There are generally eight types of domestic violence/abuse: physical, intimidation, child abuse, verbal and emotional, social isolation, religious, male/female privilege (diminishing the victim’s authority and preventing him/her from contributing to the relationship and sexual abuse.) If you are in the process of divorce and there are minors involved, issues of custody and visitation will be…
Atty. Castaneda wins the DMV Administrative Per Se Hearing for her client. As a follow-up to the article posted on April 22, 2019, she was right—the Department of Motor Vehicle (DMV) Driver Safety Officer ruled that her client’s suspension of her driving privilege is set aside. The Officer upheld Atty. Castaneda’s argument that the police…
When you are arrested for Driving Under the Influence, you have an administrative hearing (DMV) and the criminal court to deal with. The outcome for the two cases is different– this article will deal solely with the DMV. The purpose of the DMV is to determine if the defendant’s driving privileges should be suspended. The…
Family Code (FC) section 2030, subdivision (a)(2) uses the term “disparity.” This provision specifically states that at a trial court must make a finding on “whether there is a disparity in access to funds to retain counsel.” The common and ordinary meaning of the word “disparity” as referenced in the Launa Morton v. David Morton…
Prior to December 31, 2018, in most divorce situations, one spouse is legally obligated to make payments to the other party. These payments could be substantial and tax deductions and for some payors, this has been a substantial benefit. However, the Tax Cuts and Jobs Act (TCJA) will “scrap” a 75-year old deduction for spousal…
Both federal and state laws support the strong policy that a parent’s first and principal obligation is to support his/her minor children. Each parent has equal responsibility to support the child. The court has the authority to order either or both parents to pay any amount necessary for the support and education of their child….
Many clients will be confused as to their rights in modifying a current visitation or custody order. For example, I had a client who had a visitation order 5% due to a prior restraining order. He came to my office and wants to know what his options would be. Since the restraining order had expired,…
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. I was in the bank this week with my parents when the banker helping them wanted to…
I always wanted to be an attorney so I could help people. I realize this is an idealistic statement. But, I beg to differ. There have new beginnings for some of my clients. Here are some examples: A 14-month old baby was returned to the parents in time for Thanksgiving after months of separation. The…
Before the issue of what a transmutation is and how a quit claim or interspousal transfer deeds affect real property, there must be an understanding of community property. Simply put, anything acquired during marriage, whether they are debts or assets are community property with the general exception, of anything inherited or bestowed as gifts. One…
A new client just called me about being arrested for a DUI from a checkpoint. Yes, as we know the holidays mean festivities and parties more likely than not include alcoholic beverages. So again, checkpoints are legal but the police are required to insure that state and federal laws are followed before they institute a…
“Excessive bail will not be required, or excessive fines imposed, or cruel and unusual punishment inflicted.” [Eighth Amendment to the Constitution of the United States, ratified on December 15, 1791] This was reiterated in Article 1, Section 12 of the 1872 California Constitution and amended in November 8, 1994 to provide that a person shall…
Any court orders or judgments made in a dissolution case are not ordinarily binding on any third parties, companies or entities. However, it is often necessary to obtain cooperation of people and entities that are not otherwise involved in the dissolution case. This is done by filing a Motion for Joinder. A Motion for Joinder…
Family Code (FC) Section 6200 to 6320 codifies DVPA. The legislative intent of DVPA has a protective purpose that is broad both in its stated intent and its breadth of persons protected.” Caldwell v. Coppola (1990) 219 Cal. App.3d 859, 863. FC Section 6211(c) is abuse intentionally or recklessly causing or attempting to cause bodily…
My spouse wants to retire. Can I force them to continue working in order to receive the same amount of support? This is the question that was asked in Marriage of Reynolds (1998) Cal.App.4th 1373. In this case, the husband retired from active employment and the trial court attributed to him a monthly income based…
This issue is sometimes litigated in divorce cases. In California, there are many scenarios in which a Family Code (FC) 2640 analysis will apply. The most common one deals with reimbursement of a separate property down payment on a home. For example, the residential home is purchased during the marriage and a down payment is…
Apart from settlement, a divorce trial is the only way that a court can make a final decision about your case. Settling a divorce case does not necessarily mean you and your ex-spouse have to agree on everything. You can reach a partial settlement on some issues and decide to allow the court to rule…
When a criminal defendant is confronting a criminal case and is set for trial, it is up to the defendant to decide whether to proceed or plead guilty. His or her defense attorney should provide the pros and cons of going to trial. I do not like my clients pleading guilty to a crime until…
Pre-filing means when an individual is suspected of a crime and is under police investigation but no formal charges have been filed. You are under investigation if law enforcement agencies/police contact you, your employer, family or friends to ask questions. A search warrant may have already been issued and executed. In order to prevent further…
After a trial, the judge awarded my client attorney fees (to my office) and sanctions (to my client) against the other party for their bad faith litigation conduct. He was ordered to pay but has failed to do so—now what? An examination of a judgment debtor (debtor) exam is authorized under Code of Civil Procedure…