Robert Epstein joins Melinda Eitzen on the Melinda Eitzen Show to discuss recent legislative changes in family law. They focus on the changes in protective orders, the definition of family violence, the enforcement of protective orders, and the difference between protective orders and injunctions. They also discuss the impact of technology on family law cases, such as the use of recordings and text messages as evidence. Additionally, they explore changes in child custody evaluations, the process of stepparent adoptions, and the reimbursement statute for property division in divorce cases. Finally, they touch on the recent change in the discovery process for exchanging information in family law cases.
Robert Epstein is a family lawyer with extensive experience in divorce and child custody cases. He is known for his expertise in navigating complex family law issues and providing effective representation for his clients.
Key Takeaways:
- The burden of proof for obtaining a protective order has changed. It is no longer necessary to prove that family violence is likely to occur in the future, only that it has occurred in the past.
- Protective orders have significant implications, including restrictions on gun ownership and mandatory distance requirements.
- The definition of family violence includes acts that place a person in fear of bodily harm, even if no physical harm occurs.
- The use of recordings and text messages as evidence has become more prevalent in family law cases.
- Child custody evaluations now require audiovisual recordings of interviews with children, which may impact the child’s willingness to be open and honest.
- Stepparent adoptions have become easier with the removal of certain requirements, such as social studies or evaluations.
- The reimbursement statute allows for the fair distribution of assets in divorce cases, particularly when one spouse’s separate property has been benefited by community funds.
- The recent change in the discovery process eliminates the requirement for initial disclosures and instead relies on specific requests for information.
Quotes:
- “All you have to prove to get a protective order to protect you or your child is that family violence has occurred.” – Robert Epstein
- “It’s a big deal. People need to be aware that they cannot run around just saying whatever they want to say.” – Melinda Eitzen
- “It’s easier to prove what somebody said than it once was.” – Robert Epstein
- “The ability to provide some checks and balances on the child custody evaluation has become a little bit better as a result of this legislative update.” – Robert Epstein
- “It’s not just somebody making stuff up. It’s made them take longer and it’s made them more expensive.” – Melinda Eitzen
- “It’s always good to get a few opinions and ask each person, ‘Who are three other people in your field that you think are excellent?'” – Melinda Eitzen
