Domestic Violence

As recently reported by the Associated Press, Charlie Sheen’s plea deal was held up in court over disagreements. Originally charged with domestic violence for the abuse of his wife, the parties commenced negotiations to reach a plea deal. Contrary to the agreed upon bargain, the plea deal that was submitted to the judge was more lenient than intended. One of the stringent conditions was that Sheen was not to smoke while out of jail working.

Under California Penal Code § 273.5, any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of domestic violence. The punishment for the offense is a “wobbler,” which means that it can be prosecuted as a felony or a misdemeanor. Felonies are punishable by up to four years in state prison and a $6,000 fine; whereas misdemeanors are punishable by up to one year in county jail and the fine.

If you or a loved one is charged with domestic violence, then it is important to acquire competent attorneys capable of handling your case. With over 30 years of experience, the lawyers of Wallin & Klarich will present all available defenses in your case. Call us today at (888) 749-0034 or visit us online at www.wklaw.com. We will be there when you call.

Domestic violence is an unfortunate problem many people face in their lives. Victims of domestic violence are often forced to endure physical and emotional abuse. A troubling aspect of domestic violence is that it usually originates from someone who the victim knows well, and often times from someone the victim is in love with.

Despite any feelings of love, people often turn to the courts for help and protection. California courts allow victims of domestic violence to petition for a protective order. A domestic violence protective order may be obtained by a spouse, former spouse, cohabitant, former cohabitant, those in a past or current dating relationship, and those related by marriage.

A California domestic violence restraining order will guard the protected person from harassment and physical violence. Additionally, the domestic violence restraining order will order the abusive party to stay away from the protected party. If you are the victim of domestic violence, it is imperative that you obtain a restraining order to protect you and your loved ones.

In order to make sure that your rights are accurately and aggressively protected after a domestic violence incident in Southern California, you should contact the experienced Southern California law firm of Wallin & Klarich. Our restraining order attorneys have been helping individuals for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-749-7428 or visit www.wklaw.com to find out more about how we can help. We will be there when you call.

In In Re Marriage of MacManus, the appellate court held that the trial court properly considered the ex-spouse’s history of domestic violence in retroactively reallocating child support to spousal support.

When making an award for permanent spousal support, the trial court is required to consider and weigh the factors listed in section 4320 of the Family Code to the extent that they are related to the case. Temporary spousal support on the other hand is subject to the trial court’s broad discretion and the trial court may order any amount based on the party’s need and the other party’s ability to pay. Section 4320 directs the trial court to consider a history of domestic violence between the parties, including consideration of emotional distress resulting from domestic violence against the supported party by the supporting party where there is documented evidence of a history of domestic violence. This section also creates a rebuttable presumption against awarding support to an abusive spouse. The code further states that the criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award.

Here, the ex-spouse was incarcerated for domestic violence. After his release, the court sought to divide a trust account balance between the parties. $20,000 of the account had been set aside and distributed as child support. The court then reallocated the $20,000 amount to past spousal support. The appellate court found that the trial court properly considered the history of domestic violence as it resulted in the wife’s need and ex-spouse’s ability to pay. As a result, the wife was awarded the $20,000 as spousal support, therefore making ex-spouse responsible for monthly child support, in addition to the $20,000 for spousal support.

There are many factors that the court considers when awarding spousal supporting including any domestic violence. Therefore, it is important to retain the services of a knowledgeable Los Angeles spousal support family law attorney to advise you of the law and protect your interests. Wallin & Klarich has more than 30 years of experience in family law. If you are thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation or visit us on our website at www.wkfamily.com. We will be there when you call.

A minor can request a domestic violence restraining order against an adult or another minor. There is no age requirement for filing a domestic violence restraining order in California. Under specified circumstances, a minor may appear in Domestic Violence Prevention Act (DVPA) proceedings without counsel and without a guardian ad litem. However, a minor under age 12 seeking or opposing protective orders can only appear in court if they are accompanied by a guardian ad litem or counsel. A minor who is at least age 12 may appear in court without counsel, a guardian or guardian ad litem for the purpose of requesting or opposing a restraining order.

In order to file for a domestic violence restraining order, there must be a certain type of relationship in order for the restraining order to be valid under the Domestic Violence Prevention Act. The Act indicates that those entitled to protection include the following: a spouse, cohabitant, dating/engagement relationship, coparent, child, and blood relatives. Therefore, for example, a minor child can file a restraining order against another family member, step parent, etc.

In order to be successful in obtaining a domestic violence restraining order, it is important to base the request on who actually suffered the harm. Therefore, if the minor suffered the harm, the minor has to be listed as the person requesting the restraining order. The reasoning behind this is because a parent cannot file for a restraining order on behalf of their child unless the parent also suffered some injury of harassment, violence, etc. that would enable them to get the restraining order.

The Domestic Violence Prevention Act is very complicated. If you or a loved one has a family law issue, it is important that you talk to an experienced Southern California family law attorney. At Wallin & Klarich, our attorneys have over 30 years in handling all types of family law matters. Our attorneys will assist you in requesting your restraining order to make sure that the request is done properly. If the request is not proper, the court will deny the restraining order and you will not be protected by the law. Our attorneys will fight to get you the best possible result in your case. Call us today at (888) 749-7428 or visit us on our website at www.wklaw.com. We will be there when you call.

In another post, we discussed the first tip that you should follow when preparing to work with a lawyer for your child custody and/or visitation issue in court. Let’s go on to the second tip.

Second, remember that if you want to criticize the other parent about some aspect of his or her parenting, make sure you can prove that you are doing well in that aspect of parenting. It does not help much to point to the other parent’s deficiencies when you yourself are deficient. If you feel like you both have room for improvement, go ahead and say so. Offer suggestions on how you can both improve.

It is understandable that you are very emotional when it comes to your situation. On the other hand, the judge will appreciate your position more if you approach your situation objectively and fairly. Judges can frequently hold it against you if you decide to try to pull some punches. Judges will often try to figure out which party is acting fairly and appropriately, and which party is causing all the problems. You always want to take the high road. You certainly do not want the judge to think you’re the one making things difficult.

Wallin & Klarich has more than 30 years of experience in family law. Our child custody Orange County attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.

This is just the second of five tips, visit our blog again to continue reading Part 3.

An interesting story out of Massachusetts, posted on bostonherald.com, discusses the case of an artificially inseminated woman who was trying to force a Newton sperm bank to reveal the identity of her twin daughters’ father so she can sue him for child support. The woman, identified in court papers only as Jane Doe, was contesting a Probate and Family Court Judge’s dismissal of the original motion which was filed in 2006.

The father in this case, was a medical student at the time he donated sperm. The agreement he entered into with the sperm bank claimed his identity would be held “in strictest confidence.” The donor signed an agreement with the Newton center agreeing he would never try and find any children he may have sired. In return the center would protect his identity.

The woman is also seeking the identity of the man for another reason. She claims that she needs his latest medical records because of ailments the appellate court says “she claims her daughters have developed.” Those sicknesses include ectodermal dysplasia, which adversely affects the growth of hair and nails and can prevent children from sweating, making them intolerant to heat and fever.

Not all child support claims are this complicated. This instance is clearly a rare situation, but the complexities and importance of standard child support arrangements are very real, and affect millions of people throughout the U.S. The Orange County child support attorneys at Wallin & Klarich represent custodial and non-custodial spouses in all areas of child support law, helping to insure that your children get the financial support they need, renegotiating existing support orders, and establishing paternity.

Our attorneys have handled hundreds of divorces, child support and custody cases at Wallin & Klarich. We know parents in a child support case have a difficult job to do in balancing their personal and financial needs with the best interests of their children. We’re dedicated to helping smooth this transition for our clients and seeking the best possible outcome for your child support dispute. With sixteen attorneys in five Southern California counties, we can be there when you need us, wherever you are. For a consultation with an experienced family law attorney, call Wallin & Klarich today at 1-888-749-7428.

Source:http://www.bostonherald.com/news/regional/view/20090930appeals_court_denies_case_to_id_sperm_donor/srvc=home&position=recent

An article on examiner.com discusses the plight of victims with California domestic violence restraining orders that are finding that those restraining order documents are doing little in preventing their stalkers from tracking and harassing them online. By targeting blogs and social networking sites, these restrainees are able to continue to harass their victims, with little recourse for courts or authorities.

With the amazing popularity and worldwide commonality of the Internet, social networking sites, and blogs, it has become very easy for even those with limited computer experience to track the comings and goings of web surfers, using things like online hit counters and website statistic portals. However, prosecutors are reluctant to prosecute batterers for monitoring victim’s blogs and web sites claiming that the World Wide Web is public domain and that blogs and web sites are not protected.

The article explains that:

“Batterers are receiving what can best be described as a 21st Century free pass until law makers and victim advocates help to improve stalking and restraining order statutory language and guidelines to include the words “electronic monitoring of blogs and web sites” as violations and part of stalking statutory language.”

As our technology and the ways in which we communicate continue to evolve, it is important for our courts and legal system to keep pace. An experienced California restraining orders attorney at Wallin & Klarich can help insure that all issues and fears are addressed by the filing of your restraining order. Our attorneys can help the courts understand if you have special circumstances surrounding your case, insuring the best possible result for any legal action you decide to take.

Whether you need to file a restraining order or defend yourself against a restraining order, contact Wallin & Klarich Family Law to discuss your case. Call 1-888-749-7428 today for an evaluation.

A recent report in the examiner.com explains that women who are victims of domestic violence in California may be eligible for monetary relief through the California Employment Development Office. This is great news in these harsh economic times for many women who find themselves unable to work after falling victim to abuse.

According to an excerpt from the California Employment Development Department’s brochure:

“Individuals who are unemployed or unable to work due to domestic violence abuse may be eligible for partial wage replacement benefits from the Employment Development Department (EDD) through the Unemployment Insurance (UI) or State Disability Insurance (SDI) programs. These programs provide temporary payments to workers to ensure that some of life’s necessities can be met during periods of unemployment”.

The coverage can extend as far as to cover those who were forced to quit or leave their employment in order to protect themselves and their families. Very often, the EDD will need to see proof that all reasonable steps were taken to keep the job, such as requesting a transfer, leave of absence, or other workplace accommodation. As is the case with all Unemployment Insurance, individuals must also meet all other eligibility requirements, including being physically able to work and available for work, actively seeking work, and ready to accept work.

If you have been abused by a spouse, you can make claims to your house, finances and even custody of children. The first thing you need to do, however, is to protect yourself from your abuser, get out of the situation and make the violence or abuse stop. Our skilled Orange County domestic violence attorneys can help you file a restraining order if you have not done so, as well as beginning the process of seeking restitution for the losses you have suffered as a result of the domestic violence incidents you have suffered through. Contact Wallin & Klarich today by calling 1-888-749-7428 for a consultation of your case, we can help you.

A recent article published on sanluisobispo.com discusses the little known fact that as many as 900,000 men are victims of physical violence by a domestic partner, this according to a report by the Department of Justice on the National Violence Against Women Survey.

According to their website,

The National Domestic Violence Hotline was established in 1996 as a component of the Violence Against Women Act (VAWA), as a nonprofit organization that provides crisis intervention, information and referral to victims of domestic violence, perpetrators, friends and families. The Hotline answers a variety of calls and is a resource for domestic violence advocates government officials, law enforcement agencies and the general public.

The gender breakdown of callers to the hotline is 85 percent women to 15 percent men. Many male victims do not report or discuss abuse against them. Reports to police are also rare as most men do not call authorities unless injuries they sustain are serious enough to result in emergency medical care.

The Department of Justice reported on men who stay in abusive relationships. Their studied indicated that the top 3 reasons that a man will stay in an abusive relationship are:

1. Protecting their children
2. Assuming blame
3. Dependency

Regardless of your gender, if you are the victim of domestic violence, the first and most important step is to protect yourself from your abuser, get out of the situation and make the violence or abuse stop. There are many ways you can do this through the court system, including filing for a domestic violence restraining order to protect you, your family, and those residing with you. Call a Wallin & Klarich experienced Orange County domestic violence lawyer for a consultation at 1-888-749-7428.

A recent article out of Ohio, published on wnewsj.com discusses the recent change in policy in Ohio courts regarding the states lowered maximum payments for protection order cases for attorneys. The new maximum payment ceilings are under what many attorneys will accept in return for services in protection order cases.

According to the article, the maximum allowable funding for attorneys has been reduced to $60 an hour from $150 an hour with a new maximum per case of $1,320. The previous maximum was $2,500.

Without attorneys, victims of domestic violence must appear in court and testify against their accusers, something they could avoid if counsel appeared on their behalf. For many victims, that face to face confrontation proves to be too daunting a task. For this reason, protection order requests are dropping. Furthermore, many times in protection order cases, the individual who is having a restraining order filed against them will have counsel representing them in court. This unfair advantage can often tip the scales of justice in favor of the accused.

While these circumstances are for courts in Ohio, not California, the lesson that can be taken from them is very clear. In just about every instance, it is advisable to use the services of an experienced California family law attorney to help represent your interests. While attorney fees can be costly, they very well may save you money in the long run, not to mention the peace of mind that can come from having an experienced family law attorney representing your best interests at every turn.

The law offices of Wallin & Klarich make it easy for you to retain our services. In some cases, if you do not have the present ability to pay a retainer we may be able to take on your case and request that your spouse pay your legal fees. Our credit department works with our clients to make payment arrangements, including payment plans (upon approved credit). Contact our office to discuss your case at 1-888-749-7428 today.