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Tuesday, June 30, 2020

GREAT NEWS--TEHAMA COURT TAKES KIDS VIA TRO+GIVES TO MOM,AFTER INJUSTICE IN BUTTE

WELL WELL WELL........the rooster
(we won't name him)  has
 finally come
 back to find that the DV TRO law actually works              
in certain counties that are not tainted!!! 


Like Tehama in this instance??


                                                             
 Celebration time!!!!!

WOO HOOO HOO!!!! 

                     
                                                             
 Celebration time!!!!!















A TRO was filed in Tehama County granting at least temporary custody of the kids
to the mother, and how the father had gained custody is briefly
listed below........he gained custody in Butte improperly because
there was no other way he could obtain it.......



We are speaking of the long-standing criminal informant case where the informant father (*refer to him as rooster)  gained custody inappropriately (NOT in Tehama, but in Butte...), even after he was obviously both negligent and was charged with criminal actions, while he ignored nearly all court orders....including criminal protective orders...


Just an example...
(1) He was chasing the mother/kids in the car, and (2) even rammed the car,
while  (3)  over 100+ calls to "911" were placed by other motorists in Chico?
The police report is very very clear as to what occurred. 



Then the rooster was arrested by Chico police and was in jail on  $93,000 bail with multiple felony/misdemeanor charges? and 

(4) the DA did nothing,
and 

(5)  he was released from jail? 

How we know this, is because we attended his hearing, to make sure his bail was not lowered-- and he had already been released!!

Then, one of the family law judges who is not a family law judge now (she went back to felony criminal court)...simply awarded full custody to the informant, who:

(1) didn't even possess a valid driver's license [and likely doesn't have one even now], and who

(2)  continued to violate a criminal protective order of 3 years, 
never took child to counseling at all, failed to even
show up for his "supervised visits",

(3)  continuously -yes, over and over; he would steal the other person's mail,

(4)  ignore the stay away order, and basically do whatever he wanted to do?

Because he knew he could get away with it? 
NOTE: we do have an entire
transcript of all of the items above, including what the judge said and why,
and it was completely lame, NO one awards custody to one with a huge
prison record, charges levied at felony, and misdemeanor levels, child
endangerment, and more, several protective orders (he just kept ignoring
that they existed) and he  would not let the kids talk in counseling? 
Let's just say this, the only judges likely in family law to protect 
snitches would be former DA employees, very seldom are judges 
from private practice used for that purpose.  Even CPS
had already stated they believed there was abuse, and nothing happened?
He (rooster)  even lied and make up a name of a counselor that had NEVER been
the counselor for any of the kids? The counselor even appeared at the
trial and testified?  Judge just ignored it.

*The reason this can take place is because certain
informants may be owed favors?  This 
is long known by criminal defense
attorneys and DA personnel. In other words, if one is a snitch,
one likely is eventually owed favors by the government. While this
is not new, it has been seen more often in Butte than some other counties.


Custody and TRO Temporary Restraining Orders

Originally posted 1/19/15
Domestic violence related Restraining Orders are a huge problem, and if you either need to fight one, or obtain one, be forewarned-- it's sometimes easy to GET a TRO, and defending against them is best reserved for defense attorneys or at least attorneys who know litigation and not just "settlement."

From a defense perspective, very few TRO claims are readily settled--clients are either too upset, too physically harmed, or they made up facts in order to get back at a spouse. Attorney has seen plenty of vindictive TROs over the years. Often Judges just rubberstamp them, and issue them for 3 years.

Beware if you need to defend against a DV TRO, because a spouse or partner can be most difficult to work with. Knowing that, you will need a lot of help to prevail.
Make sure your attorney can properly defend and fight for you.  If not, you stand to lose quite a bit, both financially, and emotionally.   

If the DV TRO is issued against a party, that party cannot presumptively be the custodial parent, especially if criminal charges are filed.

This means that automatically, unless proven otherwise, you are likely out of the picture as custodial parent, even if you already were the custodial parent. This would probably require a trial to change that.  And depending on how bad you lose the case--- you may be in for a real shock to find that you will not be getting what you want visitation wise, especially if you have engaged in physical violence or otherwise illegal conduct which rises to a level that is not acceptable.

Attorney has seen rather worthless DV TRO cases filed, but has also seen plenty of viable cases filed for good cause. IF you have found that a DV TRO was filed against you, be very careful in your methods of trying to solve the problem. Attorney has seen some litigants resort to horrendous behavior that borders on extortion or attempted bribery.

This should never happen and will definitely not make your case easier. If the case is litigated, you better obtain someone who knows family law and restraining orders, and has done a lot of them.

Especially if you actually have caused harm, and it is not disputable, you will be in for a very rude awakening the hard way.
This is not new to attorney herein.  Even if judges have tightened up on handing out DV TROs, the majority of judges know bad or illegal behavior when they see it.

The best defense in such a case is to be prepared ahead of time, not after the fact. Make sure your attorney is not simply focused on settling everything while you lose out. Much of divorce these days requires the ability to litigate for the client. Settling does not always work.

While some cases might result in a modification of the order, many of the cases do not, and many litigants attempting to win at trial on these cases will in fact, lose.

Note: We always notice when there is a spike in readership on TRO DV cases, because the litigants will usually look at attorney's blog for information. This has happened for many years, as attorney has done DV TRO cases for quite some time. DV TRO cases are supposed to be heard by Judges, but if a commissioner is assigned, especially for trial, this normally  requires a specific stipulation  You can check the case of Settlemire in San Luis Obispo. 










Does Attorney Know About Animal+Pet Laws? Yes!!

Before anyone bothers to try and say anything in regard to animal law knowledge, just realize that attorney herein started researching laws and issues many years ago, even before the "rescuing" of animals was even done?

And so it came to pass that eventually, attorney herein recognized that certain animal groups were pushing certain animal LAWS that basically-- amount to what is known as FORFEITURE.

This amounts in many cases, to the government being able to steal one's property by claiming that under the law or laws re certain animals, are thereby forfeited to the government because one cannot or doesn't want to shell out ransom money if accused of some alleged crime?  Attorney herein has for many, many years, pointed out the illegality of the CA Penal Code 597.1, especially when it comes to the seizure, illegal seizure, or any other type of taking by seizure, either by animal control, rescues, the government or whomever.

Usually this has nothing to do with dangerous dogs, but rather with dog breeders or sometimes cats.
However, the CA Penal Code involving the animal law seizures is nothing but one big, huge monstrous patchwork of crap--it is and was cobbled together such that it is mostly not comprehensible and is exceptionally poorly crafted.
       This was apparently done on purpose for two reasons-- One, so that animals would not be sold; Two- so that owners would not make any money on sales of animals; Three-- so that ALL animals sold (particularly DOGS or puppies-- would ONLY be sold by alleged non profit groups claiming to be "rescues" when in fact, most of the groups never bothered to incorporate as a 501(c)(3) at all, and are operating illegally and without oversight?

There is currently a big, key  federal case in Eastern District Federal Court (Sacramento) which evolved from Placer County. Attorney herein was working with the criminal law specialist attorney on the defense side (for the animal owners whose animals were stolen by claimed non profit/other employees of the county, etc.)

     This is how bad the CA Penal Code is on animal law seizure: even the criminal law specialist did not understand the seizure law, as it is severely convoluted and actually illegal, but  he easily saw there was NO due process.  In fact the laws as written, are simply the same as drug laws are---they are simply forfeiture statutes, even though the animals are NOT illegal contraband??

Attorney herein readily agreed that such law is illegal (especially "as applied" in constitutional law) and that the statute is illegal?? The involved people don't want publicity, so no attorney is even challenging the law itself, but instead is pursuing various types of claims in an attempt to settle it with Placer County?  This is not Placer County's first federal lawsuit for animal law cases, believe me! and the non profit group involved is distinctly guilty, yet still is handling animal rescue for what appears to be the city or county?  That should be illegal!!!
                                                                       

...and how do we know this?  Because attorney has not only first hand knowledge of this, has studied and researched such issues for many, many years (like 21 years), and has discovered a huge web of basically lies piled upon more lies.  Most animal rescues are allowed to do whatever they want, unless by some miracle, such a group actually has insurance, is registered, and understands CA animal law and the Penal Code. [Most groups know very little to nothing about animal laws...]

 Thanks to the Humane Society of the USA aka as HSUS (which fell far, far from grace)  after it was proven that HSUS in their 14 year crusade against the Ringling Brothers circus case in federal court, in conjunction with ASPCA/others--were charged with 
........RACKETEERING IN FEDERAL COURT??  The guilty groups (all allegedly "non profits") then were allowed to "settle" with the circus after being allowed to stay in federal court over that huge amount of time????  After that, Ringling Brothers circus shut down. It is not a secret that animal activists got Sea World shut down, but Sea World reformatted their shows and stopped using animals in shows?  at least they stopped having animals such as dolphins "perform" for audiences....and of course, activists are still currently attempting to stop RODEOS, roping, and the like?

While animal activists have not been as vocal as they had been seven years ago, they are in the same category as scientology and like minded people. In fact, rescue groups were actually going to dog auctions and BIDDING AND BUYING PREGNANT DOGS, AND THEN RESELLING THEM ON THE OPEN MARKET?   This was widely shown online several years ago.

In other words, non profits were doing the very thing they tried to persecute breeders for-- selling puppies and dogs?  The non profits then made profits off the animals themselves, by claiming that selling such animals was ok because they altered the animals later?

The hypocrisy of these groups is legendary. If your family wants an animal, we recommend you do not get such animal from a rescue because you know nothing about such groups. You would do well to find a competent breeder who actually has knowledge of animal science, and has done well with the breed line. Usually AKC can point buyers in the direction of those that at least know the breed standards, health issues and related. Rescues or so called rescue groups usually know little or nothing at all about canines. [Cat rescues usually do know about cats; there are basically too many cats.]
-------------------------------------------------------------------------------
On the heels of the Humane Society of the United States being downgraded by Charity Navigator and losing its accreditation from the BBB Wise Giving Alliance, a third charity watchdog has some bad news for America’s supposed “most effective” animal charity. The respected CharityWatch has downgraded HSUS to a “D” grade in its most recent rankings due to HSUS’s highly inefficient spending practices.

https://humanewatch.org/   https://humanewatch.org/humane-society-of-the-united-states-sued-for-35-million-over-dog-seizure/

Thursday, June 25, 2020

Family Code 3044 and Domestic Violence, Problems that Arise

NOT understanding CA Family Code 3044, or your judge ignores FC 3044--- is going to be problematic. Example:

When Custody is Actually Granted to an Abuser:

In re the Marriage of Fajota (2014) 230 Cal.App.4th 1487.  The Court of Appeal ruled that the trial court made two mistakes (twice “abused its discretion”) by awarding joint legal custody without applying Family Code section 3044, which says courts should almost never award joint legal custody to a parent who has committed domestic abuse against the other parent in the past five years, because it would be detrimental to a child’s best interest. 
This presumption against awarding joint custody applies when there has been a finding of abuse, even if a request for restraining order has been denied.
 Until the abuser rebuts (overcomes) the presumption against awarding joint custody, the presumption must be applied every time a court considers custody, even if the custody order will only be temporary. (FVAP litigated this appeal, which the court published.) (con't after the photos down below)....
*https://www.courts.ca.gov/documents/3044sheetEN.pdf


Thus, actually having a Criminal Protective Order and allowing
 judge to ignore it, is a huge problem and should never be allowed to go unchecked.  
IN difficult cases, we have seen judges widely ignore this rule.
If you are not getting enough help, as a victim, you may want to look at
the California Victim Compensation Board:

  WHY?
Because a law was specifically passed-- such that if one party 
does HAVE a criminal protective order against him/or her--
that FACT must be written in the custody order by the judge--
so in most cases, on an RFO to change custody,
 there will be an order and FOAH (findings/order after hearing) that is issued.
                      
Most judges won't give a parent with the CPO,  custody---but we have definitely seen it done, and improperly at that; and thus, we have put it on the record both by filing the FOAH, forcing the court clerk to put it in the minutes, and making the record with a court reporter...at least this way, if one needed to file an appeal, the record would show there WAS a CPO and that judge gave custody to the parent who likely shouldn't have obtained custody. [I say shouldn't have obtained custody because in most cases no parent with a current CPO would obtain custody--UNLESS--someone was able to show it was in the child or children's best interests. Hard to imagine it, although slightly possible.]

Beware: it is definitely possible that judge(s)  "could"  give custody to a parent who is under  a CPO...although this would seem improbable, it does happen, and has happened, because we have seen the cases. Or other examples include CPS, which will place kids with people who are known drug people, past drug convictions, even on probation for drugs...  those cases usually require hiring a CPS Plaintiff attorney to sue.


Especially if it is not mentioned [that there IS a CPO] either during the Request for Order to change or modify  visitation and custody, or prior to mediation, because the mediator failed to look at the file or didn't have time,  and the person with the Criminal Protective Order against him or her-- gets custody?  REMEMBER: IF THERE IS A PROTECTIVE ORDER IN PLACE THE FAMILY LAW COURT SHOULD KNOW AND BE FORCED TO LODGE THAT FACT IN THE FINDINGS AND ORDERS IN THE FILE. THIS IS BECAUSE IT CAN HAVE AN EFFECT WITHIN A FIVE YEAR TIME PERIOD!


Criminal Protective Orders are not just handed out. Not usually.

 Some domestic violence orders are issued temporarily out of safety concerns, but essentially judges were finding they were sometimes asked to find for a DV TRO when the case may not have risen to the level required, or, there were too many implausible allegations, no facts, or few witnesses, and they started denying them more often.

A genuine Domestic Violence TRO should be based on factual data that can support harm to children or the parent filing it; it should be truthful and thus factually based, it should be clear and not ambiguous, it should have data but not 995 text messages attached; it should preferably be based upon evidence that one can prove and testify to directly, and not hearsay;  it should not contain false allegations; if in fact it has to use sexual data to prove wrongful conduct, such data should be mentioned without attaching, but should be described only to point to prove that such data/or conduct involved was actually revealed inappropriately or illegally; (there is case law on this, which is why I am stating this..) and if stalking or surveillance which is illegal is involved, it should have been reported somewhere, somehow, with some evidence that it was in fact documented; harassment or stalking by continued unwanted action, or having your mail stolen, or your car followed, or a GPS device was hidden under your car--these are basically improper actions and you need to save the evidence, and have witnesses, and hopefully photos that can be verified.

     Calling 911 if in FACT you can prove that such conduct which gave rise to the call is bona fide.  Calling 911 without such evidence will not help you very much, but if in fact there is an emergency, the 911 call is automatically recorded regardless.

     For example, our client called 911 from her phone while trying to escape the ex trying to chase her down in her car, AND client called attorney.  Attorney immediately called 911 and dispatch stated she was on phone with client.  We found out later via the police, that over 100 calls to 911 were made to the police as many people driving witnessed the criminal trying to ram the client's car?

This resulted in client going directly to police and guess what? 
  The culprit was in jail on $87-$93,000 bail AND he was allowed to get out of jail in a few days and no bail hearing? And yes, he already had a valid CPO against him?
Furthermore, he later was even given physical custody of the kids!?

The fact is, the culprit has been an informant in the past (whether acknowledged or NOT)--  and the DA let him get out OF JAIL ON PURPOSE.   This occurs when certain criminals apparently either become snitches or help certain sides to carry out activities.




Family Code 3044 is based upon a presumption that a perpetrator of Domestic violence is not likely to be the custodial parent for obvious reasons.  We suggest you look up the code, read it, and then figure out if you,  in fact, are in this boat; if so, get help ASAP.  There is no substitute for legal help in this area, as you will be losing your case  if you do it improperly.

We say this because we have seen judges in the past, award custody to the informant, criminal, or drug user.   They may claim such parent is not an informant, but let's be realistic here--when a person sells drugs, and then snitches people off, that is an informant, whether recognized or NOT.  Therefore such informant is dangerous --period.  Doesn't matter if he/she was working with government or not.  The informant is dangerous, therefore it puts the kids at risk.  It is that simple. Drug users, alcoholism, mental instability that involves anger control and aggression coupled with former DV cases are usually both difficult and expensive to fix. It can take more than a year to change legal and physical custody. If you keep waiting, it will just likely get more expensive to fix.

Monday, June 22, 2020

Can Domestic Violence Lead to being Arrested? Yes!

Apparently, people believe that they can get away with violence against others, which may include children, even their own children---or their spouse, or significant other (partner..)  In the more serious cases, it is best to obtain a criminal protective order and if one is obtained, this should always be judicially noted within any further custody hearings, especially on the FOAH documents. 
     While it is possible that even one who has broken the law can still obtain custody of children, the prove up for that happening should be rigorously followed, and would in most cases, be fairly difficult.

Regardless of one's profession, even doctors, attorneys, or other public officials of any type are subject to the same laws in California re domestic violence. Almost no one is spared from the law, or at least they shouldn't be. The cross over elements between DV TRO cases and criminal prosecution, and protective orders can be fairly complex. And continuing changes in laws involving DV TRO cases are nearly always ongoing. 

While DV TRO cases are not issued quite the way they used to be, the prove up for such cases tends to be different in each case and often depends on the particular judge. We have seen judges deny DV TRO cases that seemed fairly valid, but yet allow certain cases that seemed highly improbable.   If there is any doubt as to whether such a case should be filed, it is best to consult with a family law attorney that has routinely worked with DV TRO cases. And again, if you are in a county where there is corruption, you may find that certain cases against defendants will not "stick" no matter how obvious the harm, where, for example, the defendant is a criminal informant.   Amazingly, it appears that  many family law attorneys do not realize this.


                         We can truthfully say that yet another defendant                            accused  of domestic violence [against children] 

was placed in jail north of

  Tehama County, for arraignment, and yes, this person is an attorney. 


There is already a temporary DV TRO in place against the defendant......

For example, years ago, when an attorney well known in Oroville was cited for drunk driving, we are sure most people saw it in the newspaper. It is not that uncommon. 
Although we know the arrested person will bail out, what we are getting at here are the facts: NO ONE is immune from facing charges when violence is used against children--nor should they be. 

A count  or several counts with  felony corporal punishment and misdemeanor child endangerment.... This is public knowledge as  nearly all charges on such arraignment calendars are open to the public for the most part.

Beware, if you are a parent, adult, or just a person who chooses to use physical punishment which is over the top, excessive, and uncalled for, you are risking facing charges if people speak up. Once this is done, it usually cannot be undone. 


This study (above)  compared the extent to which a childhood history of spanking and a childhood history of physical and emotional abuse are linked with mental health impairments in adulthood.
         The first main finding is that spanking loaded on the same factor as the physical and emotional abuse items indicated these experiences are highly correlated and reflect a similar underlying process.
         Second, a childhood history of spanking was associated with increased likelihood suicide attempts, mod- T.O. Afifi et al. / Child Abuse & Neglect 71 (2017) 24–31 29 moderate to heavy drinking, and street drug use in adulthood, over and above their childhood experiences of Physical/Emotional abuse indicating that our understanding of adult mental health impairments is better when we consider the experience of spanking along with Physical/Emotional abuse....




Saturday, June 13, 2020

If You are a Victim of a Crime or Your Child is a Victim

No surprise that the Victim Compensation Board list of who
 is eligible for compensation,
lists DOMESTIC VIOLENCE  first-- on the list?


   **Note: Despite the program,  if your case involves an informant (snitch) who is owed favors
by the government or something close, be aware that you may find it difficult to get help down the line. 
We have seen this happen





https://victims.ca.gov/victims/eligibility.aspx
https://victims.ca.gov/victims/howtoapply.aspx
https://victims.ca.gov/docs/forms/victims/apps/victimcompensationapp_eng.pdf
https://victims.ca.gov/restitution/victim.aspx









The Victim Compensation Board (CalVCB) can help victims and family members of victims of crimes such as:  DOMESTIC VIOLENCE,
CHILD ABUSE, ASSAULT, SEXUAL ASSAULT, ELDER ABUSE, MOLESTATION, HOMICIDE,
ROBBERY, HATE CRIMES, DRUNK DRIVING, VEHICULAR MANSLAUGHTER, HUMAN TRAFFICKING, STALKING, ONLINE HARASSMENT.......