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Wednesday, May 29, 2019

The Domestic Violence Case of the Century from Sacramento Court of Appeals


https://chicofamilylawattorney.blogspot.com/   (click  link to read the Boblitt cases--long winded, difficult and very complex compared to normal domestic violence cases, and NOT typical of most domestic violence cases)...Synopsis below

The bottom line is that there is only usually so much time to report domestic violence, but in this case, the parties had a lot of $$$ and definitely spent $$$ to get the Appeals done. The long work taken to obtain these rulings just shows that never giving up sometimes can produce a win for other people down the road.....and fact that they used the Civil Court to get this done, is indicative of how difficult it can be, when one does not report domestic violence either timely, or effectively enough to get the issue going properly.  [We are aware that many domestic violence issues are NOT actually reported, or that such issues never rise to the level of the appeals case herein.]

**...and...the Court made notation that the Plaintiff's mental health issues, arising out of the alleged abuse by defendant during the marriage, made it impossible, impracticable or futile for her to bring the action to trial within 3 years of the remittitur or 5 years of the filing of the complaint.

domestic violence scores a win

Friday, May 17, 2019

Mandated Mediation in Custody and Visitation Cases

    In most cases, the parents are required to go to a mandated mediation session where a mediator
will conduct an assessment of the situation overall-- in most cases the parents have not reached an agreement on visitation.  If they did reach an agreement, the mediator might add additional provisions.

   In addition, especially in cases which are problematic, the parents are told to use "Talking Parents" which is a website that allows the conversations between the parents to actually be SEEN by the judge.....there is no cost in most cases to use this service. Parents are given instructions when they sign up for the mediation appointment.

   Most parents go into mediation blind, meaning, they have no idea of what is going to happen, so they tend to just try and argue about various issues.  This is not the best approach obviously because the mediator's job is to create a workable solution that is somewhat fair given the specific circumstances.  Many parents are very unhappy with results of mediation, this is very common.

If you have read this far, then you may be interested to know that attorney herein actually helps clients prepare for mediation. Each case is different, and attorney wants to make sure the client knows what not to do, and what is either productive conduct, positive, or helpful. Many clients have no idea that what they may do is actually harmful to their case.  This should be avoided obviously, if one is trying to get another to see their "side."  This type of situation always comes up, because if you are going to mediation obviously there is some disagreement. Attorney has been doing these types of cases for more than 20+ years and can likely even predict which parent has a better chance of getting what they want for the kids.

If you are going to mediation and have a situation which is difficult, you will definitely need help preparing for mediation. Attorney has much experience in this area,  so call today to find out if we can help you on your case!

Wednesday, May 1, 2019

TRUE: DV Convictions Can Possibly Take Abuser's Pension!!

Family Code Section 4325
(a) In any proceeding for dissolution of marriage where there is a criminal conviction for a domestic violence misdemeanor or a criminal conviction for a misdemeanor that results in a term of probation pursuant to Section 1203.097 of the Penal Code perpetrated by one spouse against the other spouse entered by the court within five years prior to the filing of the dissolution proceeding or during the course of the dissolution proceeding, there shall be a rebuttable presumption that the following shall apply:

(1) An award of spousal support to the convicted spouse from the injured spouse is prohibited.
(2) If economic circumstances warrant, the court shall order the attorney's fees and costs incurred by the parties to be paid from the community assets. The injured spouse shall not be required to pay any attorney's fees of the convicted spouse out of the injured spouse's separate property.

(3) At the request of the injured spouse, the date of separation, as defined in Section 70, shall be the date of the incident giving rise to the conviction, or earlier, if the court finds circumstances that justify an earlier date.

(b) The court may consider documented evidence of a convicted spouse's history as a victim of domestic violence, as defined in Section 6211, perpetrated by the other spouse, or any other factors the court deems just and equitable, as conditions for rebutting this presumption.

(c) The rebuttable presumption created in this section may be rebutted by a preponderance of the evidence.

(d) The court may determine, based on the facts of a particular case, that the injured spouse is entitled to up to 100 percent of the community property interest in his or her retirement and pension benefits. In determining whether and how to apportion the community property interest in the retirement and pension benefits of the injured spouse, the court shall consider all of the following factors:

(1) The misdemeanor domestic violence conviction, as well as documented evidence of other instances of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either party's child, including, but not limited to, consideration of emotional distress resulting from domestic violence. The court shall also consider documented evidence of a convicted spouse's history as a victim of domestic violence, as defined in Section 6211, perpetrated by the other spouse.
(2) The duration of the marriage and when, based on documented evidence, incidents of domestic violence, as defined in Section 6211, occurred.
(3) The extent to which the convicted spouse's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the convicted spouse to devote time to domestic duties.
(4) The extent to which the convicted spouse contributed to the attainment of an education, training, a career position, or a license by the injured spouse.
(5) The balance of the hardships to each party.
(6) Any other factors the court determines are just and equitable.

(e) As used in this section, the following definitions apply:

(1) "Domestic violence misdemeanor" means a misdemeanor offense for an act of abuse, as described in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 6203, perpetrated by one spouse against the other spouse.
(2) "Injured spouse" means the spouse who has been the subject of the domestic violence misdemeanor for which the other spouse was convicted.

(f) The changes made to this section by the bill that added this subdivision shall only apply to convictions that occur on or after January 1, 2019.

Potential Huge Issues for Domestic Violence Cases in Regard to PENSIONS

IF there is any abuser who is violent--and yet maintains a good job--- he or she is most at risk, especially if a conviction for domestic violence happens. THIS IS VERY HUGE for anyone who already is on the edge of being convicted of domestic violence.

Attorney does work on both family law and criminal cases.  If you are in the bad position of
being accused of Domestic Violence, and you have a good job, you better not be convicted of the domestic violence.  For legal help on domestic violence, call attorney ASAP!