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Immigration Law

Your Rights During an ICE Encounter in California

June 2025  ·  4 min read

Being stopped or approached by immigration agents is one of the most frightening experiences a person can face. Understanding your rights before that moment — not during it — is critical. California has enacted several new laws in 2025 that give residents additional protections, but knowing federal constitutional rights is equally important.

You Have the Right to Remain Silent

Under the Fifth Amendment, you are not required to answer questions about your immigration status, where you were born, or how you entered the country. You may calmly say: "I am exercising my right to remain silent." Do not lie — simply decline to answer.

You Have the Right to Refuse a Search

Unless an officer has a valid warrant signed by a judge, you do not have to allow them to search your home, car, or belongings. You can say: "I do not consent to a search." Keep in mind that if they proceed anyway, your refusal is on record and will be important for any future legal challenge.

New California Protections in 2025

• SB 805: Federal officers, including ICE agents, must display identification that includes their agency and either a name or badge number when conducting arrests or enforcement operations
• SB 627 (No Secret Police Act): It is now a crime for any law enforcement officer — including federal agents — to wear a facial covering that obscures their identity while performing duties
• AB 49: ICE agents cannot enter non-public areas of schools without a valid warrant, subpoena, or court order
• SB 81: Immigration status is now protected medical information — healthcare providers cannot share it with federal authorities except in limited circumstances

If You Are Detained

Clearly state: "I want to speak with a lawyer." Do not sign any documents — including voluntary departure forms — without consulting an attorney first. Signing certain documents can waive important legal rights and result in immediate deportation without a hearing.

Have a Family Preparedness Plan

California's Family Preparedness Plan Act of 2025 (AB 495) creates a streamlined process for short-term guardianships so that if a parent is detained, a trusted adult can make medical and educational decisions for your children without needing to go through the courts. Talk to an attorney about putting a plan in place now.

If you have questions about your rights or need help creating a family preparedness plan, contact Vachhani Law, P.C. for a consultation.

Immigration Law

New Immigration Fees in 2025: What Applicants Need to Know

July 2025  ·  4 min read

Effective July 2025, the federal government has implemented sweeping increases to immigration application fees as part of new legislation passed under the Trump administration. For many families in our community, these changes represent a significant financial barrier — and the elimination of fee waivers makes it even harder for low-income applicants to navigate the system.

Key Fee Changes

• Asylum applications: Now require a $100 filing fee plus an additional $100 per year that the application remains pending — a first in U.S. history
• Work permits (EADs): Fee increased to $550
• Temporary Protected Status (TPS): New fees now apply to applications and renewals
• Special Immigrant Juvenile Status (SIJS): Fees now required for applications
• Fee waivers: Have been largely eliminated across the board

Who Is Most Affected

These changes hit hardest for asylum seekers — people who have fled persecution and violence and often arrive with limited resources. Under the old system, fee waivers allowed qualifying individuals to access the immigration process without upfront costs. That safety net is largely gone.

Families with multiple members in the immigration system may face thousands of dollars in fees across multiple applications, renewals, and annual asylum fees.

What You Should Do

If you have a pending application or are planning to file, it is more important than ever to work with an experienced immigration attorney who can help you time applications strategically, understand exactly which fees apply to your case, and explore any remaining options for fee reduction.

Do not let cost prevent you from seeking legal help. Contact Vachhani Law, P.C. to discuss your situation — we will give you a clear picture of what your case requires and what it will cost.

Family Law

California Now Allows Joint Divorce Petitions — What That Means for You

January 2026  ·  4 min read

Effective January 1, 2026, Senate Bill 1427 has introduced a significant change to California's divorce process. For the first time, spouses who agree on the major terms of their separation can file a joint petition for dissolution of marriage — simplifying what has traditionally been an adversarial and procedurally complex process.

What Is a Joint Petition?

Under the new law, both parties file a single joint petition together. Because both spouses sign the petition, there is no need for one party to formally serve the other — the act of filing constitutes service for both. This eliminates one of the most common sources of delay and conflict in the early stages of a divorce.

Who Qualifies?

• Both spouses must agree to file jointly
• The parties must be in agreement on major issues, including property division, custody arrangements, and support
• Either party may file an amended petition or response before judgment — but doing so converts the case to a standard dissolution and revokes the joint petition
• Standard filing fees still apply — this is not a fee reduction measure
• The mandatory six-month waiting period before finalization still applies

What This Means in Practice

For couples with an amicable split and agreed-upon terms, the joint petition process can meaningfully reduce the time, cost, and emotional toll of divorce. It removes procedural friction and allows the focus to remain on reaching fair agreements rather than navigating adversarial court procedures.

However, even in amicable divorces, the agreements you reach on property, custody, and support will have long-term legal and financial consequences. Having an attorney review your terms before filing protects your interests and ensures nothing is overlooked.

Contact Vachhani Law, P.C. to learn whether a joint petition is right for your situation.

Family Law

Stronger Domestic Violence Protections in California Custody Cases

January 2025  ·  5 min read

California has significantly strengthened its family law protections for survivors of domestic violence in 2025 and 2026. These changes affect custody determinations, restraining orders, and firearm relinquishment — and they represent a meaningful shift in how California courts handle cases involving abuse.

Stronger Presumption Against Joint Custody

Under updated California Family Code § 3044, courts now apply a stronger rebuttable presumption against awarding joint custody to a parent who has committed domestic violence. As of January 1, 2026, courts must also consider whether that parent has violated firearm restrictions — including illegal possession — when making custody determinations. A parent who has abused their partner and violated firearms laws faces a significantly higher bar to obtaining shared custody.

Firearms Must Be Surrendered Immediately

AB 2759, effective January 1, 2025, closes a loophole that previously allowed individuals subject to domestic violence protective orders to retain firearms under vague professional exemptions. Now, anyone subject to a DVRO must immediately surrender all firearms and ammunition — no exceptions.

Effective January 1, 2026, Family Code § 6389 establishes even stricter guidelines for firearm relinquishment exemptions. Courts must now determine by a preponderance of the evidence whether the responding party poses a risk before granting any exemption.

Restraining Orders Are Now More Accessible

A key amendment effective January 1, 2025 prohibits courts from denying protective orders under the Domestic Violence Prevention Act (DVPA) based solely on minor clerical errors in the filing. Previously, technical mistakes on forms were used to delay or deny critical protections. That barrier has been removed — survivors who provide complete and substantive information will not lose their right to protection due to paperwork errors.

Custody Orders Must Now Be Detailed

Courts now require that all parenting plans include detailed schedules with specific times, locations, and exchange arrangements — not just general terms. This is designed to reduce conflict and eliminate the ambiguity that abusive partners have historically exploited to maintain control.

If you are in a situation involving domestic violence and need guidance on custody or restraining orders, please reach out to Vachhani Law, P.C. We handle these matters with the seriousness and confidentiality they deserve.

Immigration Law

Schools, Hospitals & Immigration Enforcement: California's New Protections

September 2025  ·  4 min read

One of the most deeply felt impacts of the 2025 immigration crackdown was fear among families that schools and hospitals — places of care and learning — could become sites of enforcement. California responded with new legislation creating meaningful protections in both settings.

Schools

Under AB 49, ICE agents and other immigration enforcement officers cannot enter non-public areas of a school without a valid warrant, subpoena, or court order. School officials are required to request identification from any officer seeking access.

School employees also cannot provide education records or any information about a student or their family to anyone enforcing immigration laws, except under specific legal exceptions. School districts are required to post information in administrative buildings and online about every child's right to free public education regardless of immigration status.

AB 419 goes further, requiring schools to display information about students' rights and the California Attorney General's guide for students and families regarding immigration enforcement at schools.

Hospitals and Healthcare

SB 81 makes immigration status protected medical information. Healthcare providers cannot share a patient's immigration status with federal authorities for enforcement purposes. Providers also cannot allow anyone to enter non-public hospital areas for immigration enforcement purposes.

This is a critical protection for immigrant community members who have delayed seeking medical care out of fear. Your health information — including where you were born and your immigration status — is protected under California law.

What This Means for Families

Send your children to school. Seek medical care when you need it. California law now provides specific, enforceable protections in these spaces. While federal authority ultimately supersedes state law and legal battles over these measures are ongoing, the state's protections represent a meaningful layer of defense.

If you have questions about your rights or want to understand how these laws apply to your specific situation, contact Vachhani Law, P.C.

Family Law

California's Updated Child Support Formula: What Parents Should Know

September 2024  ·  4 min read

California's child support system has long relied on a statewide guideline formula under Family Code §§ 4050–4076. Courts plug in each parent's income, the custody schedule, and certain expenses, and a software program generates a guideline number that judges are generally required to follow. SB 343, which went into effect September 1, 2024, made the most significant updates to that formula in years.

What Changed

• Revised "K factor": The formula now adjusts how much net income is factored into the calculation, providing a more accurate reflection of each parent's actual financial situation
• More flexibility around income types: Courts now have greater latitude to account for irregular income, self-employment, disability, and long-term caregiving responsibilities
• Custody time weighted more heavily: The formula now places greater emphasis on how much time each parent actually spends with the child, rather than relying solely on the formal custody arrangement on paper
• Virtual visitation recognized: FaceTime, Zoom, and other virtual contact can now officially count as parenting time — whether supervised or not — making custody arrangements more flexible for families in different locations

Parenting Plans Must Now Be Specific

Under the new rules, vague parenting plans are no longer acceptable. If parents work out a custody arrangement themselves, it must include exact times, exchange locations, and specific provisions for holidays and school breaks. Judges must clearly state why the plan serves the child's best interests.

What This Means If You Have an Existing Order

If you have a child support order that was set before September 2024, your circumstances may now justify a modification. Changes in income, custody time, or caregiving responsibilities could qualify you for an adjustment under the updated formula. It is worth having an attorney review your current order.

Contact Vachhani Law, P.C. to discuss whether your support order should be revisited under the new guidelines.