orange county divorce attorneys

It was recently reported by TMZ that Jesse James’ ex-wife, Janine Lindemulder, is tasking the judge to hold James in contempt for refusing to allow her to see their six year old daughter in a court ordered visitation. James allegedly refused to follow the order because he believes that Janine is a drug addict and their daughter would be at risk. Lindmulder responded by stating that she would submit to a drug test.

It is the stated policy of California under California Family Code (CFC), Sections 3020-3032 and 3080-3089, to assure that the health, safety, and welfare of any involved children will be the court’s primary concern when making any orders regarding the physical or legal custody, or visitation of children. Therefore, the court attempts to make sure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship.

Under CFC Section 3080, parents are encouraged to share the rights and responsibilities of child rearing, predominantly through joint custody, in order to ensure the health, safety and welfare of any involved children. However, where the contact between a parent and a child would not be in the best interest of the child – such as in cases of abuse, neglect, or crime – other custodial arrangements will be made.

The best possible child custody arrangement is essential to the well being of your children. It is therefore necessary that you retain our experienced legal representation as soon as you can. The child custody attorneys at Wallin & Klarich have been handling custody arrangements for more than 30 years. Our Southern California attorneys will conduct a thorough review of the details of your case, and will advocate on your behalf to get you and your family the best possible outcome. Call Wallin & Klarich today at (888) 749-7428 and visit us on our website at www.wkfamilylaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

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.

It was recently reported by ABC News that Bruce Beresford-Redman left Mexico without the Mexican authorities’ knowledge or consent. While Bruce and his wife, Monica, were on vacation in Cancun, his wife was murdered. He has yet to be charged with any crimes, but Mexican authorities have named Bruce as a person of interest in his wife’s death. There is also a separate California child custody case to decide who will get ultimate custody of Bruce and Monica’s children.

It is the stated policy of California under California Family Code (CFC), Sections 3020-3032 and 3080-3089, to assure that the health, safety, and welfare of any involved children will be the court’s primary concern when making any orders regarding the physical or legal custody, or visitation of children. Therefore, the court attempts to make sure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship.

Under CFC Section 3080, parents are encouraged to share the rights and responsibilities of child rearing, predominantly through joint custody, in order to ensure the health, safety and welfare of any involved children. However, where the contact between a parent and a child would not be in the best interest of the child – such as in cases of abuse, neglect, or crime – other custodial arrangements will be made.

The best possible child custody arrangement is essential to the well-being of your children. It is therefore necessary that you retain our experienced Southern California child custody lawyer as soon as you can. The child custody attorneys at Wallin & Klarich have been handling custody arrangements for more than 30 years. Our Southern California attorneys will conduct a thorough review of the details of your case, and will advocate on your behalf to get you and your family the best possible outcome. Call Wallin & Klarich today at (888) —— and visit us on our website at www.wklaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

A California Court of Appeals recently held that a restraining order cannot be issued under the Domestic Violence Prevention Act unless there was abusive conduct that placed victim in reasonable apprehension of injury. In S.M. v. E.P. No., D055230, proof of badgering without physical violence is not enough for the court to issue a restraining order. Without physical confrontation, it would be difficult for words to place one in reasonable apprehension of imminent serious bodily injury. While the trial court granted the restraining order, it was declared improper on appeal.

Pursuant to California Family Code §§ 6300 and 6306, a restraining order may only be issued to prevent a recurrence of domestic violence if there is reasonable proof of past abuse. Courts issue restraining orders to protect a person from physical pain, injury, and threats of physical pain or injury. These may be issued against a family member, a member of the household, or a stalker.

Domestic violence, more specifically, pertains to abuse perpetrated between a person and their spouse, cohabitant, person in a past intimate relationship, or one’s child. CFC § 6211. But for an act to qualify as abuse, one must intentionally or recklessly cause or attempt to cause bodily harm, commit sexual assault, or place a person in reasonably apprehension of imminent serious bodily harm. CFC § 6203. Words alone, however, would rarely give rise to a domestic violence claim.

Additionally, if a restraining order is issued before or in the midst of a child custody dispute, then it may prevent the recipient of that order from gaining custody. CFC § 3044.

Though the law may seem organized and straight-forward on its face, this is rarely the case. Family law is a complex area and it takes someone with intimate knowledge of the law and experience navigating local courts to get you the best possible result in your case. It is vitally important for you to hire an experienced Southern California Family Law Attorney to make your case. With over 30 years of experience, Wallin & Klarich have handled thousands of family law cases. We know that your family and children are important to you and we feel the same way. Call us at (888) 749-7428 begin_of_the_skype_highlighting              (888) 749-7428      end_of_the_skype_highlighting or contact us on our website at www.wkfamilylaw.com. We will be there when you call.

There are two general types of divorces – uncontested divorces and contested divorces. In an uncontested divorce, an agreement is reached by both spouses as to all aspects of the divorce. The spouses agree on matters like how to divide their assets, how to divide child custody, who will pay child support and how much will be paid, and who will pay alimony as well as the amount of the alimony. In an uncontested case, you often won’t have to appear before a judge.

A contested divorce is one in which the spouses cannot reach an agreement on one or more items involved in the divorce proceedings, such as property division, child support, child custody, or alimony. Often a judge will become involved in a contested divorce to help settle the differences if they are not resolved in mediation or negotiations. However, if with the help of attorneys in mediation or through negotiations, agreements can be made without appearing in court.

In both types of divorces, it is important to contact a skilled and experienced San Diego Family Law attorney. A knowledgeable San Diego Family Law attorney will help guide you through your divorce proceedings and make it go as smoothly as possible. At Wallin and Klarich, we can provide you with a San Diego Family Law attorney who has the expertise and experience needed to help you in your divorce case. Contact us today.

News 5 WLWT reported on the divorce papers filed this month by David Tehan in Xenia, Ohio. Tehan is the current husband of Tiffany Tehan. Tiffany Tehan was recently in the news for her disappearance in April of this year. Tiffany Tehan and her boyfriend, Tre Hutcherson, ran away to Florida on April 17, 2010. Hutcherson and Tehan left her vehicle at a parking lot with slashed tires which led to police to assume she had been abducted after her husband reported her missing. Both Hutcherson and Tehan were located five days later in Miami Beach, Florida. David Tehan began the divorce proceedings by filing for legal separation from Tiffany and he is also seeking sole custody of the couple’s 1 year-old daughter.

In the case above, a legal separation was initially filed in preparation for the divorce proceedings. This is sometimes an option in the state of California if for example you are not a resident of the state. In the state of California in order to qualify for a divorce, you must have resided in the state for a total of six months. However, you can qualify to file for a legal separation no matter how long you have lived in the state.

If you or a loved one is planning to file for a divorce or is currently going through a divorce, contact our knowledgeable San Diego Family Law attorneys at Wallin and Klarich. Our San Diego Family Law attorneys can offer you their expertise on family law as related to your divorce case including issues like child custody, child support, or spousal support. Our San Diego Family Law attorneys understand the complexities of a divorce case and will work to help you through the process. Contact us today.

Many people find themselves unhappy in their current locale when going through a divorce. Some people just need a change of scenery. Some people get a job in a new location. Others move closer to other family members. All these people end up asking the same question: “Can I move my court case from one county to another county?” Changing your court case from one location to another (whether between counties or within one county) is called a change of venue.

In order to change venue, you need to first file a motion to change venue. A motion to change venue should be filed, preferably, before a response to the dissolution petition is filed. Otherwise, the motion should be filed as early as possible. The later the motion is filed and the longer a case has been going on, the harder it will be to convince a judge to allow the change in venue.

When hearing a motion to change venue, a judge will consider several factors, including: where the witnesses and other evidence is, where the parties and children live, and the general convenience of moving the case somewhere else versus keeping it where it is. The motion to change venue is filed in the court that has the case, not in the court where you want the case to be moved to.

Wallin & Klarich is experienced in filing and opposing motions to change venue. We have attorneys throughout Southern California, and our attorneys work together when changing venue so that when one lawyer passes a case from one county to another, the transition is smooth. In other words, if your case is now in Orange County and you want to move it to Ventura County, you can hire Wallin & Klarich to handle the case in both counties. One lawyer will file the motion in Orange County, and when the motion is granted, our family lawyer in Ventura County will handle the case from there. This is helpful for you because it means you only need one firm to handle the case, and you will always be with a lawyer who is familiar with the court.

If you are considering changing the venue of your family law case or have any other family law matters, it is important that you speak with an experience family law attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in dealing with family law matters. Our attorneys will give you the quality representation you deserve and fight to get you the best possible result in your case. We will help you resolve your matter in the smoothest and best way possible. Call us today at (888) 749-7428 or visit us on our website at www.wkfamilylaw.com. We will be there when you call.

James Van Der Beek who is known for his role in Dawson’s Creek, filed for divorce from his wife Heather citing irreconcilable differences. They have been married for six years. The couple does not have children which will make the divorce process a little less complicated.

Even when a party does not have children, it is still important to seek legal counsel. Parties will have to divide all assets and debts so it is important to know what your legal rights are and what you are entitled to. In addition, Heather will likely seek spousal support for half the length of the marriage, which could be a lot of money each month, depending on James’ current income. In California, for short term marriages, marriages less than 10 years, the court can order that one party pay the other party spousal support for half the length of the marriage. This spousal support is to assist the other party in getting back on their feet and becoming self sufficient.

It is important, with or without children, and no matter how large or small the property assets are, to consult with an attorney to know what your rights are and assist you in the divorce process.

Wallin & Klarich has more than 30 years of experience in family law. Our Orange County divorce 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.