Trevino Law, Inc.

A Family Law Firm Located in South Orange County

For a family law lawyer call:  949.716.2102

Contact a Family Law Lawyer
If you have a crises in your life, chances are, you need a divorce attorney . Whether it is child support , child custody , property division , or spousal support , Trevino Law can help you through. Trevino Law is dedicated to helping individuals through the legal process. If you are facing a family law issue, it is important to contact an attorney even before the petition is filed. 
JURISDICTION:
The power given to a court to make orders over matters. 
A court must have subject matter jurisdiction, personal jurisidiction over the parties, and in res jurisdiction.

Subject Matter Jurisdiction:
A court may only act if the legistlature has given it authority to make decisions in a particular area of law.  In family court, the legislature has given Superior Court's the ability to make decisions on dissolution cases. California Family Code Section 200 .

Personal Jurisdiction: 
A court can only make orders affecting an individual if the individual lives in the state or has minimum contacts with the state of California.

In Res Jurisdiction:
A court must have authority over the subject matter of the case. In a divorce, situation, that would mean that the court has jurisdiciton over the marriage.

PERSONAL JURISDICTION

Personal Jurisdiction in California
Personal jurisdiction is sometimes referred to as in pesonam jurisdiction. Basically it means that a court only has an ability to make enforceable orders with people who would forsee being sued in the state.

A person who lives in California can easily forsee being sued in California. California has jurisdiction over any individual that is domiciled or lives in the state of California. 

In order to exercise personal jurisdiction over a non domiciled individual, the state of California must not offend "traditional notions of fir play and substantial justice."

If a person does not live in California, then that person can only be sued if the individual has minimum contacts with the state of California.

Minimum contacts with the forum state must be substantial, continuous, and systematic.  Minimum contacts are analyzed on a case by case basis meaning that the family court will look at each case to determine if the facts are sufficient enough for the court to exercise jurisdiction.

In family law cases, the court will look to what action was taken by the individual so that he or she could foresee being subject to the court's jurisdiction. If an individual has never lived in the state of California, has little contact wih the state, and does not come to the state of California, he or she will not be subject to any California orders. 

SUBJECT MATTER JURISDICTION

Subject Matter Jurisdiction in California
A court may only make orders if it has been given authority to make orders in that particular type of case. For instance, a bankruptcy court cannot order a dissolution of marriage, a family court cannot probate an estate, and a juvenile court cannot adjudicate a personal injury case.

The legislature gives different courts the ability to act in different situations so that the court can act accordingly.  Without that authority the court lacks the subject matter jurisdiction to make an order.

IN RES JURISDICTION

In Res Jurisdiction in California
In res jurisdiction is the authority a Calfiornia court has over a particular item which is the subject of the lawsuit. In a family law case, the res is the marriage. In a property dispute, the res is the property,  In most circumstances, a California court could only make ordres affect property that is actually in California.