If you think your divorce will be a fight, prepare to take the steps prior to the start of your divorce. Part of the divorce process is figuring out how you will pay for things until your divorce settlement is finalized. Despite significant gains by women, in many marriages it is still the husband who…
Certified Public accountants are used for financial issues, including: determining gross/net income available for support, identifying which assets are community and which are separate property, determining separate property interests in community interest (tracing of Family Code (FC) section 2640 claims), or community interests in separate property. Forensic accountants are also critical in determining reimbursement rights….
Family law cases: divorce, custody battles, child and spousal support establishment and enforcement, discovery, restraining orders and on and on. Family law litigation is stressful and personal. But when you have an ex-spouse or a parent who keeps filing frivolous motions with the court and loses each motion but does not stop, what can you…
I just finished defending a client in his family law case in which the opposing party who is represented by an attorney filed a contempt affidavit for alleging that my client filed a false I&E. There were 10 counts of criminal contempt filed and I was able to successfully defend him by requesting dismissal at…
The issue of child support enforcement is a high priority to the United States. The Bureau of Consular Affairs and the Office of the Legal Adviser for Private International Law work closely with the Department of Health and Human Services, Administration for Children and Families, Office of Child Support Enforcement to find innovative solutions to…
The United States Supreme Court today, June 8, 2015 rejects to hear an appeal filed by gun owners and the National Rifle Association (NRA). The Court left intact a March 2014 ruling by the San Francisco based 9th U.S. Circuit Court of Appeals that upheld the regulation that requires gun owners to keep their weapons…
With the summer travel season here, you can be sure that the police will be setting up sobriety checkpoints. In California and in many states, police conducting checkpoints must comply with a strict guideline that is laid out by case laws. In California, the landmark case is Ingersoll v. Palmer. Why are these case laws…
Professional licensing agencies may suspend or revoke a license issued for reasons enumerated in the California Business and Professions Code (BPC). For many who have criminal convictions, whether they are doctors, nurses, contractors, they will be served and must defend against an accusation that impacts their careers and livelihood. I had a client recently who…
California Penal Code (PC) 273.6 makes it a crime to violate the conditions set forth in a restraining order (RO) and used sometimes interchangeably as a “protective order” (PO). This usually occurs when a judge issue a legal restraining order and you intentionally ignore the terms of the order. Generally, a PO is a court…
When your child is arrested, you feel overwhelmed and powerless. But you have rights. You have the right to be informed when your child has been taken into custody, to advise your child to talk to an attorney and to be present at all the court hearings. The minor has the same constitutional rights afforded…
In March 2006, a 50-year old woman from a rural area in Maine testified before the state Legislature that “it wasn’t just the cats and dogs; it was the sheep and the chickens. I was terrified for their welfare. I knew if I were to leave, he wouldn’t hesitate to kill them. He had done…
You will be charged with a hit and run if you leave the scene of an accident without identifying yourself to the party or parties involved, and another’s property was damaged in the accident. The prosecution can file the charge either as a misdemeanor (property damage) and felony (injury sustained). Many will call me and…
The case of Mapp v. Ohio is poignant for many reasons. This seminal case which guards against all of us, citizens or not, the right against unreasonable searches and seizures was decided 50 years ago on June 19, 1961. Incredibly enough, this case all began with Don King, the future boxing promoter with the unique…
California Penal Code (PC) 273.6 makes it a crime to violate the conditions set forth in a restraining order (RO) and used sometimes interchangeably as a “protective order” (PO). This usually occurs when a judge issue a legal restraining order and you intentionally ignore the terms of the order. Generally, a PO is a court…
I have a client who came to me after being represented by a prior family attorney in his divorce case. After one year and having lost custody of his children, this client came in to my office asking me to take over the case. This client wanted a payment history since he will need them…
When parents get divorced and cannot agree who gets the children, it is up to the judge to make the ultimate decision. Prior to January 1, 2012, California Family Code Section (FC) 3042 only required the court to consider and give due weight to a child’s preference regarding custody if the child is of sufficient…
The general rule is that California Penal Code (PC) Section 290 requires everyone who pled no contest, guilty, or convicted of a sex-related offense to register with at least one local law enforcement agency. In California, this is a lifetime requirement for most individuals. What is a “sex-related offense”? These offenses could be no contact…
AB 2124 authorizes a county (Los Angeles) to establish a pretrial diversion program for defendants who have been charged with a misdemeanor offense and authorizes diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, and traffic violations. On January 1, 2015, Los Angeles County established a pilot program that gives…
Many clients are confused why they have to attend mediation prior to a hearing involving child custody and/or visitation. The Family Court Services is part of the Superior court. The staff attempts to mediate disagreements between divorcing and/or separating parents regarding the care of their children. They are not attorneys—they are court employees. Mediation is…
If you think your divorce will be a fight, prepare to take the steps prior to the start of your divorce. Part of the divorce process is figuring out how you will pay for things until your divorce settlement is finalized. Despite significant gains by women, in many marriages it is still the husband who…