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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....... 

Sunday, May 31, 2020

Your Child Wants to Live with the Other Parent?

It's common to find that children will want to live with the "other" parent in many cases.

Sometimes it's for valid reasons, but not always.  The California code does address this and even states an age, apparently believing that by that age the child has enough reasoning power to make the decision; but the child's decision is subject to the court confirming it. Meaning, it may not happen.



Parental alienation is fairly common in cases, often (in attorney's experience) it's the mother doing it, but not always. Sometimes a parent with narcissistic tendencies may tend to do this, see
https://www.psychologytoday.com/conditions/narcissistic-personality-disorder for information on this problem generally. The afflicted parent will continue to push the fact that the child must stay with him/her even when lacking a factual basis. Attorney has seen many cases where the parents actually share custody but fight about everything anyway. Usually that is due to a build up of resentment in the relationship for varying reasons, and the parents never (and I mean never) resolve their own issues.  Instead, they carry the resentment forward, which is not helpful.


California Family Code Section 3042 (a)-(d) states:


      (a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation


(b) In addition to the requirements of subdivision (b) of Section 765 of the Evidence Code, the court shall control the examination of a child witness so as to protect the best interests of the child.
(c) If the child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child shall be permitted to do so, unless the court determines that doing so is not in the child’s best interests. In that case, the court shall state
its reasons for that finding on the record.
(d) Nothing in this section shall be interpreted to prevent a child who is less than 14 years of age from addressing the court regarding custody or visitation, if the court determines that is appropriate pursuant to the child’s best interests
When a Court evaluates a child's choice regarding custody and visitation, the Court must listen to a child age 14 and older, UNLESS the Court determines it is not in the child's best interest do so? [When child is less than 14, the Court must first decide whether it is in the child's best interest to listen to the child..]
Courts can certainly listen to the preference of the 14+yr old child, but isn't required to cut off visitation even if the child requests it. Also, non sincere efforts by parents to do so are often seen, but not necessarily granted. Using mediation, or appointment of a custody evaluator or investigator may be required if issues of parental alienation or emotional or psychological abuse are present.  Other professionals may recommend differently if the parties have made a lifetime of being in court; in the worst cases, the children can even be placed in neither parent's care.
Custody is one of the most highly fought-over issues in many divorce cases. They can also be the most expensive. Attorney herein has found that many of the hard-fought custody cases really should have never been needed.
But parents sometimes find that emotional scars to one parent will cause that parent to become the "enemy" and then the battle doesn't stop. Unless the actual facts support harm to the child, it is often the attorney that has the better common sense argument who will win out. As for the child, he/she might get lucky.

Tuesday, May 26, 2020

If You are Concerned re the Online Sites aimed at Kids, COPPA-- Privacy Protection

 Children’s Online Privacy Protection Act Rule (“COPPA Rule”).

https://www.ftc.gov/sites/default/files/documents/rules/children%E2%80%99s-online-privacy-protection-rule-coppa/coppasurvey.pdf

Many parents don't have a clue what their kids are doing with their cellphones, and younger children would not know better regardless.

California has been actively trying to ensure that companies are not taking advantage of children, perhaps since most parents these days don't teach their kids how to tell time, write in cursive, or how to work a record player?  So many younger kids are simply left to play with cellphones or gadgets that get them online, and no one is checking to see what they are doing.


Parents should be diligent with all computer type products which can easily aim their actions at children.
There are plenty of programs that can squelch programs that are not fit for young children.

And just as a personal opinion, attorney would never advise to buy any product that might monitor your house and record what you are saying. That sounds highly dangerous especially if it's being done and you don't even realize it.
THESE DAYS, PEOPLE THINK NOTHING OF PUTTING UP
HIDDEN CAMERAS!
In fact, it sounds like the beginning of a bad DV (domestic violence) case!  Mini Spy Camera Wireless Hidden, Relohas HD 1080 Spy Hidden Camera Live Streaming, Small Security Camera with Night Vision Motion Activated Spy Cam Nanny Cam, Mini WiFi Camera for Home and Outdoor

Which gives rise to this data-- do your own research carefully!

https://legalbeagle.com/6708722-california-laws-video-surveillance.html

https://www.senteltechsecurity.com/blog/post/blog-9/#:~:text=The%20bottom%20line%20is%3A%20feel,is%20living%20on%20the%20premises).


Friday, May 15, 2020

Why Pay to Settle When You can Win?

Originally published March 2016 by attorney

https://buttecountyfamilylawlawyer.blogspot.com/2016/11/why-pay-to-settle-cases-when-you-can-win.html

In the above post from another blog site done in the past, I clearly explain how some cases get "settled" due to family pressure and a very unethical/mean spouse who simply took advantage of the other spouse. I personally will never, ever represent a client into doing that which was done in the specific case detailed, because it is inherently wrong, unfair, and not ethical in my opinion. I had the client fire me because I would not engage in a division which was in my opinion, basically illegal.

If you read the link, you will understand there is a HUGE, HUGE-- difference in the way attorneys handle their clients. I do not believe it is ethical to allow a client to engage in what was done (but the next attorney  was gung ho to settle the case with the poor client as the definitive loser overall financially? That won't happen on my watch.)


Any spouse making $27k/year while other spouse is at $80k a year, should not be bailing out of the marriage and taking nothing, especially when the $80k/year spouse had over $100k of debt accrued without the spouse even knowing about it? That forced the family into bankruptcy.  Attorney herein will definitely litigate on most issues and maybe even settle cases, BUT will not allow a client such as in this case, to lose almost everything, because it is inherently wrong. It's true, attorneys are allowed to let clients hang themselves if they choose to do so financially--but when this type of situation happens, attorney will not do anything of the sort. I will choose to be fired because I do not believe it is a good practice to allow clients on their own accord, while under huge pressure, to cave in and then regret it later.  And I am certain this client will regret it later.