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Written by Canterbury Law Group

Requirements for Obtaining a Restraining Order

The Scottsdale divorce attorneys at Canterbury Law Group frequently represent clients when obtaining or defending restraining orders. If you are contemplating obtaining a restraining order, your situation must fit the criteria listed below. It is also important to note that a judge cannot give you a restraining order solely for threats, rude behavior, verbal or emotional abuse or damaged property unless you were in fear that you were about to be physically injured.

  • Age. You are at least 18 years old, or you are younger than 18 but the person who abused you is 18 or older. You are (or were) married to that person, or 2) you have been in a sexual relationship with that person. If you are over 18 and were protected by a restraining order as a child and that order is still in effect, you may ask the court to continue that order even if the person who asked for it does not want it extended.
  • Relationship. The person who abused you is: 1) your husband, wife or domestic partner; or 2) your former husband, wife or domestic partner; or 3) an adult with whom you are living (or did live) in a sexual relationship; or 4) an adult with whom you have been in a sexual relationship in the last two years; or 5) an adult related to you by blood, marriage (caution: legal marriage in this context is distinct from co-habitation) or adoption; or 6) the parent of your child.
  • What is meant by “abuse”? If in the last 180 days, the person you wish to restrain has: physically injured you; or tried to physically injure you; or made you afraid that he or she was about to physically injure you or made you have sexual relations against your wishes by using force or threats of force. (Note that any time period in which the person who abused you was in jail or lived more than 100 miles from your home does not count as part of the 180-day period. This means you may still be able to get a restraining order even if it has been more than 180 days since you were abused.)
  • Ongoing Danger. You are in danger of more abuse very soon, and the person who abused you is a threat to the physical safety of you or your children.

The legal team at Canterbury Law Group can help you navigate the legal procedures for your restraining order. Alternatively, if you have been served with a restraining order against you, we can help you invoke your right to an evidentiary hearing to have the order quashed. Contact us today to schedule your consultation. 480-744-7711.

Order of Protection, Restraining Order, Scottsdale Legal Help
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Regular Post
Written by Canterbury Law Group

Same Sex Divorce in Arizona

The Scottsdale divorce attorneys at Canterbury Law Group can help same sex couples navigate divorce. Whether you are considering filing for an Arizona same sex divorce or you’ve already been served with a divorce petition, it is critical to speak with an attorney immediately to assess your legal rights and take the necessary steps to protect them.

Same sex marriage in Arizona means that lesbian and gay couples are guarded by identical benefits as heterosexual married couples. In fact, gay couples have the legal right to obtain a divorce in Arizona and attain the same protections and responsibilities under the state’s domestic relations laws for division of property and debt as heterosexuals, including Arizona community property laws. Arizona’s community property system is designed to provide a more fair distribution of assets and debts at divorce, including the possibility of spousal maintenance.

One unique issue for lesbian and gay couples is determining the length of the marriage, which can be crucial for calculating spousal maintenance and / or the division of retirement benefits. For example, a couple may have entered into a civil union in State A, later received a domestic partnership designation in State B, and finally gotten married in State C. In a situation like this, the questions become: When did the marriage begin, and where? Ultimately, the first date and place where they had a valid marriage is the legal date which will be used.

Currently, the LGBTQ community is still waiting for legal clarity on custody issues in divorce, which includes child custody and adoption. Sometimes there are children of a prior heterosexual relationship that one of the parties brings to the marriage. Other times the couple decides to have their own child or children, using options such as sperm donors or donor egg and surrogacy if the couple is male.
Contrary to popular belief, a non-biological parent does not automatically gain the status of a legal parent merely by virtue of being married at the time of the birth. Neither, unfortunately, does Arizona currently have a provision for adding a second mother or second father to a child’s birth certificate, which can be important for some legal purposes as well as genealogy or simply personal satisfaction. They also would have no rights regarding caring for the child or children should the other parent die or otherwise be incapacitated.

However, now that same sex marriage is recognized in Arizona and throughout the country, a step-parent adoption proceeding is an option to address this problem. For more on these issues, consider Canterbury Law Group in Scottsdale, AZ as your go-to legal problem solvers. 480-744-7711.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Same Sex Divorce, Same Sex Divorce in Arizona, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale Legal Help
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Regular Post
Written by Canterbury Law Group

Shared Holiday Time After Divorce

Divorced families with children may face some hardships during the holiday season because of parental custody and shared holiday time. At Canterbury Law Group, our Scottsdale divorce attorneys help navigate the difficult custody process with the ultimate goal to make the situation as clean as possible for everyone involved, especially the kids.

Here are some common ways that parents divide and share holiday time:

  • Alternate holidays every other year. You can assign holidays to each parent for even years and then swap the holidays in odd years. With this arrangement, you won’t miss spending a holiday with your child more than one year in a row.
  • Split the holiday in half. You can split the day of the holiday so that your child spends part of the day with each parent. This arrangement requires planning and coordination because you don’t want your child to spend holidays traveling all day.
  • Schedule a holiday twice. You can schedule time for each parent to celebrate a holiday with your child. For example, one parent can celebrate Christmas with the child on Dec. 23th and the other parent on the 25th.
  • Assign fixed holidays. You can have each parent celebrate the same holidays with the child every year. If parents have different holidays that they think are important, each parent can have those holidays every year.

Some holidays have special considerations because both parents usually want to spend time with the child on or near the holiday. We have the following recommendations for such situations.

  • Your child’s birthday: You can schedule a short visit for the parent who doesn’t have the child on the birthday, give both parents birthday time in the schedule, or the parents can alternate having the birthday.
  • 3 day weekend holidays: These holidays include Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Labor Day, and Columbus Day. Parents can alternate the 3 day weekends, split the weekends, or give the Monday holiday to the parent who already has the weekend.
  • Mother’s Day and Father’s Day: Usually your child spends every Mother’s Day with the mother and every Father’s Day with the father.
  • Thanksgiving and Thanksgiving weekend: One parent can have Thanksgiving Day and the other parent can have the weekend, you can give both parents time on Thanksgiving and on the weekend, or parents can alternate having Thanksgiving and the weekend.
  • The Christmas holiday season: One parent can have Christmas Eve and the other parent can have Christmas Day, one parent can have Christmas and the other parent can have winter break, you can make New Year’s Eve and New Year’s Day into one holiday and the parents alternate having it.
Child Custody & Parenting Time, Custody Terms, Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale Legal Help
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Regular Post
Written by Canterbury Law Group

Obtaining Your Legal Time Off

At Canterbury Law Group, we receive many seasonal calls regarding employees and time off. Under federal law, an employer typically cannot make work-related decisions based upon an employee’s religion. Therefore, an employer has to give its workers some time off from work to exercise their religion and celebrate holidays. Employers may face crucial legal problems for refusing time off.

Example – There are many religious-based holidays that may interrupt the usual work schedule. Popular holidays are Christmas and Chanukah, and many employees find it easy to enjoy these days. However, sometimes, an employer doesn’t agree with a certain religion or holiday, which becomes a problem.

Recently, a former sales manager of a Bath and Body Works store in Connecticut filed a discrimination lawsuit under Title VII. She claims she was terminated because she took vacation time to celebrate the Wiccan New Year. According to lawsuit, her previous management at the company allowed her to use her vacation time for this holiday for the last six years, but new management opposed. The employee claims she was directed that she would need a new career if she took the time off. When she returned, she was immediately terminated. The employee is suing for back pay and other money damages.

The Law – Title VII of the Civil Rights Act of 1964 (Title VII) is the major federal discrimination law. This means that it is illegal for employers to treat workers differently because of certain characteristics, such as sex and race. It also bars discrimination based upon religion. Therefore, employers can’t make it harder for employees of a certain religion to get hired and / or promoted or give them better or worse working hours than workers of other religions. They also can’t terminate workers based upon their religious beliefs.

Violating Title VII may bring large fines and other costs associated with the case. An employee who is improperly refused time off or fired because of his religion may be able to get his job back and get paid for the time he was out of work.

Use Caution – Employers need to be careful when it comes to refusing time off for religious-based holidays. Vacation time can’t be refused simply because the employer doesn’t believe in the holiday or religion. However, legitimate business reasons are another story. For a retailer, the holidays may be the busiest time of the year, and so a full workforce may be required. A holiday may also happen to fall at a time when a large project needs to be completed. In these situations, it is possible to limit an employee’s time off.

If you are an employee or employer and have questions about legal time off, call us today to schedule your consultation at 480-744-7711

Scottsdale Attorneys, Scottsdale Legal Help
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