Mountain Flowers

Mountain Flowers

Thursday, August 16, 2018

The Biggest Compliment....

Tina Taylor
a day ago
I spent five years embroiled in a highly contentious divorce in which I lost everything. As well, I was attacked by my ex-husband during that divorce, leaving me disabled and unable to work. My attorney did nothing to address this violence and in fact colluded with the other parties counsel. Judicial misconduct also took place in this case.
Obviously, this has left me in a difficult situation both legally and financially. I've spent the better part of a year searching for legal help with no luck whatsoever......... until I called Ms. Chan. Although she is not able to take my case, do to the county where it took place, she actually talked with me.
Not only did she speak with me for more than a few minutes sharing useful information with me, she did so pleasantly, willingly and for no charge. If that wasn't already more than kind and generous, she phoned me a week later giving me the address of a website that has proved extremely helpful.
Ms. Chan's moral principles and ethics are admirable, refreshing, and deserving of respect! Additionally, I read about Ms. Chan's advocacy for animals in her bio and in my opinion, that earns her extra points as a responsible attorney and a fine human being

Attorney posts this above---because:

(a) it is true
(b) things like this situation are more common than people realize
(c) Lassen County is definitely corrupt

(d) attorney herein has experience in family law, civil cases, criminal defense, bankruptcy, animal law, and probably a little more.....and even if attorney does not know the answer (which happens at  times)-- attorney is always willing to try and find out the answer....
(e) attorney believes that all clients appreciate it when attorney treats them like people, just normal everyday people, with common courtesy

(f) attorney believes that many clients are not treated very well by many attorneys generally
(g)  attorney believes that law school does not prepare attorneys to handle people at all, and that many attorneys simply believe they are too high on the chain, and must talk down to people
(h)  attorney doesn't believe that winning is everything in all cases, but for many of the cases, it is crucial.

 Last but not least, attorney has been involved in animal law cases and related issues, and has what would be considered a very high degree of knowledge in animal law issues, including breed specific legislation, dangerous dogs, personal injuries involving dogs/animals, negligence involving animals, animal control/animals, seizures, illegal seizures, humane society groups, fraud by alleged "humane" non profits [good,bad,sued or fake],  lawsuits involving animal control/animals/owners, replevin or writ of possession, abandonment/fines, rescue animals/groups [bona fide/not] issues of rational basis/health/welfare/safety, improper application of the BCS method used to convict owners, constitutional law published cases on First Amendment involving animals; issues involving service animals, therapy and emotional assist animals, vet negligence, animal abuse (or claimed abuse), penalties for alleged abuse or convictions, and more.   

OMG Our 5 Star Reviews Vanished Online!!! Google Wants Us to Pay for Ads?

Google's entire format for businesses changed after they implemented their https deal's site was not even showing up, much less the reviews. However, all of attorney's factual reviews are all positive. 

But since attorney has previously been physically attacked inside a Federal Courthouse [during animal law litigation, go figure..] it is not surprising to find  attorney's site or personal data is the victim of hacking. It has already happened, so it's not really new.  

We just spent  7 hours making a new listing, etc.  Have never seen that happen before, but, since everything happens for a reason, attorney doesn't have time to overthink how it went down, since we have more sites up, but not every site has a separate business listing. 


Monday, August 13, 2018

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

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

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 ... › Child Custody › California

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

Top Family Law Lawyers in Butte County, CA | FindLaw › Family Law › California

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

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

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 CA. 95928 (530) 899-5100. Willows Location 333 N. Plumas Street ... The attorneys and staff of Henderson & Howard are here to assist you with many of ... whether it be helping you through a painfuldivorce or bankruptcy or leading you ...

Chico Family Law Attorney Christina LaPointe | Free Consultations

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 ...

Monday, July 9, 2018

New Alimony Law Affecting Payors in 2019--Are You Ready?

The Tax Cuts and Jobs Act (TCJA) eliminates the alimony DEDUCTION for the payor spouse as applied to divorce orders or modification orders executed on or after 1/1/19 if the modification states that the TCJA applies. POTENTIAL payors of alimony may want to obtain a divorce agreement or order before the end of the year.

Conversely, recipients of alimony may want to hold off until 2019 so that the alimony payments are non taxable.

Without the alimony deduction as to the payor's taxable income,  the payor would have a tax increase, therefore obtaining the order prior to the cut off will likely end up saving the payor some funds in many cases. It is suggested that contacting your tax consultant is a wise idea.

Thursday, June 28, 2018

Did You try and Do Your Spousal Support Hearing... by Yourself?

If you DID try to do this alone, and you had no idea how it would work, it would not be uncommon to find that people would not know what to do.  Many people believe they can outsmart the ex and devise all kinds of theories on how to get it done.  In attorney's experience, it usually does not work and will come back to haunt the person who did it.

Modification of spousal support is often a difficult issue because it can involve many factors. When the client has not adequately prepared for these, (and most clients haven't because they likely don't know what they are nor do they know what judges are likely to do), we have seen some clients get burned and not be able to recover.  For example, we have seen a case where the parties only were really married for four years but one party's attorney--the paying party's attorney--told the client she had to stick with 9 years, even though they didn't live together for 9 years. Actually, not living together is only part of the equation, as clients can be married and be separated physically. However if the relationship is broken down and one party simply pays the other party to survive, it could be argued that this was spousal support even if it wasn't ordered. If that could be true, then that paying party has been paying for years on that--there should be some credit for that, if the relationship was over and the parties dated others?

That's just one example. Surely there must be many more on this type of issue. Don't make a big mistake to save a few thousand and then get caught later for MANY thousands due to a mistake. A big one at that.

Wednesday, June 27, 2018

I Thought I was the Father...? Do Not Guess- Take Paternity Test!!

A Parentage action in California can be very complicated, especially if YOU wait too long to decide you might not actually be THE actual father -- of the alleged child?

As seen in news reports, drastic judgments of parentage with child support owed by the "father" in the $100,000's  or higher,  can take place where an alleged father either:

 (1) believes he is NOT the parent, but does nothing about it fast enough ..or
 (2) knows he is definitely the parent, never signs or admits to being the parent, and the mother asserts that some other guy is the actual parent, but within the statutory guideline time, he comes forward even though the other asserted guy did not come forward 
 (3) admits he's the parent, may sign or not sign that he is the parent, a hearing is set up and he is personally notified, but defaults and never bothers to show up 
 (4) believes he is not the parent, but never bothers to do the DNA testing, fails to find out what steps to take to challenge the paternity, and waits for years and years while some other guy thinks that "he" is the actual father--and then suddenly he gets a notice from child support that he owes 200k in back support? Because he isn't the actual father BUT because he didn't challenge the accusation of paternity, or took way too long to  challenge it,  ---  he became the father by default by failing to contest it?

If all of this sounds crazy, you're right. The system in the USA pretty much puts fathers on the hook and then expects them to challenge it if they believe they are not the actual father. However, if the claimed father is not properly notified of the hearing, his due process rights have not been preserved.  Proving this may take some work but if proven, actual notice must be given before any default can take place. Unfortunately if one was not notified, one doesn't realize that there is a problem until one is notified?  Some fathers who fail to act are held to have to pay, as indicated prior.

So, in any instance where there is ANY possible way that the child might, could, would or seemingly might be someone else's kid---demand the paternity test ASAP.  In fact attorney recommends in all cases that the father demand paternity testing just in case!

We have seen several example of this scenario.  

Example A:  Alleged Father truly believes 100% that he's the real father, but the mother tells him he is not the actual father.  Father obtains paternity test-- in fact, he is NOT the father, despite wanting to be the father!

Example B:  Father is certain he is the actual father and doesn't want to really take a paternity test.  
Mother does not say he is or isn't the actual father, and was not married to this guy.  Mother then marries another man suddenly and wants to take the kids away and move.  If the guy who thinks he is the actual father is NOT the actual father, but fails to either demand paternity testing or otherwise attempts to challenge that he is not the father, presumed father, or otherwise, or fails to try and adjudicate who is the actual father, guess what?  The non actual father might end up having to pay for the rest of his life as the 'father' when in fact, he might not be the father in reality.

Example C:  Father is absolutely certain he is not the father of child X and he has never even met the Mother of the unknown child.  In that case, the father was told to find the date he received the notice from DCSS where they claimed he was the father of child X. The man who was claimed to be the father of child X did not even know the female "mother"...after almost 5 months, the "mother' in the case told DCSS that the alleged father was NOT the father and even without testing, he was off the hook. We don't know if the mother found the actual father or not, but this just proves that one can be accused of BEING an actual, presumed, or other status father in California.

Example D:  The claimed "father" stated he was never notified of the hearing re whether or not he was the "father" to child X. 15 years later, DCSS sends him a notice that he owes $125k in arrears for child support. He was definitely attempting to challenge it.

It goes without saying--any man who may be or may not be the actual father should consult and listen to an attorney ASAP.  It is very foolish to pretend you are 100% sure you are the actual father when in fact, you might not be?  And as stated above, the father who believed 100% he WAS the actual father, was NOT the actual father.
So at least he saved himself a lifetime of back child support that was not his debt to begin with.

 Some women do not care who signs a child's birth certificate. Or in some instances, the mother doesn't know who the father is regardless?  (this link is by an attorney in New York, and of course the laws there are not the same as CA. However, it's a start just to realize that there are many pitfalls when you bury your head in the sand and then expect everything to just work out. In most cases it does not work out and you will regret it for the rest of your life.)
Throughout the 1990's California's child support program found itself under attack by parents, advocates and the media for its lackluster performance and automation failures (see below). In 1998, the Los Angeles Times ran an in-depth series documenting the failures of the child support program in Los Angeles County and across the state.     On January 26, 1999, the Assembly and Senate Judiciary Committees and the Assembly Human Services and Senate Heath and Human Services Committees held a joint hearing on the program entitled Reforming California's Child Support System: A Consensus for Action. [Note--attorney herein worked at one of largest data centers in the United States and had talked to one of the programmers involved with trying to fix the software. The first attempts failed, at a large cost, but the subsequent attempts apparently were more successful.]

The Dramatic 1999 Legislative Reforms: Following the landmark two house hearings reviewing the continuing inadequacies of the state's child support enforcement program, an unusual consensus for action arose, and in 1999 the Legislature spearheaded major structural reforms in the program by
 (1) transferring state responsibility from DSS to the newly created Department of Child Support Services (DCSS); (2) transferring local responsibility for the program from the district attorneys to local child support agencies (LCSAs) which, except for hiring decisions, were put under the control of DCSS; and (3) creating a complaint resolution and fair hearing process for resolving child support complaints.

Pursuant to the legislation, DCSS was required to develop uniform forms, policies and programs, and performance standards. If LCSAs failed to meet required performance standards, DCSS was to assist in program operations and management. In contrast to its previous funding structure, the reformed program was now funded entirely through federal and state funds.

Wednesday, June 13, 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, May 31, 2018

Spy Apps Being Found on Client Phones

Apparently even the ABA has taken note of this....most clients find the app is on their phone after their phones start acting up.  We just noticed an ABA article on  this issue:

6 Possible Signs Your Cell Phone May Be Tapped 7940763908 c638e9bfd0 k

...... [V]ivian Huelgo, chief counsel of the ABA Commission on Domestic and Sexual Violence, says lawyers have found “some really creative solutions” for admitting evidence into court when they do have it. But often, she says, it’s the first time the lawyer has tried to admit such evidence, as well as the first time the judge has dealt with the issue.
“So everyone is kind of fumbling in the dark, trying to figure out how to admit these pieces of evidence,” she says. “I would submit it’s happening more and more every day.”
The Commission offers training to lawyers on topics related to domestic and sexual violence, and has partnered with the NNEDV for years for training on abuse, stalking and technology.
The U.S. Supreme Court i Carpenter v. United States, a case about whether police officers themselves must get a warrant to track suspects’ locations through their phones....
held that....

Carpenter v. United States - SCOTUSblog

Carpenter vUnited States. Holding: The government's acquisition of Timothy Carpenter's cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before acquiring those records...

Attorney herein always has clients check for spy apps. Even if we can't find out exactly "who" put it on the phone, in many cases, the spouse has done it surreptitiously.  In addition, GPS trackers are being found on the cars of some spouses.  Spyware is rampant, and anyone who has "internet" on their cell phone is subject to being tracked and located
Your phone takes forever to power up
Your battery drains way too fast
You have apps you did not even install
Your phone starts heating up way way more than normal;
phone acts erratically...
Your phone bill has weird unexpected fees/or charges
You phone is being used to access "bad" sites, possibly via VPN
Some apps are not working properly
Your social media accounts are being accessed on places you haven't
been to?
You now have pop up ads you didn't use to have
Your personal data is being leaked
Strange texts, or websites changing their appearance?

Image result for photo someone using spyware on your phone
The slightly reassuring news is that it’s very difficult for someone to install stalkerware without having physical access to your phone or computer. It can’t be magically installed through the air or transported via a text message without you responding to it—modern-day OSes are too security-savvy to allow that to happen.
You might inadvertently install something you don’t want, whether stalkerware or a standard virus, by following a link in an email, so, as always, be very suspicious of links you get over email or social media. Avoid unknown senders and double-check files with known senders—particularly when sent unsolicited. Unfortunately, most stalkers out there probably won’t try this method for fear of giving the game away.

Saturday, March 24, 2018

NEW 2018 DV Case out of Sacramento CA--in Female's Favor

Please bear with us---before we get to the published case from Sacramento, which was not our case, but shows what we often talk about,  thank you...................

WOO HOO!! Just won another DV in an unusual case (not in Butte County) where the female had two pets in her custody and got sued for having them by the ex live in--who lives at other end of the USA...
We helped her file the DV as she had prior DV case in another state, and asked that pets be under the protection order. Despite our doubts, the Court awarded her the order for 5 years (not 3) and she thus has DV protection as to the pets. Meanwhile, the ex is actually suing to gain something out of the pets, there is nothing to gain actually. And even though he hired an "animal law attorney" from another state, all we can say is, good luck on that one. They might as well have flushed that case down the toilet. (Attorney herein does animal law and for longer than most attorneys that know animal law...)
Second DV case-- just settled another DV case!! It does happen from time to time!!! [If we did not settle we would have won the case anyway...facts were in our favor....]
Below is a published case from Sacramento involving domestic violence.

....[D]uring a child custody hearing a year later in June 2012, Judge Kevin Culhane found that Riley still failed to comprehend the nature and gravity of his conduct.5 According to Judge Culhane, Riley involved a number of third parties, including his family members, in private parenting issues. The court found that Riley was the source of threatening e-mails Rybolt received from Riley’s sister and that his family members had followed her and copied private parenting documents. “Such controlling and intrusive conduct,” in the court’s view, “[wa]s fundamentally inconsistent with any finding that the [Family Code section 3044]6 presumption ha[d] been rebutted.”

Image result for domestic violence photos
(the photo above is not the victim, this is photoshop)

[J]udge Culhane further found that, “[m]ost fundamentally the evidence demonstrates an ongoing course of conduct whereby father attempts to blame multiple third parties, includ[ing] mother, mother[’]s boyfriend, other parties, the co-parent counselor, the former lawyer, mediator, and others for the continuance of father[’]s own activities.” Riley had also “drawn the child into these disputes on a number of occasions.”

This case is indicative that the courts are not wavering on protecting domestic violence victims.  It is in the DV victim's best interest to obtain a litigator that can best protect those rights.  If you need help, call today. Waiting can ruin your case as has been seen in the past for those who do not listen to good advice.

Wednesday, March 14, 2018

Winning Doesn't Matter??

The real question is, would you want to hire an attorney to lose your case?

Most people love to say that "family law" means there are no winners. Well, maybe the people saying that,  don't win any cases, or feel that families all lose everything, or something different. Because there is no pat set of facts that create winning, it's obvious that if someone needs child support and gets the order, it's a win because they got what they requested?  If they got nothing, they certainly can't say they won in our opinion.
Image result for photos winning in court

Look at this, which we saw online:   ..."clients will want to find in an attorney, someone who is competent, communicative and diligent versus seeking out a win loss record..a win loss record is rarely a good measure in divorce and family law...."

For some attorneys, maybe claiming a win loss record may not be a good measure of anything, but after many years of doing these cases, attorney herein believes that if a client desires an outcome, and attorney gets that outcome, that is a win for the client.  

If the attorney just wants to settle a case, that is an outcome, possibly it could be acceptable to both sides if each had to give up something, then it's a compromise.  Whether a compromise is a loss or win is usually up to the circumstances-- if a client had to really lose a lot in order to get the compromise, but overall in the long run it would be helpful down the road, that might be sort of a win over the long haul.

But telling people that a win loss record is not a good measure of a family law attorney is not necessarily correct, since any family law attorney that consistently loses cases is likely not doing something correctly.  Family law is much more difficult than it appears, and the emotional aspects alone make most attorneys run, run, run--away!!  The high emotional toll on the parties and even the attorneys means that certain attorneys could never, and would never, never, ever want to be in family law.  It is a fact that it was due to family law related cases, where the emotions tend to run higher than even in criminal cases-- that California started using weapon scanning to enter courthouses.  we know of several family law attorneys that were shot by the losing spouses in family law cases?    

If clients want to win their case, it should at least be for the right reasons. Calling the right reasons is half the battle, yet some attorneys simply churn out the work to get paid, which is their reason, not necessarily the client's ....that's a huge difference.  So attorney herein has no problems in stating that attorney is hired to win whatever the client wants, as long as attorney believes that under the law, that outcome is suitable.     

Monday, March 5, 2018

Domestic Violence+Animal Abuse...Yes-- There is a Link...

It is an unfortunate fact that domestic violence (DV) cases can often be linked to animal abuse cases.

If in fact you have a DV or some type of restraining order, or a protective order, it is often possible to include animals in the request. Also, a person being accused of having abused an animal, or if  he/she is already charged criminally with abuse (against person or animal) then this should be known to the attorney handling your case. Attorney has worked with many animal cases, and is familiar with the regulations that may apply.

Attorney herein is more than well versed on both DV cases, and animal cases, whether it involves being the victim or the assailant.  Having done both plaintiff and defense work, attorney can better understand the defense or plaintiff's factual basis and exact details which will lead to a better result for the client. We can never guarantee results, but attorney has had plenty of cases with good outcomes, especially difficult cases. Some cases we already know simply cannot be won, but other things can be changed to better the result.

So if you have a difficult case, you might consider calling attorney today. There is no charge for phone consultation in most cases, and you will find that attorney is very down to earth and definitely not like most attorneys.

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.

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.