It depends. Courts take into account several factors when dealing with criminal convictions of a parent. If your conviction is domestic violence then this raises the biggest red flag for courts. So we will start here when dealing with domestic violence and child custody. Domestic Violence A domestic violence conviction can prevent you from seeing…
This will come as a sudden surprise. A quick text or phone call by your co-parent. You see that they are filing for an ex parte for emergency court orders. She is claiming that your child told the police that you hit him. You know it’s not true. Your child has been manipulated to lie…
False Domestic Violence Charges Some domestic violence charges are often he-said/she-said cases involving no injuries, no witnesses, and no photographs. These cases can be defended against very well because they don’t meet the burden of proof of beyond a reasonable doubt. They are weak cases often filed by prosecutors to be fishing expeditions to get…
Who Can Serve a Restraining Order? Anybody can serve a restraining order as long as it is not the person who filed for it. If you filed for a restraining order you must get somebody other than yourself to serve it, period. Typically people either get two types of servers to serve the restraining order:…
What do I Need to put a Restraining Order on Someone Restraining orders are court orders that prevent an individual from communicating, harassing, or coming near you. In normal circumstances, if someone you fear comes near you but does not threaten or hit you, the police can’t do anything about it. If, however, you have…
The California Highway Patrol just reached a $1.5 million settlement with the woman beaten at the hands of CHP officer Daniel Andrew. Video of the beating became viral last July when 51 year old Marlene Pinnock was apprehended by a CHP officer on the 10 freeway. Andrew, an officer with only two years of experience,…
How do you know you have a winning domestic violence defense strategy? Read below: Self-Defense This is the most widely used domestic violence defense strategy. If you are charged with domestic violence, but you were merely attacking in order to defense yourself, then you are not guilty of domestic violence. Self-defense means that you reasonably…
The Basics of VC 12500 California Vehicle Code Section 12500 or VC 12500(a) requires you to have a valid license to drive a car in California. Seems simple enough right? You gotta have a license to drive, everyone knows that by the time they are old enough to drive. No license? Pulled over? You…
This past April, the United States Supreme Court ruled on Missouri v. McNeely and held that law enforcement must (in most cases) get a warrant before taking a non-consensual blood sample to test a driver’s blood alcohol level. Of course, like most anything in law there are exceptions. In McNeely, the defendant was stopped early…
Recently had a client charged with an unusual crime, to wit: Being in a drugged area. Had to actually look it up in the California penal code, and it looks like a classic example of legislative overreach. In the usual enthusiasm to maximize crime and punishment someone clearly thought it would be much easier if…
