In making a child custody order between parents, the court must also grant the other (noncustodial parent) “reasonable visitation rights” unless it is shown that visitation would be “detrimental to the best interest of the child” [CA. Family Code (FC) § 3100(a)] Because of the importance placed on “frequent and continuing contact” with both parents,…
To hold a person in contempt, the order must be in writing and must also be definitive; otherwise it lacks the certainty required to punish through a proceeding regarded as criminal or quasi criminal. What is “contempt of court?” When a party is ordered to do something and fails to do it, the other party…
The U.S. Supreme court decided the question whether law enforcement officers can search a cell phones without a warrant after an arrest, as they can with address books and wallets? I wrote an article about this case and here is a brief synopsis of the facts of the case. On January 21, 2014, The U.S….
In making a child custody order between parents, the court must also grant the other (noncustodial parent) “reasonable visitation rights” unless it is shown that visitation would be “detrimental to the best interest of the child” [CA. Family Code (FC) § 3100(a)] Because of the importance placed on “frequent and continuing contact” with both parents,…
It is a crime when you take or conceal a child and maliciously deprive another person of his/her right to custody or right to visit that child. In California, Penal Code (PC) Section 278.5 is the controlling law. This offense may be charged as either a misdemeanor or a felony, in the latter case subjecting…
There are many types of abuse, and a family law court shall take all of them in consideration. 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…
With Memorial weekend and the summer travel season upon us, it is important that you know your rights if you are stopped for a DUI (Driving under the Influence of Alcohol or Drugs or both) investigation. An individual faces 2 separate proceedings—a criminal case and a Department of Motor Vehicle (DMV) administrative proceeding. The criminal…
If you are stopped for driving under the influence of alcohol, drugs or both and you injure another person, you will face a charge of “DUI with injury.” This is a charge that could be filed as a felony or a misdemeanor depending on certain factors such as, your criminal history, the seriousness of the…
If you are involved in a criminal case and held in custody, immediately call an attorney. I just had a client this morning call me about her husband being involved in a hit and run case and my first priority was to get him out of jail. Immediately thereafter, I call my bail bondsman and…
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…
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…
On January 21, 2014, The U.S. Supreme Court heard oral arguments in Navarette v. California to decide the following issue: “Does the Fourth Amendment (right against unreasonable search and seizure), require an officer who receives an anonymous tip regarding a drunk or reckless driver to corroborate dangerous driving before stopping the vehicle?” This California case…
The primary purpose of the contempt power is to preserve the effectiveness and sustain the power of the courts. The secondary purpose is to protect and enforce the parties’ rights by compelling obedience to court orders and judgments. Examples of this would be failure to appear when subpoenaed, screaming profanities in court, and failure to…
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…
When someone calls the police, there will likely be an incident report and an arrest can occur. The public is always afforded the right to call the police. 911 is a service meant for emergencies. It should be reserved for reporting a crime in progress, situations in which imminent danger to human life or other…
There are many types of abuse, and a family law court shall take all of them in consideration. 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…
If you are required to register as a sex offender with your local law enforcement agency, the agency will forward your information to the California Department of Justice (DOJ). The Sex Offender Tracking Program at the DOJ maintains California’s list of registered sex offenders. This information is generally available to the public on DOJ’s “Megan’s…
If you have been accused of a sex crime in California and convicted of the following offenses, you are subject to Penal Code (PC) 290 sex registration. Most acts involving rape (PC 261), sexual battery (PC 23.4), acts involving minors, such as lewd acts with a minor (PC 288), child pornography (PC 311), contributing to…
Like most questions relating to California Penal Code (PC) § 290 registration as a sex offender, this answer depends on the exact offense of which you were convicted. There are actually a few options for clearing your sex offender status. The first would be to have your case dismissed after successfully completing your probation. This…
As the New Year approaches, a new beginning is possible. In these times of high unemployment, stiffer competition and stricter rules in hiring, make sure your criminal record is “fixed.” I had a client recently come in to my office who had completed her nursing credentials but was denied her license by the board due…