Each year hundreds of thousands of older persons are abused, neglected, and exploited. The victims are generally people who are older, frail, and vulnerable. Abusers are both men and women, and may be family members, friends, or “trusted” others. The CALIFORNIA PENAL CODE SECTION 368 defines elder abuse: (emphasis added)  (a)The Legislature finds and declares…

As a result of having been taken into custody, assessed and admitted pursuant to Welfare and Institutions Code  (WIC) sections 5150, 5151 and 5152 as a danger to self or others, you are prohibited from owning, possessing, controlling, receiving, or purchasing a firearm for a period of five years from the date of discharge. A…

I have had several media outlets and contributing writers ask me about the Dissolution filing by Ms. Jolie-Pitt  (Angelina) and exactly what are at stake? The filing for Dissolution appears to be “simple” enough on its face—she is not requesting child support and spousal support. She is requesting joint legal custody but sole physical custody…

Most states have a zero tolerance approach for drinking and alcohol while driving. In California, Vehicle Code (VC) Section 23136 applies when you are under 21 and you drive with a blood alcohol content (BAC) of .01% or greater. VC 23140 applies to those under 21 who have a BAC level of .05 or greater….

The HCSCPA Act took effect on January 1, 2016. The Home Care Aide Registry is an online site which list registered home care aides and home care aide applicants that is maintained by the California Department of Social Services (CDSS). This registry will include the individual’s name, registration number, status and expiration date. This Act…

A shoplifting or any type of theft conviction, especially in such a competitive employment environment will negatively impact your employment opportunities, getting your professional license and even getting your citizenship. Questions such as, “Is this person dishonest?”  “Is this person untrustworthy?” or even “Will this person steal from me?” But for many who are confronted…

Judges or the parties’ will request a Child Custody Evaluation, commonly referred to as a “730 Evaluation.” This is intended to assist the court in establishment of custody orders and in move-away cases. It “looks” into the mental health and parenting practices of one or both of the parents. When is an evaluation needed?  If…

Not having the funds to retain an attorney is a source of great anxiety for many family law litigants.  Proceeding without an attorney can have negative economic consequences. It is already an emotional issue and it seems even more impossible to navigate and comply with the strict guidelines required in a divorce case. Without a…

The language of Family Code (FC) section 4320(i), one of the factors that the court must consider in evaluating post-judgment or “permanent” alimony orders states: “Documented evidence of any history of domestic violence, as defined in section 6211, between the parties, including but not limited to, consideration of emotional distress resulting from domestic violence perpetrated…

The U.S. government has negotiated federal- level reciprocity arrangements with several countries on behalf of U.S. jurisdictions. If a parent who owes child support lives in one of the 26 countries, that country will assist the U.S. in working the case, and vice versa. These countries are formally called Foreign Reciprocating Countries or FRC. I…

Victim impact statements are written or oral information from crime victims, in their own word about how a crime has affected them.  All 50 states allow such statements to be introduced at some phase of the sentencing process. Most states even allow victims to submit such statements at parole hearings, and the information in this…

We all have read and seen pictures of what appears to be injuries to Johnny Depp’s spouse, Amber Heard. A petition for dissolution has been filed by Ms. Heard to terminate her marriage to Mr. Depp and appears to be requesting also financial issues, including but not limited to, spousal support and asset division. She…

With Memorial Day and the summer season coming soon, many should be aware of DUI checkpoints. Generally, probable cause to stop and question the driver-—observing a traffic violation, defect in the vehicle or driving pattern that indicates the driver may be under the influence of alcohol, narcotics or both. However DUI sobriety checkpoints are an…

In today’s two-income families and successful women “breadwinners,” a Forbes magazine series on spousal support (alimony) concluded that of the 400,000 people in the United States receiving post-divorce spousal maintenance, only 3 percent were men. While men are making strides in “winning” in the custody battles, the common practice still seems to be that in…

Ex parte motions, or “emergency” motions, are common in divorce and custody cases. Ex parte relief is requested when it is impractical or impossible to wait the minimum statutory period for the court to hear a “regular” motion. For example, a new client came in last week, wanting to stop her husband from taking their…

A support order is a judgment and they are installment payment plans. Each installment is subject to a legal interest rate (California is 10%). I have had many clients inquire about how many missed payments are required to commence enforcement. There is no rule that a series of payments are required. As soon as one…

Once you are convicted at a bench trial (no jury) or a jury trial, you have the right to appeal that conviction.  A Notice of Appeal must be filed with the court 30-60 days following the judgment. This timeframe and all the timeframes that govern the appeals process require strict compliance. A final judgment is…

An annulment is very different from divorces. In a divorce, there are no questions about the marriage. You simply want to end it and move forward with your life. In an annulment, the marriage itself is questioned—whether it is valid and enforceable. In California, there are 2 types of annulments: (1) void marriage (not legally…

A client who resides in Arizona called me pertaining to a child support case being enforced by Arizona Department of Child Support and the case was established (paternity and child support) in India. Note, there is no present treaty with India.  He had hired an Arizona attorney but needed me to oversee his local attorney. …

In a divorce, a charge against a spouse’s share of community property made to reimburse the community for the value of his/her exclusive use of the property after separation (a spouse remains in the family residence) (Watts case). The other credits are reimbursement claims against the community property for the payment of a community debt…