Watch Videos: Attorney Philip Monahan

Meet Philip Monahan

My life’s background really helped prepare me to be a family law lawyer.

What I mean by that is I faced my fair share of challenges in life. I was born in a rural part of upstate New York. My dad died unexpectedly when I was 9 years old. As a result, when I was 12 years old, my mom made the decision to move our entire family to Southern California to be closer to her sister and her parents.

That was a lot of adversity during a three- or four-year stretch of my life. I started junior high school not knowing anyone at my school, but I persevered with the help of my family.

In my first year in California, I met who would become my best friend. When we graduated high school, he went to UCLA, and I went to community college. I started visiting him at UCLA, and I quickly learned it was a great place and where I wanted to finish my undergraduate studies.

I worked as hard as I could in community college, got straight A’s, and applied to UCLA. I knew one way or another I was going to get in—and I did. I transferred there and completed my last two years of undergraduate studies at UCLA.

My experience at UCLA has become an important part of who I am, even though I ultimately went to USC Law School, which people often find interesting. I had a great education there and made good friends, but I always say, “Once a Bruin, always a Bruin.” And whenever UCLA and USC face each other in athletics, I’m rooting for UCLA.

While I was at USC Law School, I took a family law class taught by someone who is now a well-known mediator and retired judge. At the time, he was a family law judge.

That was my first exposure to family law. What I came to understand was that it was an area where I could help real people rather than entities or corporations. That is when I began thinking seriously about pursuing family law as a career.

What I really like about family law is that our clients are real people. They are not organizations or corporations. They are going through a difficult time in life.

I think the adversity I experienced helps me relate to them. Being a family law lawyer can be stressful and it is not always easy, but it is very rewarding to help people through difficult times.

Very often, clients are grateful for the help we provide in getting them through those challenges. I often share my own experiences with clients to let them know I have been through difficult times too, and that they can get through theirs and still find happiness ahead.

What is your experience in litigating divorce cases?

One of my strengths is that I am not afraid to go to court, and I have a lot of experience there. But here is a little secret: that often helps settle cases.

It is helpful when the other side knows I am not afraid to go to court and to win in court. As a result, my cases often end up settling. I believe I get good results for my clients because the other side knows we are willing to go to court if necessary.

What trends do you see in the way courts are dealing with domestic violence?

Courts and the California legislature have made a lot of progress in recent years in ensuring that domestic violence restraining orders are issued even before physical violence occurs in a relationship.

Courts are now issuing restraining orders for verbal abuse, threats and coercion, harassment, emotional abuse, and coercive control.

It is important to understand that courts look closely at text messages, WhatsApp messages, emails, and social media when making these determinations. Twenty years ago, judges often had to decide cases on a “he said, she said” basis.

Now, written communications can be highly influential in showing what occurred and the nature of the relationship. People going through divorce should think carefully about anything they put in writing.

Another trend is that judges are aware that restraining orders are sometimes used strategically to gain an advantage in custody disputes.

My advice for anyone served with a domestic violence restraining order who believes it is unwarranted is to wait for their day in court. This may take about a month, which can be frustrating.

At the hearing, the person seeking the restraining order must prove by a preponderance of the evidence that abuse occurred. The responding party has the opportunity to present their case, call witnesses, and introduce evidence such as emails and text messages.

During that waiting period, the parties are under a microscope and must be on their best behavior. That conduct can also affect the court’s decision.

How can you assist someone who is the victim of domestic violence?

People are often surprised to learn that domestic violence restraining orders in California are handled in family law courts by family law attorneys.

Our firm has extensive experience in this area. Domestic violence issues often become central to a case and can significantly impact custody determinations, spousal support, and attorney’s fees.

Beyond the legal implications, individuals who have experienced domestic violence need experienced professionals to guide them through the process. That is something our firm is well equipped to handle.