Under federal law, all United States military personnel must provide child support to their children. But the laws of each state take priority over military rules. If a court order has already been established, or if both parties have entered into a written agreement on child support, both parties must comply with those agreements. If…

I just finished finalizing a settlement that prevented a client from going to trial this week. One of the issues at the inception of the case was who would move out of the family home? Here are some general tips, especially if the home was purchased prior to marriage by one of the parties. If…

I am the lead attorney in my client’s criminal domestic violence trial and divorce. While the merits of the criminal case will be determined by the jurors, the pervading question is the validity of the allegations while the parties concurrently are engaged in a bitter divorce case.  Both parties are keenly aware that the domestic…

Child Support Debt Reduction Program The Debt Reduction Program provides eligible parents with past-due child support payments the opportunity to reduce the amount they owe to the government. “Arrears” are owed to the government if your dependent children received public assistance or were in foster care while you were not paying court-ordered child support. Federal…

An environmental crime is a violation of environmental legislation – legislation put into place to protect the environment. The Environmental Protection Agency (EPA) has the responsibility to investigate environmental crimes. An environmental violation is any act by an individual or company that is against environmental laws or regulations in the United States.  The violations can…

California Penal Code § 29805 was amended to add a new subsection (b) to change the ten-year ban on owning a firearm or ammunition to a lifetime ban for those individuals convicted on or after January 1, 2019, of a misdemeanor domestic violence (Penal Code § 273.5). California’s firearm ban is now equal to the…

Proposition 64 (Prop. 64) legalized specified personal use and cultivation of marijuana for adults 21 years of age or older; reduced criminal penalties for specified marijuana-related offenses for adults and juveniles; and authorized resentencing or dismissal and sealing of prior, eligible marijuana-related convictions. Of particular interest to us, however, is the provision in Prop. 64…

HAPPY NEW YEAR EVERYONE! The effect of domestic violence in custody proceedings can result in more than just a restraining order against the offending party. The burden of proof for obtaining domestic violence restraining orders in family law court (as opposed to criminal court) is by a “preponderance of the evidence.” This means that a court must…

When it comes to recording telephone calls and other private conversations, California is a “two-party consent” state. Under the California Invasion of Privacy Act and in particular Penal Code section 632, all parties to the conversation (even if there are more than two) must give their permission or else recording it will be illegal. This applies to…

In Los Angeles and many courts in California, temporary restraining order requests are handled the same day they are filed. The person seeking an order is called the “Petitioner.” This person must make declarations under penalty of perjury about the allegations of abuse or harassment that has occurred. Whether in a domestic violence restraining order…

After finishing up the second part of a trial (the first part was in February 2021), of a five-years of litigation, it is a welcome respite to write an article. However, there is no rest for the “weary.” I have a parentage and custody hearing set this month at Lamoreaux Justice Center in Orange County…

I am working on a case right now with a client to resolve two cases with significant “nonwelfare” and “welfare” arrears. It is a multi-jurisidictional case with one being in Northern California. Both cases are being enforced by the County of Los Angeles Department of Child Support Services (DCSS). My client was not aware that…

I had a three-day domestic violence restraining order trial with Judge Dianna Gould-Saltman on November 2020, involving a mother and child (my clients) to request that a restraining order be in place permanently. So, when I read portions of her ruling on August 19, 2021, terminating the temporary restraining order, against the Dodgers pitcher Trevor…

If you are an unmarried mother, we are assuming: You have never married the father of your child; You were not married to someone else when your child was born; Paternity was not established by you both signing an Acknowledgement of Paternity (AOP) form or through a court-ordered DNA test; and There is no court order that…

I am preparing for my third family law trial during this pandemic, so writing my articles had to be “paused.” But this issue is something I have never written about, and it is something that affect those that have a hard time “kicking” out a spouse from the home. The California Family Code allows courts…

Department of Child Support Services (DCSS) in Los Angeles County moved from Central Civil West to Stanley Mosk Courthouse so expect a learning curve for all involved. But the same work of establishing and enforcing child support orders, spousal support (in some instances) and arrears collection will remain. Notwithstanding the interest rates being at historically…

California’s AB 1950 amends the California State Penal Code to limit adult probation to a maximum of one year for misdemeanor offenses and two years for felony offenses. Before the change in the law, misdemeanor probation was typically three years and felony probation from three to five years. What is Probation and How Long Does…

The United States Department of Justice enforces federal hate crimes laws that cover certain crimes committed on the basis of race, color, religion, national origin, sexual orientation, gender, gender identity, or disability. The Department of Justice began prosecuting federal hate crimes cases after the enactment of the Civil Rights Act of 1968. The information below…

I just finished a virtual trial on Monday, March 1, 2021. It was set for ten days with a bifurcated issue going first. The bifurcated portion was scheduled for three days, it lasted six days and I had two attorneys on the opposing side to contend with. The legal issue was complex, and the facts…

It is important to understand that when people live together, whether or not they are married, a “confidential relationship” arises between them. For married persons this relationship arises from a legally recognized nature of matrimony. For unmarried persons, certain important legal obligations are present but may be of lesser value. Nonetheless, due to the trust…