Attorney C. Chan, Esq. Affordable Family Law,Strategy-Driven, 4.7/5 Ratings! Free Consultation, Butte county Family Law Attorney C. Chan 530.359-8810

Tuesday, October 31, 2017

Hand Forged Gift Given to Attorney--Hammer Time !!

It's really true, attorney received a gift by a well-known blacksmith!!   In appreciation  for attorney's help, over the holiday attorney got a really cool new tool for her toolbox!!




The Hammer Man

You’ll never look at hammers the same way again after seeing Brent Bailey make them the old-fashioned way.





In a recent issue of Tools of the Trade Jeff Kolle wrote a story about Brent Bailey, a blacksmith who claims to have made close to 17,000 hammers at his forge in Orland, California. The videos below show Bailey in action.
The first was shot at his forge in Orland, and shows how the hole (eye) for the handle is made. He could have used a power hammer to drive the slitting chisel through the piece of steel that will become the head but instead he does it by hand.
https://youtu.be/1AhCjiGWNMo  (video showing the handwork process)                                             https://youtu.be/1NIG7k50OW0

Monday, October 30, 2017

Has the Other Parent Stolen Your Kids?

The Parentage Act (2017 draft below)

If you are a recent arrival in this state, or if you never established jurisdiction properly, or if your partner has attempted to establish jurisdiction improperly and never notified you, or any combination of these factors (including being state residents but never having been married)-- then you will likely need to file a Parentage action to establish jurisdiction for your case involving your children.




http://www.uniformlaws.org/shared/docs/parentage/2016AM_AmendedParentage_Draft.pdf
and the Parental Kidnapping Prevention Act work together to help ensure parents don't run off with the kids...it used to be that parents could get away with this, but these days, it's harder to do.

http://www.uniformlaws.org/ActSummary.aspx?title=Child%20Custody%20Jurisdiction%20and%20Enforcement%20Act



If you are just arriving in California, or have just moved from California to another state, the same law will apply to the case, in tandem with the state law (of whichever state you went to...)

Attorney has had recently, four Parentage Act cases, with 3 of them being from other states, and one still here but the parent with custody moved to another state. These cases can be more difficult to do because sometimes attorney is faced with facts from another state making decisions that don't seem too well grounded.

  Also, attorney is seeing cases where multiple cases are filed in different states by family members who don't have custody, and then this makes it more expensive (even if they really have no grounds...)

Also if the parent that has custody of the child or children keeps moving around and doesn't update the District Attorney re the whereabouts of the other parent, and the DA doesn't adequately notify the noncustodial parent, we can see a big problem with support falling behind.

Attorney has successfully worked on two cases recently where the other parent wisked the kid away to another state and in another case, to another county. Fast action must be taken upon realization that you have NO marriage/NO court order--you need to file ASAP. In some cases a domestic order is proper if there has been violence--waiting too long will hinder your rights.
If you need help in Butte County, you can also contact the Child Abduction Unit in Oroville, CA.

And If you have such a case and need help, contact attorney C. Chan today! 530.359.8810


Saturday, October 28, 2017

Charged with a Domestic Violence Restraining Order?

Being charged with a domestic violence restraining order is a serious issue since it's possible that the District Attorney will file charges against you. Even if the DA doesn't file charges against you, once a DV restraining order is filed, it is nearly impossible to have it removed and it may affect your ability to gain employment in some cases. Attorney is aware that false DV orders are filed, but all of them must be defended properly; unfortunately, not all attorneys are able to defend such cases.

To see some of the videos attorney believes are relevant to the defense of the charges, see https://candhattorneysnorcal.blogspot.com/ (which has information about attorney herein and attorney Craig Henderson from Chico), plus the videos are right on the first page.  Some good points are made by each attorney on each video-- these are attorneys we do not know personally, but the content is good.



Remember, under FC 3044 a person who has had a DV restraining order filed against him or her, and the restraining order is upheld within the previous five years--there is a rebuttable presumption that an award of  (a) sole or joint physical- OR- (b) legal custody of a child,  is detrimental to the best interest of the child....therefore,  that would mean that the party affected might not even get shared custody. The presumption may only be rebutted by a preponderance of the evidence. (superiority in weight of the evidence that is more convincing, and will be more than 50% of  all the evidence)

If you have had a DV restraining order filed against you, and you wish to gain custody or visitation of children, you have an uphill battle against you. Attorney recommends that you find an attorney who knows both family law and criminal law since the defense of the DV really does depend on how badly your case proceeds (if you are criminally charged and arrested) and how the district Attorney feels about prosecuting your case.

Attorney herein does practice family law and criminal law, and has done cases at all of the courthouses shown on the right side column of this site [plus other ones not shown]... so feel free to contact if you need help.

Thursday, October 5, 2017

Atty C. Chan Agrees DV Issue Defense..Some Fake Cases do Get Filed!


HAS A DV TRO BEEN FILED AGAINST YOU...OR 
HAVE YOU BEEN CHARGED WITH DOMESTIC VIOLENCE 
AND YOU NEED TO KEEP YOUR JOB??
LOOK AT THIS VIDEO !!


CALL ATTORNEY CHAN (LOCALLY) IF YOU NEED
HELP IN DEFENSE OF YOUR CASE!

Attorney is well versed in how trumped up cases are filed....
Unfortunately, these DV TROs used to be routinely granted without
adequate proof. A DV TRO can be issued even if you are not
criminally charged, and that DV TRO if not contested, can
ruin your employment chances in the future. It will also
ruin your chances of being the custodial parent. 

530.359.8810

                                         Video below is a San Diego attorney who is correct 
                                     concerning DV criminal DV TROs and criminal charges
                                                         

                                                              


ATTORNEY CAN CAN ALSO HANDLE

 THE HEARINGS/TRIALS FOR THOSE
 WHO ARE BRINGING SUCH

 CHARGES VALIDLY AGAINST
ANOTHER PERSON






Tuesday, September 12, 2017

Did You Post Too Much Online + Now Are Paying for It?

Find out how all that social media you are using might not be helping you?


http://www.jdsupra.com/legalnews/protecting-your-privacy-online-is-60687/

The Internet can be a great tool, but being careful with your data, photos and social media is common sense.  We have won cases because of social media, so if you have way too much overage in that
department, we suggest you read the link above to protect your privacy.

If it's too late for that, then call attorney for damage control.  Especially if it's within a family law case, this type of conduct (if it involves wrongdoing which may affect kids) can be the data that sinks you.


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

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Results 1 - 20 of 100 - Find your Chico, CA Child Custody Attorney or Law Firm. ... The legal issues surrounding a changing family dynamic can be stressful.

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Chico Lawyers handle all Criminal and DUI, Personal Injury and Wrongful Death, Divorce and Child Custody cases, Free Consultations, Call Today ...

Butte County Family Law Attorney | California Divorce Lawyer

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

Tuesday, September 5, 2017

Attorney Helps Bring Kids Back Out of Hiding!!

This case is not attorney's case, but it is quite involved, and the affected parent was struggling with
multiple counties (and orders), CPS, errant claims by other parent (all unjustified) and attorney herein got first hand account of the facts by the actual client/her attorney.  While the errant parent (in yet a different county)-- is likely guilty of contempt--- that process takes a long time, and the offending party is appointed an attorney if he/she cannot afford one, since contempt is quasi-criminal.

Attorney herein was present when judge told offending party the rules for being appointed an attorney.  In meantime, attorney herein helped the client's attorney to devise a concise but correct summary of what was required to get an order for RETURN of the children with police assistance.

The order requested was to get return of the kids ASAP with police assist. That order was granted, PLUS, judge also ordered that the offending party have NO VISITATION!!  Not even supervised!!!

....on 9/7/17, the Father produced the kids back to Butte County-- as predicted by attorney herein.




As we know, an errant parent can listen to others who may steer the parent incorrectly.  However, when the offending parent goes out on a limb and makes ridiculous choices (hiding kids, pulling kids out of school, moving kids to unknown locations, lying about the whereabouts, using fake addresses, trying to alter the appearance of the kids, medicating kids so they can't talk to other parent,etc.) then we know that this type of behavior is not only WRONG --but it amounts to parental alienation, purposely done, so that the kids believe they are helping the offending parent-- because it's right??!!

Manipulation of the legal system and using kids as pawns to achieve a parent's goals (as bad as those goals might be)-- will likely never amount to something that is right.  It is nearly impossible to do something wrong to achieve something that is right in Family law-- although attorney has seen many years of people using this tactic.

As trial attorney, attorney herein has seen many, many civil actions go sideways; many family law cases go sideways because some attorneys actually do things which are pointless (but attorney gets paid to do it)...or even useless?  In this case, the client's attorney was doing the right thing and just needed to make sure the judge would understand the pervasive nature of the offending party's actions---because we all know judges are very very busy, and ex parte orders must be concise and to the point.  It is true, there is an art to being persuasive in writing, and in speaking for sure.  Over time, an attorney can improve his or her skills, especially in the speaking area, since judge might read your documents, but not understand what you want.  However if you work on the written wording so that your words jump from the page, it will just be that much easier for judge to give you what you are asking for?

 We always can't have the winning case, but as defense counsel-- we should be able to circumvent most objections. If not, then we better make sure we have a plan which foresees the obstacles, and devise how to get around them. This requires a strategy.  It takes time.

Attorney herein always has a strategy.  Losing is never part of that plan. It helps if you really know your case and what you are doing.

Call attorney today if you are not winning your case!  530 359 8810.

Sunday, September 3, 2017

123

http://buttecountyfamilylawlawyer.blogspot.com/

https://familylawchicoattorneycchan.blog/blog/

https://wordpress.com/view/gotigerlegal.wordpress.com

Family Law Attorney Chico C. Chan
Family law attorney in Chico, California

Address2485 Notre Dame Blvd #370, Chico, CA 95928
Hours
Closed ⋅ Opens 9AM

Family Law Attorney Chico C. Chan
Family Law Attorney Chico C. Chan
on Google


Winning a Trial on Trial day, when You were Never Informed it was an ACTUAL trial, but only a MOTION? Hard to believe, it happened and attorney did WIN! Cross X…
4 days ago

Friday, September 1, 2017

Attorney Working on Dispute for client with Platinum Albums


It's true, former metal band Great White has now morphed into 2 separate bands-- Great White and Jack Russell's Great White.  After federal lawsuit ended in 2013 via settlement,  there is still controversy over the tragic fire from 2003, but both groups have been busy with touring... attorney may also assist in the planned upcoming new tell all involving original singer Jack Russell's life.
As would be expected, PTSD from the fire incident wreaked havoc for many, and those scars will likely remain for many of those affected.  For those that have suffered, we encourage understanding of what life brings, which is often something we do not care for at the time.

As in family law-- we often see the worst emotional rollercoaster situations which test our human endurance limits. Many attorneys dislike family law in its entirety due to the negativity associated with the emotional terrain; it is very true, the high conflict nature of family law is certainly not for everyone. But on the flip side, if parental alienation is held to a minimum, the children that reap the benefits of your work slowly but surely build up a positive subconscious attribute for the attorney.  If you don't understand this, you likely do not practice family law.

https://youtu.be/uaWTKVqam1k


1987Once Bitten...
  • Release: June 17, 1987
  • Label: Capitol
  • Formats: CDLP
2391Platinum (RIAA)[5]
Gold (CRIA)[6]
1989...Twice Shy
  • Release: April 12, 1989
  • Label: Capitol
  • Formats: CDLP
9222× Platinum (RIAA)
2× Platinum (CRIA)
1991Hooked
  • Release: February 26, 1991
  • Label: Capitol
  • Formats: CDLP
1827543Gold (RIAA)
Gold (CRIA)
Attorney has worked on diverse civil, family and criminal law cases, and on cases in the media (mostly animal law cases), a dispute in an entertainment law setting is different, but still
just involves looking at disputes. While entertainment law doesn't usually involve family law
issues, the fact is that disputes between agents, managers and parties or families is just more of
the same-- usually some fighting! 

Wednesday, August 30, 2017

Don't Let Facebook Wreck Your Case!

 In family law cases, Facebook is the primary platform which usually produces evidence of inappropriate conduct.  Mostly because people can't shut up about their bad antics?

Since Facebook likely isn't going to go away anytime soon, parents should carefully consider what they put on Facebook. Facebook is so pervasive there are even laws and published case law involving the use of social media, particularly Facebook and Yelp. Attorney has seen Judges ream a client due to bad Facebook behavior.  Adults should not even need to be instructed re Facebook, but apparently it has become necessary. Kids have all time high rates of depression in part due to the over use of electronic media, see https://www.theatlantic.com/magazine/archive/2017/09/has-the-smartphone-destroyed-a-generation/534198/

Facebook and Yelp will fight to the end to allow people to say anything they want.  This is a little concerning because parents may believe that just because they put stuff on Facebook, it means nothing.  This is incorrect. Free speech, arguing, and denigrating others online is par for the course. But when it comes to Family Law-- people seem oblivious to the ramifications. Personally we don't even believe in using Facebook at all.

But in Family Law--- attorney always tells clients---get everything you can on Facebook [against the offending party]  if it's relevant to what's going on, because the court will have to at least look at it to get an idea of that party/or your mindset; however judges don't actually like Facebook that much, because it normally causes problems. Remember that the Jerry Springer show was based on sensationalism and hyped up scenarios--- and Family Law is not far behind. Beware that your past Facebook postings can come back to haunt you.  As an example you can see below, that laws are often related to the use of social media:


A federal appeals court in Miami held that a "judge" needn't necessarily recuse herself from a case being argued by an attorney with whom the judge is merely Facebook "friends."  (The clear implication here would be that the judge is friends with one of the attorneys..)

The commonwealth Court of Pennsylvania held that an unemployment benefits board acted appropriately when it releid in part, on an applicant's Facebook post to determine that the applicant was not entitled to benefits.
A Texas law makes cyberbullying punishable by as much as a year in jail and/or a fine of up to $4,000.

........and even WORSE--- according to Harvard Business review, Facebook makes you feel worse if you use it more!!!!  https://hbr.org/2017/04/a-new-more-rigorous-study-confirms-the-more-you-use-facebook-the-worse-you-feel


Thursday, August 24, 2017

Another Win for Client!! Wrongful Moving of Child to Another State

Another WIN for a former pro se client!!!    


Attorney helped pro se client Sean S. after the former girlfriend (mother of child) actually physically took the minor child from California, to another state, despite fact that client had already established jurisdiction (UCCJEA) in California, by having filed the proper documents.

When he attempted to serve her, the mother had already left the state, but we were unsure of it. Later, the mother tried to claim she had established jurisdiction in the other state, which was virtually impossible due to the short time that had elapsed. [the subject of jurisdiction is different for parentage actions vs divorce actions, so do not assume anything and make sure you know the correct law for the case that you have..]

Subsequently, attorney helped client (still pro se) contact the child abduction unit and he went to SHARP to get the correct papers lodged and then served.  It did take almost 2 months, BUT in the end, the mother was served personally in the other state successfully!


We then appeared in Court recently, and requested an Order for the mother to immediately return the child to California,  our Request was granted, Judge issued an order, and a court date right after Labor day 2017 was set. If the mother does not appear, then the abduction unit will contact the proper authorities and ensure return of the child.  
---->UPDATE: Judge ordered that the minor child must remain in California, that California had jurisdiction, and client was given visitation pending full mediation.
--------------------------------------------
If YOU have a parentage case, do not wait around before filing your documents.  Especially if there is a possibility of abduction, or flight from the Country (such as going to Mexico and never coming back)--- you are taking a huge risk by failing to file and serve your documents ASAP.

“Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result.”

Sunday, July 9, 2017

DIVORCE, FACEBOOK, AND WHY YOU COULD BE IN TROUBLE...

Probably unknown to most divorce litigants, just about all savvy family law attorneys understand the ramifications of Facebook as evidence. Posting online to Facebook prior to divorce, during divorce and after the Petition has been filed, can all be used as evidence if it is relevant to the case. 

As was seen in a non divorce case in Massachusetts, where a girl used her cell phone to text and tell her sorta-kinda-boyfriend that he should get back in the car when he was trying to commit suicide, and he did, and he died--this should be a rude awakening for the dummy dum-dums out there, that continue to use their phones, texts and Facebook (just to mention a few)--- during problematic times. The girl was convicted of  wanton and reckless criminal behavior:

Teen girl who texted boyfriend to kill himself guilty of manslaughter

Michelle Carter responsible for beau's suicide, decides court    Kieren McCarthy in San Francisco 
..
......The two then spoke by phone, and Roy went through with his plan, dying of carbon monoxide poisoning on July 12, 2014. Carter later texted a friend and told her she was "talking on the phone with him when he killed himself ... I heard him die."

Carter waived her right to a jury trial, meaning that the verdict was delivered by Massachusetts Judge Lawrence Moniz. He found her guilty, calling her actions "wanton and reckless conduct" and noted that she had caused his death "by instructing Mr Roy to get back in the truck" – something that she knew would result in "a high degree of likelihood that substantial harm would result."

The verdict is unusual – since Carter was not physically present when Roy killed himself – and represents a shift in recognition of the impact of modern cellphone technology.....



Even if recording someone in California is illegal (if you don't disclose it to them first)-- if something happens that is extremely bad, it is possible that the recording might be used for some purpose against whoever is charged with some unlawful action. As can be seen in this case above.....

Fact:  in nearly all cases which go to Court, attorneys realize certain things can be admitted over an objection. For example, one might object to a statement by one person which is then told by another person, but the first person (who made the statement) is not in the Courtroom--let's say it's a hearsay objection....In Family law, we do not see as many objections as in criminal and difficult civil litigation.  Nevertheless, those issues can come up, and those objections need to be lodged to preserve the record. Intent is often proven by conversations and actions, therefore any relevant conversation immediately needs to be examined for potential objections if such conversation is key to your case.

The bottom line is that in today's technology-oriented world, voice recognition devices, phones, and all electronic devices are fair game in evidence. Complicated discovery rules are being used and promulgated to address new electronic related issues.  So if you plan to shoot off your mouth these days, better be aware that all of it can and will come back to haunt you-- and especially in criminal cases and divorces.

Saturday, July 8, 2017

WHY YOU AREN'T GETTING RESULTS IN YOUR CASE?



Family law litigants are usually stressed out, unhappy, and are not pleased when Judge does not give them what they want, or ignores what they have said...........this is pretty much typical when cases first start for many people.   Family law cases involve huge amounts of emotional upheaval due to the family unit being disrupted, so this is not surprising.

In some cases, resorting to mediation (of the entire case) is used, but mediation of entire case means that neither client is personally represented. Instead, the parties agree and work out whatever it is that needs to be resolved.  The danger in this, is that usually only one attorney facilitates the mediation. 

And since legal advice to one party or the other is not given (because the mediator does not represent either party) the parties are basically just agreeing to do or not do whatever, on their own, unless they have actually hired separate attorneys to advise them.  If the judgment on the case is agreed upon in this fashion, sometimes the parties later realize they made a mistake or error in choosing whatever they chose at that time.  In fact, stipulated judgments on the record where both parties are represented in court, are usually not set aside unless there are some errant circumstances or exceptions.

This means difficulty in setting aside such a judgment, as the California Family Law Code has specific rules for setting aside orders/judgments; there are specific time limits and requirements; in addition the CA Civil Code/or CCP will or may affect it as well. 

Many issues are set to be heard at law/motion calendar (by a Request for Order motion)...there is not much time allotted for these hearings. Therefore, issues which are complicated usually cannot be resolved in such a short time; however, certain steps can be gained to set up the foundation for a winning strategy. Most of family law issues can be broken down into sections and tackled separately ahead of time via careful planning. Attorney herein is often inherits cases from other attorneys who have not made much progress in producing results.  

If you want/need results in your family case, call attorney of this blog at (530) 359 8810.