Law Office of Brianna S. Davis, APC

I try not to get political on my business page.  but did you know that all Superior Court judges elected typically get put in family law? Most of them are given a very basic training before being put on the family bench, which is not enough. If you care about the future of your family law cases, then you need to make sure that you vote for Rebecca Kanter for superior court because I’ve worked with her and she is one of the most intelligent and well qualified people to learn family law in the way that it needs to be learned and appreciated in order to make good decisions for families.  One of the most frustrating part of my job is going through and appearing in front of judges that have absolutely no idea what they are doing and lacking confidence that they are going to understand and appreciate the law and what I am arguing…. to then finally understand it and then get rotated out a family law. 

Today I won my move away trial. Apparently I made an impact on both parties. Pretty rare to be recognized to be professional and respectful by a pro per adversary. This made my day. I try so hard to stay calm, stick to facts, and not go out of my way to be an already tough situation harder when it doesn’t need to be. I wish my client and the family the best no matter what. I know my client is very grateful with today’s outcome. ❤️

Law Office of Brianna S. Davis, APC updated their business hours.

Behind the scenes! The holiday party of Brianna S. Davis, APC DBA Law Office of Brianna S. Davis. What a great year. Couldn’t be who I am without American Messenger Services Inc AKA Gabe and Alba whom accomplish my filing and service. What a journey we have accomplished together. Happy to share a meal with these two and equally important, my paralegal Alicia. I’m so lucky. May we have an incredible 2022. We will never stop fighting for those who need us the most. Never. 💪🏽

Thank you Neil for your 5 star review. As my practice has incorporated grandparent visitation lately, it has been a pleasure representing loving grandparents. I love my clients and when cases are hard and we don’t get what we ask for, it’s amazing to have appreciative clients that understand the hard work that goes into challenging cases like this one. In family law, it’s not always clear cut. There are losses unfortunately. Choosing an attorney that cares, will fight 100%, respond promptly, while maintaining a level of kindness and professionalism during tough times is what you want. I am happy to be recognized as that type of lawyer. Thank you.

I have the most awarding job in the world. Where things are unstable, providing stability to my clients gives me the biggest joy. With my client’s permission to post, I won my first guardianship case recently. Probate court is so much different than family court but taking my feet out of my comfort zone to learn something new is all part of the growth process. Congrats to my client. ❤️

Honesty and integrity is what I value the most. Giving my clients a great experience is a big priority no matter what the result is. Honesty comes into play with good billing practices that clients can trust and treating clients with respect. That means, being responsive, taking their phone calls, being available for anything. A good sense of humor also helps. So what am I saying? I’m taking on new clients right now! If any of you I’ve been thinking about contacting a family law attorney make sure you consult with somebody you are comfortable with. I can’t promise you any guarantees but I can promise you that I will give you the best experience possible. 858-866-9672. 

Update! Did you know that all of our courts in San Diego County are offering both in person and virtual hearings? That’s right, this is a change that all of us legal professionals have been waiting for pre-pandemic! That means, you as a litigant have a choice to appear on Microsoft teams or can appear in person at the courthouse! Now with the weather getting warmer and everybody in party mode this summer since we all had a summer taken from us last year, violence is increasing. It’s time to look at our surroundings and make sure that we are acquainting ourselves with healthy relationships with people, including our partners. Should you find yourself in a position where you or your child are experiencing the blunt of poor decision making and domestic violence, contact my office so I can set up a consultation with you to discuss your options. The word is that this summer is going to be an anomaly as violence is expected to be worse than ever. It’s better that we start looking at our surroundings now and taking preventative measures to protect ourselves and children so that we can be responsible for our role in society. If you have been considering a custody change, now is the time to start thinking about it especially as court hearings are becoming farther and farther into the distance. Some trials are being scheduled for August 2022!  that means if there are other matters like a move away or a simple custody modification where you want holidays to be changed, now is the time! Similarly, if you were thinking about divorce, now is the time to start thinking about moving into that direction.  contact me! 858–866–9672. 😀

Happy birthday to my firm! June 1st marks my firm’s 4th year in practice. I could not be here if it wasn’t for all of the public’s support and trust in me. Thank you to my dedicated clients and colleagues that have made the past 4 years amazing. Can’t wait to help more and more of you. Hope everyone had a fantastic Memorial Day!

Happy to announce I made the Super Lawyer's Rising Star List for my 3rd year in a row! Happy to serve San Diego. If you need help with your family law matter, please do not hesitate in contacting me for a consultation. 858-866-9672.

Happy New Year everyone! With a challenging year for many behind us, we are now mid way through January 2021 and I don't know about you but many around me are catching COVID-19. Many are faced with difficult questions on exposure and concerns about themselves, family, and children. This is especially true for parents who have out-of-state parenting plans and children have to fly to see the other parent. If you are in a tricky situation and the other parent is not seeing eye-to-eye with you regarding COVID-19 concerns, it is totally okay to talk to an attorney about this. If any of you need a consultation to discuss your concerns, please do not hesitate in contacting me directly to schedule an appointment. 858-866-9672. Have a great weekend!

Happy holidays everyone! Today I won 3 times. A 5 year restraining order protecting my neighbor against a deranged stalker she never knew prior, my FOUR day trial with serious admonishments, blocking a move away, and last but not least, a denial of a DVTRO against my 3rd client. It’s been amazing day seeking justice my lovely clients deserve. Life is tough for many these days. If you need legal recourse, call me. 858-866-9672....but I’m taking a break. A busy lady-attorney needs a break with the fam! Call me/leave me a message and let’s connect after the new year! Enjoy everyone and be safe.

Sorry it’s been awhile since I’ve posted! With all of the rescheduled hearing dates, I’ve been slammed! But victories are still happening over here. Congrats to my client, Kenneth, whom was granted a move away the other day after a year battle. I love my clients! But now it’s time to start thinking about holiday planning. If your custody orders aren’t working, contact me 858-866-9672. Or if you are in the same boat as Kenneth and want to get ahead about moving, we better start now. The court calendar is slammed. Better to get started sooner rather than later! Congrats Ken!

Happy Monday everyone! It is looking like the courts will be opening on May 26th! I do not believe it will be like it used to though in the sense that there will be live hearings etc. and instead it will be all virtual in some way or another. But I am looking forward to some sense of normalcy. If any of you are in need of a restraining order, divorce, or custody/support case/modification, I suggest giving me a call sooner rather than later so we are ready to go by the 26th. I am starting to get busy with new intakes so make sure you make your decision soon. Summertime is my busy season and with this COVID-19 situation, I imagine that there may come a point where I will not be able to take on new cases. So catch me while you can! Hope you are all doing great. Lets try to have a good summer! 858-866-9672.

Update. Courts will be closed through the end of April. I’ll be sending a mass email to all clients. What does this mean for my practice?! Nothing! I’m still in business and happy to serve you! 😁

If you have family court services mediation or a hearing scheduled in this time frame...the court will automatically reschedule it. When you ask? I have no idea....stay home and stay safe everyone. For those in volatile relationships, if you are in need of a restraining order, contact me right away. For those who have been served with a restraining order, call me right away. Most importantly, please abide by it so you don’t get put in Covid-19 infested jail. That would be everyone’s worst nightmare and who knows when you’d be released! For anyone who is currently in jail that needs assistance with bail due to violation of a restraining order, call Allergic To Handcuffs Bail Bonds and call me.

If any of you want to get ahead of the game and prep divorce or custody/support paperwork, I am happy to get the ball rolling and prepare it so it’s ready to go when the courts open. 858-866-9672.

Big Update: The entire State of California is basically on lockdown. That is, a state-wide mandatory shelter in place that is not clear on enforcement (yet). It is a misdemeanor to not follow the new order, however. So keep that in mind. https://kmph.com/news/local/lockdown-entire-state-of-california-now-under-shelter-in-place-order

CUSTODY AND VISITATION
Please note that although it was not specified specifically, I interpret this order to mean that custody and visitation orders/exchanges can be considered "essential" for leaving your house. So if you are leaving to exchange your child with the other parent, just make sure you take your custody order with you just in case. To my current clients, don't forget that you have electronic access on Cosmolex as long as you finally remember your username and password to my portal where your orders are located. See why remembering that dang login info is so important? (Haha). For those who have professionally supervised visitation, my understanding is Hannah's House is doing Skype visitation. That could change. So make sure you contact your provider to find out what changes are going to be made tomorrow.

So what can we expect from here? Well it is anticipated that 60% of the California population will get Coronavirus in the next 8 weeks. Lets do the math if we do not adhere to the order: that is about 875,000 Californians that could die as result assuming 3.5% death rate...so please take this seriously. If we do, these numbers will not be anywhere near this. We have a responsibility as Americans to help each other and protect each other. That could be your neighbor, your friend, a stranger. If someone is in need, lend a (sterile) hand. Don't freak out. We will be okay. There is no time frame for when this will end and when we can be free again to go amongst our lives but the sooner we take this seriously and adhere, the sooner it will end.

I want all of you to be responsible and forward thinking and be selfless. For example, I talked to one of you earlier about the other parent living with elderly family members and your new spouse was recently out of the country whom has recently returned. In that instance, it was discussed that it was probably better to forego upcoming visits to ensure the other parent and the family was safe. That was a big decision to be made in a case that is very hostile but it was forward thinking and responsible. That is an example of what I want my clients to start thinking about and implementing to keep this thing from spreading and keeping the peace.

Now, even though you have this court order that allows you to exchange with the other parent. I really urge you all to discuss all aspects of concern with the other parent. This might be a situation where it might be best to keep your child home with you if there are significant risks. Although you cannot make that decision unilaterally, the decision needs to be mutual in writing. However, if there is an emergency situation. That being for example, someone you are aware of (i.e. immediate family member with close contact with the other parent) has coronavirus and you are expected to do an exchange with the other parent who is being unreasonable and selfish, you could "maybe" get away with making that unilateral decision but you better be right and you better know the diagnosis for a fact and not assume just because the person is merely ill. Otherwise, it just looks like you are trying to withhold the child. If you know for a fact that someone close has this virus, it could arguably be considered an emergency legal decision to not exchange with the other parent for two weeks. I am not telling any of you to do this! This decision would vary case by case so make sure you talk to me first. But I just wanted to give a realistic hypothetical/general information as an example of how this type of situation "could" play out because in the next 8 days or so, we are going to start seeing people we know personally get this virus. That is a fact. Do not rely on this paragraph as any kind of advice for this kind of decision. Just read it and move on and call me if this situation comes up. Then I can advise you.

CHILD SUPPORT
I am getting questions about child support. Well you guys….I don’t have a great answer for you right now. I can’t file anything so I am not sure how the courts are going to deal with retroactivity dates. When the court does open, I don’t know what everyone’s employment situations are going to be like. Overall, expect we are going to get hit with motions or will be having to file motions requesting to reduce child support payments because being out of work is simply not realistic in paying anything right? Child support is different from rent and mortgages so don’t count on having a break like the IRS is giving for taxes. It’s not the same thing unfortunately. One productive idea is we could try to workout a stipulation outside of court and submit it when the courts open. I have access to the dissomaster on my computer system through DCSS although sometimes I find these numbers to be slightly off from the actual version the court uses. Its in the same ballpark though. So let me know if that is something I can help you out with.

Let me know if you have any questions about how this new state law affects any of your orders. 858-866-9672.

DISCLAIMER: Attorney advertising. The information contained on these pages is not legal advice. Rather, the information is provided to be general information only. Each case and outcome is dependent on the individual facts. An attorney cannot guarantee a particular outcome of your case.

LOCKDOWN! Entire state of California now under "shelter in place" order The state of California is about to go under a "shelter in place" order announced on Thursday by Governor Gavin Newsom. The Governor calls the situation "fluid", and says the order is necessary now because of new projections that show how many people might be infected. He calls this an "open ended"....

As promised, I have another crucial update. The courts will be closed tomorrow until April 6th and will reopen April 7th If things don’t get crazier. Stay home people! Get along with your families and don’t p**s anyone off in a time like this. Let’s help each other get through this. It’s unclear whether restraining orders can be filed since the business office appears to be closed as well. Scary stuff but we will get through it! I’m still going to be working remotely. I’ve made it back to my snowy hometown in central California. I’ll be here until things calm down. See my other posts regarding recommendations on what to do to take your mind off things. One other piece of advice I have is everyone should make sure to withdraw some cash and make sure your gas tanks are full. Banks are starting to limit amounts you can withdraw per day, so take notice of that. Having cash on hand is always something that’s a good idea in a time of crisis. You just never know so make sure you’re prepared beyond the food and toilet paper! Lol. If any of you are feeling anxious or have questions about anything, I’m just a phone call away. 858-866-9672. Know that you are cared about and loved. I’ll be here to help as much as I can from a distance. Take good care lovelies! This won’t last forever! Promise!
http://www.sdcourt.ca.gov/pls/portal/docs/PAGE/SDCOURT/GENERALINFORMATION/NEWS/NEWSRELEASES/NEWSRELEASESPART1/2020-03-16%20SDSC%20TO%20REDUCE%20SERVICES%20DURING%20PANDEMIC.PDF

www.sdcourt.ca.gov

Hi clients and followers, so the latest in San Diego is the County and City of San Diego just declared a state of emergency. Here is the new ban: "County Public Health Officer Announces Restrictions, Prohibits Mass Gathering. According to the County of San Diego’s Health and Human Services Agency, effective immediately all gatherings of more than 250 people are directed to be postponed or cancelled across the county. This includes concerts, conferences, and professional, college, and school sporting events. Smaller events can proceed only if organizers can implement social distancing of six feet between participants. Additionally, the Public Health Officer issued a directive to implement aggressive visitor restrictions for the following: hospitals providing acute, in-patient care; long-term care facilities; skilled nursing facilities; and other residential facilities. These restrictions will remain in effect at least through the end of March."

As far as my practice, my understanding is my office suite is going to remain open but this is subject to change. Regardless, I will be working primarily from home. My phone operations will work whether it will be my front desk answering or myself answering my own calls like old times. I have video conferencing so business shall resume as normal.

One concern I have is interpreting this new restriction, I do not know if the courthouse will remain open. This is a major concern I have. So I will keep my page updated with any new information I find.

Amidst the Coronavirus, I want to inform everyone that my firm is 100% cloud-based and if anyone is concerned about meeting at my office, I do offer video-conferencing. I work off of a Mac and iPhone, which I incorporate into my practice. So for new clients that are sick or fearful, let me know and I can accommodate you. If anyone wants some unsolicited advice regarding how me and my family are staying safe at this time here is what I recommend: Make sure you have a full tank of gas. Gas prices are plummeting and we may start to see gas stations close. The stock market has temporarily halted, which is also not a good sign. This means you should make sure you have basic essentials for 2 weeks. Don't go crazy. Don't be that person with a cart-full of toilet paper. That is ridiculous! Utilize Amazon Prime. I order Whole Foods groceries online and it arrives only door step. How cool is that? Utilize food delivery services if you don't know how to cook. If you are sick, that is the time to wear a mask. Get at least 8 hours of sleep, eat healthy, make sure you do 30 minutes of exercise daily. Stop worrying! Do things that make you happy, whether it is reading, doing artwork, cooking, watching a movie at home or putting some extra work in. Try not to travel, especially going on cruise ships. If you don't know how to cook, maybe try a recipe. I like Giada De Laurentiis and Ina Garten on Food Network. Being cautious but not extreme is all you can do! Treat your home as your sanctuary. If you find yourself to be stressed, burn a nice smelling candle. I like palo santo. One of my favorites right now because it smells amazing! Maybe go on Youtube and do a led yoga class. I like Tim Senesi. He was my instructor years ago. Check him out! All in all, life is still good. The media will continue to instill fear in us. We are stronger than that!

Thank you to my current client, Nichole, for the amazing 5 star review. It’s been incredible working with you and I’m so grateful we have had amazing outcomes. I’ll always be here when you need me. ❤️

Hi everyone! It is almost spring! Who is ready for consistently warmer weather? In preparation for the warmth ahead, my firm is warming up too! That means, I am accepting new clients. Contact my office for a consultation. Time to get you in my books before it starts getting too hectic! 858-866-9672

Thank you to my dearest client, Adriana, for the 5 star review! I say it all the time and I’ll say it again, I love my clients. We choose each other and together we get through your thick and thin, even at 10pm if you’re really struggling. It all works out in the end and in this case, it worked out within the year we filed. Thank you Adriana. May you truly be free. ❤️ https://www.avvo.com/attorneys/92101-ca-brianna-davis-4856496/reviews.html

Brianna Davis’s Reviews - San Diego, CA Attorney - Avvo San Diego, CA attorney Brianna Davis - read reviews from former clients.

Merry Christmas to all of my clients and colleagues! Wishing you all happiness and peace, from my family to yours.

Happy holidays everyone! My office will be closed today through Friday. The girls will still be answering calls, however in case there’s an emergency, Monday, Tuesday and maybe Wednesday. I’ll be checking my email every now and again this week. However, I’ll be back in the office next Monday. Have a wonderful Thanksgiving. Eat lots of turkey and sweet treats, stay warm, and be happy! I’ll be up in the snow with my family in central California! ⛄️❄️🤗

I’ve said it so many times but I will say it again, I truly love my clients and I will do everything I can to turn things around. Thank you to my client, Stacey, who wrote a review on Avvo that legitimately brought tears my eyes. This is a passion for justice for those that need it the most. I am so grateful for those of you that have chosen me to ride your journey with you. 

It’s time to start thinking about the holidays!

1. CUSTODY AND VISITATION: If you have kids and don’t have a custody schedule, it’s time to start thinking about getting one. There’s nothing more stressful sometimes than having to divert holiday plans because the other parent won’t let you take the kids. If you have a custody schedule and are dissatisfied, now is the time to start thinking about changing it. Sometimes people let their custody schedule become irrelevant as a result of moving away or practicing something totally different from the previous order. It’s usually best to have a custody schedule that reflects what is being practiced so that there’s reliability, accountability, continuity, and stability.

2. DIVORCE: It’s also time to start thinking about planning your divorce if you’ve been thinking about it. It’s a weird concept but people ask me all the time, “should I file before the holidays? Or after the holidays?” The choice is up to you but the filing of divorce often times has an emotional impact on everyone, especially kids. However, the holidays are also a time where some of the biggest fights happen, as you can probably imagine. It’s a catch 22. Sometimes it’s best to file after to keep the status quo but if the situation is dire, it might be best to file before. Something to consider might be if you have an alternative place to stay if you file before. Regardless, now is the time you should get your questions answered about date of separation issues, move outs, debts, taxes, custody, support, etc. There may be steps you can take now that will put you in a better situation by January 2020, which means the planning should start NOW. I am taking new clients, so feel free to contact me for a consult! 858-866-9672.

Happy Friday everyone! My office will be taking calls today and Monday but I’ll be unavailable until Tuesday as Monday is Columbus Day, which is a court holiday. So why not make a long weekend out of it right? Have a wonderful weekend! :-)

To my current clients: ever wonder who is behind the scenes when you see “courier fee” on your bill? Meet Gabe and Alba from AMS! These are some of the hardest and sweetest working people I know. Together we make a great team to get your filings and service done. The only person missing here is Robert G! He’s the most badass process server I’ve ever seen. 💪🏽

We had a victory this week. Do you have any idea how tough it is to flip a 50/50 custody plan? Well this week, we defeated the odds and convinced the court that the child was in harms way. Not only did we get sole legal and physical but the other parent must undergo a comprehensive psychological evaluation. Moral of the story is, if you’re dealing with a co-parent who talks smack to your kid about you inappropriately and seems to have a complete inability to coparent and tries to control everything on his or her own terms, it’s time to come talk to me. 858-866-9672.

Grateful for another 5 star review! I’m happy to give a great service to people in need in San Diego County and select cases in Kern County. Contact me if you have a bigger problem over your head than you realized. 858-866-9672