Mountain Flowers

Mountain Flowers

Wednesday, February 7, 2018

Family Violence Appellate Project-- CA DV Survivor and Out of State Abusers


October 30, 2017The appellate court granted  publication request in the case of Hogue v. Hogue, making the decision binding legal precedent in trial courts statewide.


  California victims of domestic cyber abuse will now be able to get restraining orders against out-of-state abusers. The new published appellate opinion is binding statewide legal precedent that can be cited in any CA trial court case where the abuse survivor wants to obtain a restraining order against someone who committed an act of domestic abuse from another state, (i.e. cyber harassment or electronic abuse) as long as the survivor was in California at the time of abuse.


 The universal pervasiveness of social media has made it exponentially easier for ex partners to commit domestic abuse, cyber harassment, and other forms of online predatory behavior across state lines. This new ruling in effect extends the intention of California’s Domestic Violence Prevention Act to include modern electronic communications from out-of-state parties.





Saturday, January 20, 2018

When Parents Fail to Follow Court Orders

It is very common for parents to not follow court orders, especially when it comes to
visitation issues, and money issues.   When orders are not followed, it ends up costing
parents time, money, and turmoil.

Issues involving drugs, violence, fake reports to police, making up lies, and issues we see
on Jerry Springer are pretty common. However, this results in the client having to do a number
of things for example....

Having to draft and file a noticed motion for hearing with attachments
Having to possibly pay a filing fee, and fees to attorney
Having to take time off of work to sit in court and wait for your turn
Having to possibly interact with the ex partner
Becoming involved in mediation, which often doesn't work so well
Having to attend court again because the mediation didn't work out well
Having to attend a long cause hearing or trial because the mediation was
      way off base, you didn't get what you wanted, or someone lied and
      the mediator didn't believe you?

Part of family law issues is learning that even if you do follow the rules for parenting,
you still may encounter issues because of the other parent. This is a legendary process
in family law that will likely never change. It's usually not pleasant, and it isn't free, so
no one really likes it 100%.

Image result for mud wrestling pigs attorneys like it

Thursday, January 18, 2018

Bankruptcy and Divorce Proceedings

Since bankruptcy is federal law, the main differences for cases would involve the state laws likely tied to exemptions, the amounts, and the ability to file without jeopardizing the community division in California.  Also some civil law issues may come into play in divorces.



Since not all family law attorneys have practiced bankruptcy, it should be known that bankruptcy is considered not only legally complex, but technically as well.  It rivals the USA Tax Code, and it is routinely changing as well. Debt can be categorized as secured, unsecured or partially one or the other, and a means test is required at the outset just to see if one is qualified to file at all, in theory.
If the hurdle is passed, there are many other considerations, such as the dates of payments, property actually owned or not owned, and countless other questions.  The typical paperwork in a Chapter 7 liquidation is now running about 100 pages (the same filing documents are used, with possible additions, depending on circumstances.)  A Chapter 13 case (repayment plan) may be something that is filed after a Chapter 7 is completed, or it can be filed alone, depending on the debtor's circumstances.  In some instances a Chapter 13 may be the only viable thing available to save a property from foreclosure.

Attorney has first hand knowledge of these scenarios within divorce litigation, including the law and motion hearings in federal court.  Some spouses misuse or attempt to misuse the process to get out of paying support. Rest assured, all support is considered a priority debt and will not be affected adversely unless there is wrongdoing by the non filing party. In fact, attorney fees spent for spousal support in bankruptcy should be claimed in the divorce.  There are so many situations that can either affect, conflict, or ruin a bankruptcy filing that listing them here would not be prudent.  However, the fact that parties in a divorce may face bankruptcy filing while in the divorce, is somewhat dangerous.

All bankruptcy filings are normally public record. The location makes no difference if it is in the USA for the most part. You can access PACER online if you sign up for an account and it is free but you must pay for the copies you make, normally quarterly. If a spouse finds that their other half has filed bankruptcy without notifying them, they should inform their attorney immediately. Attorney has seen a case where the wife racked up over $100,000 of unsecured debt without the husband knowing it; then when he found out, the community property house was stuck in the Chapter 13 they filed.

Further, the wife left the husband and not only kept the house, she got rid of all the debt and likely kept her pension, and she earned about 3 times what he earned yearly.   Attorney refused to settle the case on the unbelievable grounds just stated,  but the husband cracked under pressure and succumbed to family pressure-- but only after attorney forced client to terminate her as attorney.  Attorney does not knowingly allow clients to lose most of their savings, the house, and credit, simply because someone can get away with it.
That was one of the worst cases ever seen, there was no even division of property or anything else actually. The husband just walked away with very little, and had no problem for another attorney helping him draft the deal. Attorney finds such an uneven split (while under emotional upheaval) to be both wrong, and rather oppressive, and would never agree to help a client execute something like that. 

Saturday, November 25, 2017

What Not to Do in Court or at Hearings and Trial

1. Don't roll your eyes, or make faces or start talking out of turn. If you are on the stand as a witness, answer the question keeping in mind the process your attorney explained to you beforehand. Blurting out harmful things can ruin a case. 
2. Don't  keep referring to your child as “my” son or “my” daughter. It usually takes two to make a child, and possibly one to wreck the child.
3. Do not hide embarrassing or foolish acts that the other side will use against you, whether it's on Facebook, Internet, or spouse's friends know already..tell attorney beforehand, just in case..

4. Don’t bring your entire extended family and ten of your closest friends to your divorce hearing. This is not a circus!  (Circuses are fading since animal activists want no animals to perform, not even in movies or rodeos!)
5. Don’t wear inappropriate clothing such as see-thru blouses, short skirts,nightclub wear, low cut blouse or shirt, sandals or flip flops, Ugg boots, beachwear, dresses that belong at a party, big over the top jewelry, super heavy eye makeup or glitter, neon colors, super spiked party heels, bra straps showing through shirt or tank tops, super ratted hair that makes you look like TV girls, pink, green or blue hair, or rainbow hair (dyed or woven in), ripped jeans,or weirdo outfits that anyone knows is not kosher for courtrooms! Conservative clothing/colors are safe. If in doubt ask your attorney.  It's safer to look like a conservative Mom from the 1950's if need be. Just don't wear the 1950's costume or Judge will think you are on drugs.
  NO, NO, NO!!!!
NO, NO, NO...!!!

6. Do not make up crap that never happened or that you never told your attorney and expect your attorney to defend it?  E.V.E.R. Tell your attorney ahead of time!!
7. Don’t show hostility or open anger at opposing counsel. Ignore him or her; if necessary, write small note to your own attorney if it's a lie you're mad about. Opposing counsel already knows you hate him or her.
8. Don’t have your cell phone "ON". Ever!
9. In a child custody/or visitation issue , don’t keep talking about “your” needs and “your” desires. You will appear overly selfish and controlling. Even if you are selfish and controlling, you don't have to tell others!
10. Don’t tell long stories, or mention long incidents that are not at issue. If you have such a long issue, attorney must know ahead of time to gauge how long trial will take.
11. Preferably, do not wear colors that are known colors for certain gangs in your area. Ask your friends if you do not know what this means. We tend to see this issue in the juvenile courts but not always.
PS-- even if you don't HAVE an attorney, all of these above will apply. If you have some common sense and are not on drugs which are mind altering, and you are not on disability, most people can follow the above advice.
If all else fails, at least read what this guy wrote..it makes sense and it might just bring you down to earth... https://markmanson.net/stupid-things  Attorney herein actually thinks that it would help people in general --if they thought long enough to try it out.  Social media can be damaging to children. That has already been proven.

Friday, November 3, 2017

Do You Want to Win Your Case? Should You Hire a Litigator? Do You Care?

What Type of Attorney do You Really Need? Do You Want to Win? You Don't Care?

Do you have a case where you want to win, or need to win your case?
Do you have the winning facts?  Do you know what law would or would not support your position? Do you want or need an actual litigator for your case?






Hiring an advocate (attorney litigator) is not the same as hiring collaborative attorneys. Also, mediating* a case with only one attorney means ...The mediator helps people talk the issues through, supposedly helping to "settle" the dispute themselves. In this attorney's opinion, it would not be recommended in most cases, because typically the overbearing spouse simply bulldozes the other spouse.

*[Mediation for visitation is not the same thing as mediation of an entire divorce case. Mediation for visitation/custody is required by law when there is no agreement.]


There are many pitfalls that can arise in divorce; many of them involve financial transactions that one spouse had no knowledge of; assets that one spouse did not know about; children that were conceived outside the marriage and spouse never knew other spouse was paying; secret business dealings that was predicated on all cash; illegal actions by one spouse implicating the other spouse who had no knowledge; large debts racked up by one spouse, without the other spouse even knowing such debt existed; one spouse signing the other spouse's name for a credit card, then ruining the other spouse's credit.... NONE of these things, in this attorney's opinion, should be addressed in either mediation or collaborative law scenario.
That is because there was a huge breach of fiduciary duty that has serious consequences to the guilty spouse. That should be done in court since the guilty spouse should have to pay for wrongdoing. (Of course if you are too afraid because your spouse might try and kill you then you better go get help right away.)
                                           


Especially if you have issues in the 3 lines below, which happened BEFORE the case finalized---- you should never hire anyone except an advocate litigator. Aggressive at that. Plus, there are huge time barriers to trying to set aside any of this!

Fraud, Duress
Mistake, Coercion,
Failure to Exchange Declarations (Assets Debts)
We live in a society where people often want what they want, and when clients hire attorneys to get something done, especially in family law, it's often because one SIDE tried to take advantage of the other side.  If you have a family law case where both of you AGREE on everything then of course you don't really need an attorney, except perhaps to create a settlement agreement.

HOWEVER, the vast majority of most divorces and break ups, is because the couple cannot agree on a lot of things, including (just an example....) post judgment orders.........

How to raise the kids-- too lenient?  too strict?
How to spend income from employment or inheritance
How to train kids  to have moral values
How to get along with other family members that don't live with you
How to avoid too much tv, too much bad influence, too much Facebook?
What to do with a lazy spouse that refuses to help out--with anything?
What to do with spouse that is either dangerous, aggressive, drinks too much
How to get out of supervised visits?? You have an ex spouse also?
Spouse drinks, smokes, gambles, does drugs, shops too much? Hoarding?
Spouse AND kids do nothing but stay on Facebook and phone 24/7??
Your kids are not only lazy, they are spoiled rotten and you blame the spouse?
Your spouse is bipolar and can't be controlled?


Of all the problems attorney has seen over several decades, the problems around children tend to generate the worst issues, followed by physical harm, financial issues, and alcohol or drug use.

And remarkably, attorney has seen clients REFUSE to take what he/she is entitled to, and then SETTLE a case by using an attorney who ONLY settles cases--- in other words, the attorney is not a litigator. That is absurd.  

If you are entitled to something, why would you pay someone to settle a case when you could have settled it without help????   Collaborative law and mediation means if you don't settle the case using whomever you hired, those attorneys cannot represent you in court anyway.

You THEN have to hire new attorneys!!   While mediation and collaborative may be good for some cases (which means you are settling case by paying people to settle it without court)-- it is essentially negotiation. Judges are not involved. If you work something out and then don't like it later--- what you have is a problem.
              Some of the down sides of  collaborative law (which includes hiring people like accountants and other experts) and makes it costly:

The Expense; Impact of termination and cost of new counsel; No advocacy for one or both parties; directed conversation between parties, power imbalances, difficult issues might remain secret (such as domestic violence, addictions, drugs, gambling, infidelities,etc.); Possible inadequate information collection, potentially less support for views of children.
Basically, in mediation there is no advocate for YOU.  In collaborative law, BOTH sides work on issues, but NO ONE is an advocate for YOUR side.  The collaborative view is to work out issues, not really take sides as an advocate----a true advocate is there to represent YOU, not the spouse.

This is part of the reason that most people in a divorce WANT an advocate, and need a litigator --- because they are being taken advantage of, steamrolled, or being misled or manipulated.

Chico Family Law Lawyers - Justia

https://www.justia.com/lawyers/family-law/california/chico



Claimed Lawyer ProfileSocial Media. Mr. Maria Amaya. Chico, CA Family Law Lawyer. Geoff A.Dulebohn, Esq. Chico, CA Family Law Attorney. Carolyn J. Chan. Chico, CA Family Law Attorney.Michael Odowd Hays. Chico, CA Family Law Lawyer. Norman Jenkins Ryker IIIValerie Ann Miller.David Mikel Howard.

Chico , California Divorce Lawyers - Justia

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Compare 17 divorce attorneys serving ChicoCalifornia on Justia. Comprehensive profiles including fees, education, jurisdictions, awards, publications and ...

Chico Child Custody Lawyers - Local Attorneys & Law Firms in Chico ...

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Results 1 - 20 of 100 - Family Law Lawyers Serving Butte County, CA (Chico) · Law Firm Profile. Free Consultation. Sample Image. Law Office of Ronald A. Lange.

Butte County Family Law Attorney | California Divorce Lawyer

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At our ChicoCalifornia, law office you can get the effective representation you need and the sense of urgency you deserve. Family law and divorce attorney ...

Melissa A. Atteberry Law Offices: Family Law | Chico, CA

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For all family law matters, from prenuptial agreements to divorce, the team at Melissa A. Atteberry Law Office in ChicoCalifornia, offers professional ... Having an experienced and compassionateattorney on your side is a smart move, whether ...

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Chico Family Law Attorney Christina Lapointe handles all Divorce, Child ... I passed the CaliforniaBar exam on my first attempt, and since that time I have ...