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Written by Canterbury Law Group

Johnny Depp Hearings Shine Spotlight on Abuse

The legal problems between Johnny Depp and Amber Heard over her claims of spousal abuse have been making international headlines. The two sides are due to face off as Heard pursues an extension of a domestic violence restraining order that was granted last month. The court set a status conference for August and the judge extended the temporary restraining order that bars Depp from going within 100 yards of Heard.

This celebrity case has raised the importance of protection against domestic violence. At Canterbury Law Group, we know first hand that there are many misconceptions on abuse. If you or someone you know is experiencing domestic violence, here are some answers to common questions:

1. What is Domestic Violence? When you are in a relationship with someone who uses threats, harasses, molests, stalks, attacks, batters or strikes you, your family or your children, that person is committing Domestic Violence. If you are experiencing Domestic Violence, you have a legal right to seek relief from the courts by procuring a protective order.

In the State of Arizona, Domestic Violence includes a variety of abusive acts. You must be able to show the court that the person from whom you want protection has committed or may commit an act of Domestic Violence. You do not have to be physically injured or hurt to be a victim of Domestic Violence. Domestic violence occurs if the other person has done or attempts to:

  • endanger you threaten, intimidate, or harass you interfere with the custody of your children;
  • trespass on or damage your property;
  • restrain you, kidnap, or hold you prisoner;
  • assault you with his/her body or with a weapon;
  • display a deadly weapon or threaten you with a deadly weapon;
  • surreptitiously (without your knowledge) photograph, videotape, film or record you.

2. What types of protective orders are available in Arizona? A Protective Order is a document obtained from a court, to order the abusive person not to contact you and to prevent future abusive behavior. In Arizona there are five types of protective orders:

  • Order of Protection – An Order of Protection is a legal restraint used to prohibit a person from committing acts of domestic violence or from contacting people protected by the order. It also provides several kinds of protective relief, such as removing firearms from the home, adding other people to the protective order, and exclusive use of the home.
  • Emergency Order of Protection – An Emergency Order of Protection is also a legal restraint to prevent domestic violence. An Emergency Order may be granted by an authorized judicial officer in writing, verbally or by telephone for the protection of a person in “imminent and present danger of domestic violence.”
  • Release Order – In rural counties where it is not required that a judicial officer be designated to issue Emergency Orders when the courts are closed, emergency protection is available through a registered Release Order. Arizona law provides that, when a person arrested for an act of domestic violence is released from custody, any Release Order shall include pretrial release conditions necessary to protect the alleged victim and other specifically designated persons.
  • Injunction Against Harassment – The Injunction Against Harassment orders a person to stop harassing, annoying or alarming another person. Injunctions can be used for disputes against neighbors, strangers, and people who were not dating.
  • Injunction Against Workplace Harassment – The Injunction Against Workplace Harassment is the newest protective order available in Arizona. It allows an employer or an agent of an employer to file for relief on behalf of all employees at the workplace, against any person who enters the employer’s property and any person who is performing official work duties.

3. How and where can I get an Order of Protection or an Injunction Against Harassment? You may file a petition for an Order of Protection or Injunction Against Harassment in any superior, municipal or justice court regardless of where you live in Arizona. When you enter the court, go to the Clerk of the Court’s counter, Self Service Center, or protection order window and tell the clerk you are requesting an Order of Protection or an Injunction Against Harassment. The clerk will give you the proper Petition forms. Plan on being at the court house for several hours.

If you’re experiencing domestic violence, hiring a family law attorney can be critical to your future. Call the Scottsdale layers at Canterbury Law Group today to schedule you consultation. 480-744-7711.

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4 American Trends that Affect Divorce

The divorce attorneys at Canterbury Law Group have extensive industry experience and are authorities on the evolving trends in the divorce area. Similar to nearly everything in life and the law, divorce has changed with the times and will continue to do so.

Contrary to popular belief; the divorce rate in the United States is declining. After peaking in 1980 with 22.6 divorces per 1,000 married women, aged 15 and older in the U.S., the rate has been going down ever since. In 2009, there were 16.9 divorces per 1,000 married women. However, what’s really happening is that there are fewer marriages overall. Fewer marriages translate into fewer opportunities to get divorced—and that equals declining divorce rates.

Here are four trends in society that are affecting divorce rates:

1. The surge in cohabitation ended. The number of cohabiting couples grew from 400,000 in 1960 to 3.8 million in 2000. But since then, rates of cohabitation have leveled off. About 12 to 14 percent of never-married adults lived together with a partner in 2008-2010, essentially unchanged since 2000.

2. People are delaying marriage longer than ever before. The percentage of women aged 20 to 24 who have ever married declined from 31 percent in 2000 to 19 percent in 2008-2010. For men, the percentage dropped from 21 to 11 percent.

3. Americans are increasingly jumping on the “marriage-go-round.” More Americans are going from marriage to divorce to remarriage, sometimes multiple times. Among currently married men, those who are remarried increased from 17 percent in 1980 to 25 percent in 2008-2010. The changes for women are similar.

4. Who are most likely to have “traditional” families in America? Immigrants. Regardless of education and race or ethnicity, immigrants tend to be married at a higher rate, are less likely to cohabit (except for Hispanics), and divorce and remarry at a lower percentage when compared with their U.S.-born counterparts.

If you’re contemplating divorce, hiring a great divorce layer can be critical to your future. Call the Scottsdale divorce layers at Canterbury Law Group today to schedule you consultation. 480-744-7711.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Divorce Rate, Divorced Parents, Family Law, Family Law Attorney, Same Sex Divorce, Same Sex Divorce in Arizona, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale family attorneys, Scottsdale Legal Help
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Tips for Fathers Trying to Get Custody

Many fathers assume they won’t have a fair trial when trying to obtain legal custody of their child. This is not true, although it is crucial to have experienced and trusted child custody help in Phoenix. The family law attorneys at Canterbury Law Group have years of experience recognizing and building formidable cases that will protect your interests and maximize your parenting time.

If you’re a father hoping for custody of your child, we have tips that may help you and your case:

1. Pay Child Support: A father who wants custody of a child should prioritize making regular child support payments. If he has an informal arrangement with the child’s mother, it is crucial to maintain records such as check receipts or a written letter from the child’s mother detailing the support arrangements. If a father is struggling with child support payments, he should request a modification rather than sacrificing a payment.

2. Maintain a Strong Relationship: Even if the child is not in the custody of the father, a relationship can still consistent. The dad should call the child frequently and check in on their day, schedule a time to stop by the child’s school and introduce himself to the administration and ensure the child knows that he’s there to offer any assistance necessary. A father who wants custody should also attend the child’s social, educational, religious and other important events as evidence of a continuing relationship with the child.

3. Keep Precise Records: A father should maintain an accurate visitation schedule record to help obtain child custody. A father can capture accurate visitation records by developing and maintaining a parenting plan.

4. Prepare a Space for Your Child At Home: A father should make a special place in his home for the child, regardless of the size of the home. A court will inquire about adequate living accommodations during all child custody hearings, so a father should be prepared to respond to the judge’s inquiry.

5. Consider Mediation: A father who wants custody of a child should consider mediation or arbitration, prior to undergoing an adversarial court hearing. In mediation or arbitration, cases are decided by a neutral third party. For a father, custody proceedings in a courtroom may be difficult to handle, so he may prefer the smaller, friendlier setting associated with mediation or arbitration.

Our legal team has extensive experience in child custody help in Scottsdale. We help fathers get fair and equitable treatment by the courts. Recent changes to Arizona law mandate that the court treat both mothers and fathers equally in the eyes of the law. If a man fears that his wife may leave and take the children, it is his obligation to ensure he takes steps needed to protect his role as the father. That may mean consulting an attorney before his wife has the opportunity to file for a divorce. The family law attorneys at Canterbury Law Group have significant expertise in father’s rights issues and can capably guide you through. Your children are counting on you to make the right decisions both before and after the divorce case has been filed.

Changes in Custody Plans, Child Custody & Parenting Time, Custody Terms, Divorced Parents, Family Law, Family Law Attorney, Scottsdale Attorneys, Scottsdale family attorneys, Scottsdale Legal Help, Sole Child Custody
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Steps in the Scottsdale Divorce Process

The Scottsdale divorce lawyers at Canterbury Law Group have represented hundreds of clients in Scottsdale divorce cases. It is common to discuss the first steps in the divorce process during the initial legal consultation. Although every case is unique, there are certain stages in divorce that everyone can expect:

1. File a Petition – One must file a Petition for Dissolution of Marriage, which is a public record that includes basic facts about you, your spouse and your children.

2. Spouse is “Served” – Once the Petition is filed with the Court, due process requires that the Respondent be “served” with the Petition along with a Summons to Appear. Once served, your spouse has 30 days to file a Response to the Petition.

3. Financial Support – Representing lawyers discuss if financial support is needed during the divorce case, including child support, maintenance and marital expenses.

4. Agree on Estate – Both parties partake in financial investigation, which involves determination of the value of the marital estate or “discovery,” which includes depositions, subpoenas, interrogatories and review of financial documents by accounting experts. If the assets and debts are agreeable by both parties, they may choose to waive formal discovery. If both parties cannot reach an agreement, the attorneys may choose to submit the issues in controversy to the Judge during a pretrial conference. Pretrial conferences are conducted in the Judge’s chambers.

The Scottsdale divorce attorneys at Canterbury Law Group have represented women and men, young and old, in their complicated divorce cases. To discuss your options in a Scottsdale divorce, call today to schedule a consultation.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Divorce Rate, Divorced Parents, Family Law, Family Law Attorney, Same Sex Divorce, Same Sex Divorce in Arizona, Scottsdale Divorce, Scottsdale family attorneys, Scottsdale Legal Help
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Crowdfunding Site Adds a Divorce Registry

The divorce attorneys at Canterbury Law Group are authorities on the evolving trends of divorce. Not only do the Phoenix divorce lawyers observe the progression of legal issues, but they have also witnessed the changes in perception of divorce.

Today, divorce holds less of a stigma in our culture than it has in the past. For example, divorce selfies, in which couples post happy photos of themselves on social media to celebrate their split, and divorce parties, where a newly single person either throws or is thrown a party to celebrate the end of their marriage, are a few of the popular divorce trends we see emphasized on social media.

The Phoenix divorce attorneys have also noted that crowdfunding site, Plumfund, has created a new, dedicated divorce registry for marriage break-up expenses. With online fundraising being such a popular option to raise funds in modern-day society, this is an area that we expect to see even further expansion in.

Plumfund’s simplified online fundraising and gift registry platform has made creating a divorce registry easier and more convenient than ever. Simply create a Plumfund divorce registry and spread the word to the divorcee’s friends and family. The registry allows people going through a divorce or their friends and family to raise money for expenses such as new furniture, legal fees and child custody. All of the gift money is easily accessed through PayPal or WePay. All personal information is kept private and safe, and is never sold or rented to a third party. The divorce category launched this March, and there are currently 114 active divorce registries on the site.

No matter what the newest divorce trends are, divorce tends to be a difficult process for all involved. The legal team at Canterbury Law Group is dedicated to diligently and compassionately solving clients’ life changing problems. If you are considering divorce, call us today to schedule your consultation.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Divorce Rate, Divorced Parents, Family Law, Family Law Attorney, Same Sex Divorce, Same Sex Divorce in Arizona, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale family attorneys, Scottsdale Legal Help
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Custody Tips for Summer Vacation

At Canterbury Law Group, our no-nonsense Scottsdale divorce lawyers fight to protect the future and well-being of children affected by divorce. We work diligently to secure a sound emotional and financial outcome for children of divorced parents.

Divorce can be a delicate and painful experience for all involved. Our Scottsdale divorce attorneys work tirelessly to ensure the children remain a priority throughout and after the divorce, and strive to remedy sensitive issues including custody arrangements and parenting plans with concern and attention, striving to reduce the possible future damage divorce can have on children and relationships.

If you have children that have been affected by divorce, it’s best to create a plan for summer parenting. You want your kids to enjoy summer rather than feeling the stress of divorce. Our Phoenix divorce lawyers offer tips to help with summer vacation arrangements:

1. Create a documented plan: Try to set a mutually agreed upon summer parenting schedule with your ex. If needed, a Court Order is a way to prevent problems that can occur due to co-parenting conflicts. The plan should specifically identify the summer vacation parenting schedule, as it may differ from the school year schedule.

2. Flexibility: While the Court Order can be an “emergency” plan for both parties, it is helpful if the parties can be reasonably flexible with each other regarding summer parenting time. This will allow your children to attend events and participate in activities that may fall outside of a parent’s court ordered parenting time. This also shows that the parents are willing to cooperate by being lenient and working together for the benefit of the children.

3. Plan for summer expenses: Parents should take into consideration the expense of summer activities that their children are involved in, such as summer camp. Refer to the original terms of your parenting time agreement regarding summer camp so you know the required financial contributions from either parent.

4. Eliminate the kids from any disputes: A proper parenting schedule is successful when the children don’t feel any tension between the parents. Although conflicts are bound to happen, this should be handled between the parents alone and away from the kids. Effective communication between the parents is one way to avoid disputes or conflicts altogether.

If you need assistance with your summer parenting schedule, contact the Phoenix divorce attorneys at Canterbury Law Group! We can help ensure the summer is enjoyable for all. 480-744-7711.

Changes in Custody Plans, Child Custody & Parenting Time, Custody Terms, Custody Tips, Family Law, Family Law Attorney, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale family attorneys, Scottsdale Legal Help
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Determining the Value of your Marital Estate

The divorce lawyers at Canterbury Law Group often see a spouse beginning a divorce without any clue of knowing the true value of their marital estate. Many spouses do not even have account access or numbers to the earning spouse.Fear not. Even if you are completely unaware of your family finances, when you file for divorce the time to finally and accurately determine all marriage assets will have arrived. Your Canterbury lawyers will make sure this happens. It’s the law. It’s not up to him or her.

Because Arizona is a community property jurisdiction, generally speaking, spouses own equally almost all property and debt acquired during the marriage, regardless of whose name is on it. Also, half of each partner’s income earned during the marriage is owned by the other partner, as well as debts incurred during the marriage are debts of the couple together. Do not let your spouse bully you—or suggest “they will leave you with nothing” if you challenge them in the divorce. They are not just bullying, they are plain wrong—under the law.

The “discovery” phase of your divorce case is used to determine information, including assets and values from the other side. In Arizona, court rules require mandatory disclosure by each side of any information that may impact their case. Therefore, your spouse must voluntarily provide you all such information, even without a specific request. However, relying on your spouse’s good will in adhering to this rule is not enough in many divorce cases. If informal requests for financial details go unanswered, or you do not feel confident you are receiving accurate information, you do have alternatives in gathering this information. Your Canterbury lawyers will be critical in unpeeling the complex layers of your family estate—and locating assets, by any means lawfully allowed—to maximize your recovery at trial.

1. Tax Returns. Personal, corporate and partnership tax returns can help in identifying property, accounts and assets sold during a given tax period. If your spouse is not forthcoming with copies of returns, or you believe the returns given to you are not the actual returns filed, you can request copies from the Internal Revenue Service.

2. Court Issued Subpoenas. A subpoena can be issued to a person or entity not a part of your lawsuit, including financial institutions and employers. The recipient of the subpoena legally has up to thirty days to physically produce the information requested. When issuing a subpoena to a financial institution, your spouse’s name and social security number is all that is needed in most cases to obtain information on accounts on which that social security number or name appears. Subpoenas to employers may work to obtain details including as history of pay, bonus information, employment terms and benefit information, such as retirement, pension, employee savings and stock option accounts. Bank statements and paystubs do not lie—your spouse can. By getting the documents up front, we can catch them in their lies.

3. Additional Legal Discovery Tools. If additional information is needed to determine the value of your marriage, there are other discovery tools that require responses given under oath:

  • Interrogatories – written questions to your spouse
  • Skip Trace investigations onto the “financial grid” to locate any assets linked to his or her social security number and date of birth. Assets at home, and abroad, can be located.
  • Requests for Production of Documents – written requests to obtain certain documents
  • Requests for Admissions – written questions to your spouse asking that he or she to admit certain facts as true
  • Depositions – oral question and answer sessions at which your attorney asks questions of your spouse while under oath, or an expert witness, or sometimes a third party in the presence of a court reporter, from whom a written transcript of the questions and answers can be obtained and the testimony is preserved for trial.

4. Outside Experts. In the unfortunate cases where a spouse is hiding assets or has engaged in pre-divorce planning, the hiring of third party specialists might be necessary in order to obtain the necessary information. Experts such as private investigators, asset location specialists and computer forensic professionals may be able to help you and your Canterbury team find the truth and get you paid.

When your family and livelihood are at stake in your divorce, it is critical to be prepared with a highly skilled team of litigation attorneys on your side. Canterbury Law Group was founded to provide no-nonsense legal counsel for Phoenix divorce cases at the highest level possible. We are an energetic and unified team of lawyers and paralegals deeply committed to your needs. Call now for an initial consultation. 480-744-7711.

Determining the Value of your Marital Estate, Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Divorced Parents, Family Law, Family Law Attorney, Marital Estate, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale family attorneys, Scottsdale Legal Help
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Prenups in Scottsdale

Prenuptial agreements are very common amongst all ages and classes of Americans, as they can provide important advantages for both partners in a proposed marriage. Many people have an instinctively negative reaction when they hear the term “prenuptial agreement.” However, this is not reality. In fact, prenups are often used to plan for future affairs and arrange things legally in ways that are mutually beneficial to both spouses.

The attorneys at Canterbury Law Group typically suggest prenups for people in their 30s or older with any substantial assets, children or a former spouse. Prenuptial agreements are particularly useful for people who are entering into a second marriage. In the case of remarriage, one or both spouses may already have significant assets, and may want to arrange that blood related family members from the first marriage inherit property and assets in the event of divorce or death after the second marriage.

The family law attorneys at Canterbury Law Group work diligently to provide prenuptial agreement advice in Scottsdale. If you’re considering a prenup, here are four tips from our legal experts:

  • Plan ahead. Begin the prenuptial agreement process six months to one year before your wedding dates to ensure that both parties have ample time to review it. Last-minute contracts are harder to enforce.
  • Eliminate your emotions. The emotions of falling in love can alter reality, so be sure to work with trusted advisers on this legally binding agreement.
  • Make your agreement realistic and legal. The goal is to have a contract that is enforceable and provide each spouse with an understanding of what they will get if the marriage ends.
  • Research your state’s law regarding marriage and property. Marriage property laws are different from state to state. Ideally, you have a licensed attorney handle the entire process from start to finish so you can focus on the exciting wedding to come.

If you need prenuptial agreement help in Scottsdale, Arizona, then contact Canterbury Law Group today to schedule a consultation. 480-744-7711.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Divorce Rate, Divorced Parents, Family Law, Family Law Attorney, Prenups, Same Sex Divorce, Same Sex Divorce in Arizona, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale family attorneys, Scottsdale Legal Help
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Restraining Orders and Orders of Protection in Scottsdale

Survivors of domestic violence have several civil and criminal options to protect themselves from further abuse. If you’re looking to determine your legal options, the family law attorneys at Canterbury Law Group have extensive knowledge on orders of protection in Scottsdale and restraining orders in Scottsdale.

Our attorneys operate in many areas of family law, including helping clients obtain a restraining order in Scottsdale. If you’re considering getting legal help, here are common questions you might ask.

1. What is a restraining order? A restraining order is a court order intended to protect you from further harm from someone who has hurt you; to keep the abuser away from you, or to stop harassing you, or keep the abuser from the scene of the violence, which may include your home, place of work, or apartment. It is a civil order and it does not give the abuser a criminal record.

2. Who can get a restraining order? A victim of domestic violence can obtain a restraining order. A victim of domestic abuse means a person protected by the law and shall include any person who has been subjected to domestic abuse by a spouse, or any other person who is a present or former household member and where the victim is 18 years of age or older or who is an emancipated minor.

3. What does a restraining order do? If you are a victim of domestic violence, a judge can sign an order that requires the abuser to obey the court. The protective order is very specific in as far as what the abuser can and can’t do.

  • The abuser can be ordered not to have any contact with you, in person or by phone, text or emails at home, work, or almost anywhere you ask the court to put in the order.
  • The court can order the abuser to leave the house or apartment that you and the abuser share; even if it is in the abuser’s name.
  • Except in unusual situations, the court may grant you custody of your minor children. In some states, the court can also order the abuser to pay child support and support for you. The abuser may also be granted visitation with the child/children under certain conditions. If the children are in danger of abuse, let the judge know.
  • In some states the court may also order the abuser to pay for costs that resulted from the abuse, for example; household bills that are due right away, medical/dental treatment, moving expenses, loss of earnings. The judge can also make the abuser pay your attorney’s fees, and can make the abuser pay damages to you or other people that helped you or got hurt by the abuser.
  • The judge may order the abuser to receive professional domestic violence counseling.
  • The judge can order the police to escort the abuser to remove personal items from the residence, or shared place of business so that you are protected by the police during any necessary contact.
  • The judge has the power under the law to order anything else that will help to protect you, as long as you agree to it.

If you need an order of protection in Scottsdale Arizona, Canterbury Law Group can help you. Contact us today to schedule a consultation. 480-744-7711.

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Child Custody During Summer Months

Canterbury Law Group handles various family law matters, including divorce and child custody. Family law is a complex legal area requiring measured and detailed strategy and execution as well as constant upkeep. If you have children with an ex, it’s time to consider future summer vacations and your custody agreement. At Canterbury Law Group, we have many ways to help you keep the legal peace with your ex and enjoy a great summer vacation with your kids.

1. Set Up a Vacation Schedule, And Stick to It. With the kids off from school, there’s plenty of time to plan for vacations and trips. However, it is essential to discuss you plans with your ex. It is typically beneficial to create a vacation schedule with your child custody lawyer, have your ex sign off on it and submit it to a family court judge. By doing this, both parties are clear on where the kids will be and it’s in writing with the court.

2. Be Sure You Don’t Violate Your Custody Agreement. Often, custody and / or visitation agreements have geographical limits, such as your kids can’t leave the state or country. If you’re planning a summer vacation abroad, you may need to have your agreement modified. If you and your ex have already created a vacation plan, it shouldn’t be too difficult to have your ex agree to a custody modification that allows for travel.

3. Use Open Communication. If you have to alter your vacation schedule, notify your ex spouse immediately. In fact, it is always a good idea to notify the other parent of your vacation plans or any change in plans. If you do not inform your ex of your travel plans, be prepared for possible legal action against you. The courts will want a detailed explanation as to why you wouldn’t give up the information and a judge will typically order a parent to divulge vacation plans for safety reasons.

4. Let Kids Communicate With Your Ex While on Vacation. Summer vacation doesn’t mean a communication ban from the other parent. Video calls with Face time or Skype may be a great way to allow your ex “virtual visitation”.

If you need assistance with modifying your child custody agreement for the summer, call us today to schedule a consultation. 480-744-7711. www.canterburylawgroup.com

Changes in Custody Plans, Child Custody & Parenting Time, Custody Terms, Family Law, Family Law Attorney, Scottsdale family attorneys
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