witness (and sometimes immediate family members); 3) or Pressured a victim or witness not to testify in court.

A CPO may be issued by the judge after the defendant is arrested, charged or found guilty of certain crimes and there is good cause requiring protection of the victim or witness.

The party requesting a CPO can ask the court to terminate the CPO or modify it.

Contact the Law Office of Gary S. Austin and we will use our extensive experience in this area to help you defeat improper requests for CPOs or modify those already in place.

Divorce

Family Law Attorney Serving Riverside County, Corona, and Moreno Valley

A divorce is a serious and life-altering decision; it can be highly emotional and stressful. At the Law Offices of Gary S. Austin, we pride ourselves on finding creative solutions to complex situations. During this trying time in your life, you can count on sound advice and customized service. Our dedicated Riverside divorce firm has years of experience handling complex divorce cases and we may be able to help you as well. We represent individuals and families in Riverside County, Corona, Moreno Valley & the surrounding areas.

There are some specific conditions that you must qualify for in order to file for divorce in the state of California. If you have been a resident of California for at least six months or more you may file for divorce in the state. California is a no-fault, community property state, which indicates that a divorce action can be granted for any reason. Unless otherwise agreed to in a pre-nuptial or post-nuptial agreement, all assets and debts acquired during marriage will be divided equally. The court will make orders regarding property (both real and personal), debts, assets, businesses, child custody/visitation, child support, and spousal support depending on each couple’s individual situation.
The Divorce Process

Upon filing a summons and petition form, it is the petitioner’s duty to have the respondent served with divorce papers. When you work with the Law Offices of Gary S. Austin, we can have the other party personally served for you so you do not have to worry about this potentially stressful situation. Once the respondent is served, two timeframes begin:

First, the respondent has 30 days to file his/her response with the court.
Secondly, you will have the mandatory six month, one day minimum placed on your case. After this timeframe is over, you will be able to legally divorce from your spouse.

These timeframes run concurrently and both start the day that the Respondent is personally served. Parties cannot be returned to single people until at least six months and one day have passed – even if all issues are settled and the judgment is filed with the court. However, all other issues can be resolved before this date.

If the respondent fails to respond to the petition forms, the case can continue without his or her cooperation. A request for default is submitted to the court prior to, or along with, the judgment forms permitting the case to proceed and be finalized without the respondent. This process can be lengthy and confusing, which is why it is important to contact the Law Offices of Gary S. Austin. to receive further guidance.
Common Questions and Answers Regarding Divorce in California

I want to get a divorce. Does one of us have to move out of our house to start the process?
No one has to move out of the residence for the separation to begin. Separation can begin when one or both spouses decide that they no longer want to be married to the other. You do not have to file anything. It is based on your intent.

We do not have any kids or property and we were married for only a short time. Do we still have to wait six months for the divorce to be final?
Yes. In California one cannot be returned to single status until six months have passed from the date of service of the summons or the filing of a summary dissolution petition.

We agree on everything. Do we have to go to court?
Not necessarily. The court actually prefers that parties come to an agreement through mediation. If you are able to agree on all issues, a judgment can be prepared and submitted to the court. You most likely will not be required to appear before a judge.

Contact

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Contact Info

Phone : 951-335-9060

Address : 11801 pierce street suite 200 Riverside, CA 92505

Email : contact@garysaustinlaw.com

Web : www.garysaustinlaw.com

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951-335-9060