Blagof Law Firm, APC
TRUSTED FAMILY LAW FIRM.
A Brighter Side. A Better Future.
SANCTIONS
A sanction is a monetary fine or penalty ordered by the court. In family law we see sanctions for a variety of reasons, but most commonly we see them for a breach of fiduciary duty or violation of automatic restraining orders. From the date of marriage through to a judgment of dissolution parties owe to each other respect, fidelity, and support; this is known as a fiduciary relationship (similar to the relationship between business partners). This confidential relationship imposes a duty of the highest good faith and fair dealings, and requires that neither spouse take an unfair advantage over the other. A breach of this relationship subjects the breaching party to sanctions, which can be substantial. Common examples of this breach are failure to disclose an asset or use of community property assets for personal gain.
Attorneys because of the complexity in litigating these matters many times overlook this area of the law. Other times it is overlooked because an attorney simply did not realize a breach occurred. If a court finds one party has breached this duty the penalties are swift and severe. You could receive or lose all of your interest in an asset that you would have otherwise received 50% of. In addition to the asset sanction you could receive or be fined attorney fees related to the breach. At Blagof Law Firm we educate you on your fiduciary duties and rights so that you are protected every step of the way. Don’t let opportunities be missed because they went unnoticed. Blagof Law Firm’s acute attention to detail will give you confidence to know your best interest is our number one goal.
Attorneys because of the complexity in litigating these matters many times overlook this area of the law. Other times it is overlooked because an attorney simply did not realize a breach occurred. If a court finds one party has breached this duty the penalties are swift and severe. You could receive or lose all of your interest in an asset that you would have otherwise received 50% of. In addition to the asset sanction you could receive or be fined attorney fees related to the breach. At Blagof Law Firm we educate you on your fiduciary duties and rights so that you are protected every step of the way. Don’t let opportunities be missed because they went unnoticed. Blagof Law Firm’s acute attention to detail will give you confidence to know your best interest is our number one goal.