IS YOUR CASE COMPLEX, DIFFICULT, CHALLENGING, OR JUST PLAIN AWFUL? THEN KEEP READING....

Let's be clear, shall we?

 IF you do have a challenging, complex, difficult, or terrible case, there are  often several reasons WHY............

ONE:  the other party purposely made it this way and you were too weak to defend yourself 

TWO: You spent all your money on an attorney you THOUGHT would help you and you found out this, in fact, was not true... 

THREE:  You failed to follow the orders that were made and got into trouble??

FOUR:  either you or the ex is on meds, and the meds for whatever reason, did not work, and you or ex messed up and violated a court order??

FIVE: YOU understood the custody order but the ex violated it and you filed a motion and you LOST?

SIX: You waited too long to modify your case and now the statute has passed?

SEVEN:  YOU lost custody due to drugs and your spouse isn't on drugs but is a felon? 

EIGHT: You never had a job for longer than 7 months and when you got a good job, you couldn't pay the support after you lost the good job?

NINE: You ignored the order to pay spousal and now your arrears are excessive

TEN:  YOU never hired an attorney or you hired the wrong attorney, or you believed you didn't need an attorney because the case "wasn't that hard??

Of course in reality, we see hundreds of reasons why people don't win their cases,

and in some types of cases, it may be impossible to win simply because you have an impossible case--- BUT in most cases that attorney has seen, there is always something

 that CAN be done, but it might take a lot of time, 

effort and patience? Attorney is a prolific researcher and usually researches current topics often and likely more often than most attorneys do....

 If you think you may have such a case, call attorney today. 

 There is no charge for the consultation.

WHY FAMILY LAW IS COMPLETELY DIFFERENT

People usually think that they can win a case based just on the law.

Maybe one can, depending on the circumstances?  But not always. Family law is legendary for producing results that would be unheard of in a regular civil law court.

I have seen plenty of bad cases where the winning party was not winning and had in fact lost many rounds in the case over time.

Family law is universally hated by many attorneys who would never do the work we do. Probably because most of the time, they don't like to listen to moaning, groaning, griping, and maybe even bitching about the case??  Well, then that's obvious that those attorneys should not do family law.

This is nothing new; when I was in Sacramento working on a civil case, the sheriff deputies told me that family law is usually where someone will try and kill another person--not in criminal law cases; for example, when the jail inmates are brought into the courthouse, they usually walk single file in a line close to the wall, and deputies escort them. I am sure not all the criminal defendants are allowed to be escorted as stated, those are likely lower status crimes. Although bailiffs are usually inside every courtroom, one bailiff alone could not likely control a group of people who were in attendance in a case which was exceptionally newsworthy.

That is basically why courts started the weapons scanner at all courthouses.  In San Diego, people would be killing their ex wife, but not in the courthouse. They would do arson to the house/just burn it down while the spouse was in the house? Or further South, by Seal Beach, the ex husband ran into the beauty shop and killed about 8 people, including the ex wife?  Defendants have even killed the family law attorney that ended up winning the case... this is not surprising.  In fact, in family law when the stakes are very high, meaning one party stands to lose nearly everything (which is usually the husband-) some husbands just cannot stand that and will do some pretty outrageous things.  Attorney herein would be willing to bet that some of those husbands were war veterans, or were already victims or subject to some type of mental distress.

Of course not every case has domestic violence, but these days, the domestic violence cases are rising in part, due to the problems involving no jobs, difficulty in accessing courthouse, COVID and unemployment, all of which create excessive stress for most litigants.

 In fact, even the Korean pop band (BIGBANG) in their video "Haru Haru", https://youtu.be/MzCbEdtNbJ0  it clearly shows the distress that even men will go through, regardless of what caused the distress....attorney herein does not speak or know any
Korean language..you dont't need to know the language to understand what happened in the video.
The loss, grief, and feeling of loss for most people in divorce (or even in just break-ups) is very high.  To ignore that would be foolish. Understanding this fact can sometimes actually help a case along; one might be surprised at how a case can be resolved if one understands the human nature factor.

Special Needs Kids, Education Issues, Problems with Getting Help...+ Issues re Covid.........

A much higher percentage of children these days are falling into categories that may encompass special needs, if only because society is putting far more awareness out there (including good, bad, ugly, and you name it?)  [Links at end of this posting... :)]

Social media gone wild is basically the order of the day, so when we see the trials and tribulations of parents who have kids with various issues, we are very aware that care must be taken to address those needs.

Unfortunately, not every single county will address those topics in the same exact manner although some are definitely worse than others.....Larger jurisdictions tend to have more savvy educators that will work diligently to help parents meet their children's needs, whereas smaller jurisdictions won't even have a mediator that knows what he or she is doing, and there is no actual mediation prior to custody that is definitive. (An extremely small jurisdiction will also not likely have the help one would need to even know where to begin--we have seen this, especially in very small rural areas..)

Therefore if one has any kids which might fall under the category of special needs--one will have to do their own research for your own county. CA education law has plenty of rules however, whether those rules are used  (or not)  with the kids is determined by what happens when people don't know what to do for their own kids? 

For example, kids with an IEP or kids that must be carefully supervised all the time will present with differing needs obviously.  If you believe you need attorney's help as the other parent is severely lacking or negligent, feel free to call attorney herein.........

(*Note- as an example, one of attorney's clients had absolutely no custody but the other  parent  had full custody of special needs child, and formerly had a DV TRO on the ex (my client)-- After the mediation and review, the custodial "parent"  lost ALL custody of the child (legal and physical)  due to the errant wrongful conduct that the custodial  parent used/displayed with the child--and the mediation report of nearly 20 pages proved the facts?? The report was 100% against the former custodial parent, who, in attorney's opinion, was definitely afflicted mentally...)

https://www.understood.org/pages/en/school-learning/for-educators/back-to-school-2020/

Usually the regional center like Far Northern, is used for many kids.  https://www.farnorthernrc.org/    and  http://www.eparent.com/special-needs-resource-directory-2/

COVID HOURS 8AM-7PM NO OFFICE VISIT Required.. FREE CONSULTATION

         Attorney does not use "Zoom" in most cases due to....  some of  the potential problems (indicated further below in *article examining it...) however attorney does use Court Call, Webx, and possibly can  also appear in Court in person, depending on if judge allows it. The Butte Family law courts are open for hearings.

----> You should CALL the Courthouse to make sure you can either

 (1) appear in person or

 (2) if you are required to USE Court call, or another type of call in system......

 

Due to people having to navigate the problems of not being able to always  meet an attorney in person in an office, attorney does still manage to meet up with clients. Bad weather and Covid does not usually deter attorney from meeting anyone, in reality. 

    Years ago when attorney had a huge office in Sacramento with 4-5 attorneys,  [my office window overlooking the garden was so big you could drive a large car through the window] and it is right across the street from Arden Fair Mall------ attorney did not ever answer the office phone, because we had people answering it for us, but I eventually found out that many shortcomings can ensue.

    These days, with people being used to working with machines all the time, they seldom get to

actually speak or interact with attorneys for very long due to the cost. Attorney herein spends a great deal of time on the phone in order to better understand the client's case. This usually helps the client's case and has a great deal to do with attorney being able to prevail in the case, in the long run. 

Attorney has always relied mostly on technology and computers and has access to very competent computer experts.   Pretty much most of my skill and experience is in litigation, mainly in the courtroom. People can say what they want but the proof is in the litigation record and I have this data displayed directly on this blog. Attorney is not originally from Butte County and has years of experience in larger county jurisdictions.

Attorney has done both state and federal litigation and has been involved in many areas of law outside of family law, such as civil,  criminal,  bankruptcy,  administrative,  animal law; thus in cross-over cases involving several areas of law, this is also not new to attorney either... for example, attorney has sued Chase bank, the State of CA, PGE, City of Sacramento, American Kennel Club, Nestle Purina, City of San Diego, CA Southern District Federal Court;  City of Aurora,  Colorado Federal District Court...and bankruptcy litigation, Eastern District Federal Court, Sacramento, CA.

-----------------------------------------------------------------------------------------------------------------------

Note: Our animal expert (from Washington) was used in the case below at the lower level,  involving  United States v. Stevens, 559 U.S. 460 (2010) a federal precedent case known the world over, United States v. Stevens, 559 U.S. 460 (2010), 

was a decision by the Supreme Court of the United States, which ruled that 18 U.S.C. § 48,^[1] a federal statute criminalizing the commercial production, sale, or possession of depictions of cruelty to animals, was an unconstitutional abridgment of the First Amendment right to freedom of speech. 

Many attorneys do not know this case, however it is a huge case in Federal case law, and was published in nearly every main newspaper in the USA.  

The gist of the case shows that animal activists attempted to use an illegal law to make a historical accounting (such as the history of dog fighting, for example) into something illegal, just by one talking about it in a book or video?  For example, talking about the killing of Jews by Hitler is historically talked about, written about, and spread widely in books and films.

In applying the constitutional law correctly, the author of the book was not guilty, and the law by the activists (HSUS had a hand in it), was illegal and the statute had to be rewritten.

You can look it up: 

https://www.scotusblog.com/case-files/cases/united-states-v-stevens/

https://www.lexisnexis.com/community/casebrief/p/casebrief-united-states-v-stevens

https://en.wikipedia.org/wiki/United_States_v._Stevens

----------------------------------------------------------------------------------------------------------------------

NOTE,  WARNING ON PRIVACY AND SECURITY IN THE WIKI DATA...AS TO ZOOM........of course, I did not write the Wiki data. You can research it for yourself that the shortcomings were there.

https://en.wikipedia.org/wiki/Zoom_(software)

WHY GIVING IN USUALLY DOESN'T WORK IN MANY CASES

Family law litigation in the beginning, may look like a crap shoot, and neither side has a better background, and neither has a much better track record in prior court hearings. This is where the REAL litigator who has experience with bad cases, can help you improve your case. Oh sure, we have seen tons of cases won simply BECAUSE the case was already winning on one parent's side to start with?   

I am not talking necessarily about cases such as those, but, rather, doing an analysis of what exactly has happened at all hearings, what did go right, what didn't go right, what mistakes were made, what rulings were made (incorrectly or correctly) and why?  Without being able to really know the case, one doesn't necessarily know the case to be honest?

 Any mistakes, errors, or prejudice should come to light. Any wrong rulings should be taken apart in detail. It's like having a surgeon dissect all the bad stuff that came beforehand, and then reassembling it to make the groundwork for the day you finally get what you were trying for?!!

 Quite honestly, not knowing why something went wrong is very key. But once attorney dissects it, then we start to rebuild the case, because in most instances, a majority of the cases involve something that was done wrong or improperly, and attorney herein can usually find what those things were; typically it will be at least 3 wrong things, not one, and not two.

And not all judges or commissioners are created equal, trust us, we know who knows the job and who is not so great. (We aren't talking about knowing the law here, we are talking about whether a job as a judge is done correctly, fairly and with decorum to match...there should be no screaming, cursing, or acting like one is at a comic relief party..) We have seen instances of all of this in Butte.

Substitute just one "plague"  with just one "hearing", just one motion, just one huge mistake, etc. in any RFO hearing.  If it was a trial, you should have eliminated the issues ahead of time by

making what was really happening--very, very, very clear.  If judge didn't believe you it could be the attorney on the other side out-talked your rationale--I would need to know specifics.

Instead of complaining, figure out which actions you believe were either wrong, faulty,
improperly evaluated, done with no factual basis, no evidence, or otherwise, and then you will
eventually come down to likely three problems. Attorney usually works with cases that have
these faults, so is very familiar with these problems.

  Call attorney today, you may be able to fix the unfixable case you now have? !!