Archive for the ‘Domestic Violence’ Category

Playmate of the Year Files Restraining Order Against Hugh Hefner’s Son

Tuesday, February 14th, 2012

2011 Playboy Playmate of the year, Claire Sinclair, has filed a restraining order against the 21-year-old son of Playboy founder Hugh Hefner. Police responded to the apartment that Sinclair shares with Marston Hefner following a domestic violence call. After discovering injuries on the Playmate, the younger Hefner was arrested. No word on if he has hired a domestic violence attorney, however Hefner has posted $20,000 bail.

The police report alleges that the young Hefner punched and kicked Sinclair and refused to let her leave the apartment. Sinclair filed for an emergency restraining order against Hefner on Monday morning with the Pasadena police department.

Domestic violence is considered a wobbler in California, meaning it can be charged as either a misdemeanor or a felony. Because the police report states visible bruising and red marks on Sinclair, there is a distinct possibility that Hefner could be charged with a felony.

If convicted, Hefner could face anything from probation up to a year in jail, as well as be ordered to complete a 52 week anger management course. However, it seems highly unlikely that Hefner would receive the maximum penalty.

In the much publicized domestic violence case between pop singers Chris Brown and Rihanna, Brown was sentenced to 5 years of probation, 1400 hours of community service and a restraining order was issued against him that runs through 2014. An investigation into the Brown case showed a history of domestic violence.

Details of the Hefner investigation are still murky, but as of right now, this appears to be a first time offense. Unless new evidence emerges, it is unlikely that Hefner would face any jail time for this incident.

Common Questions Regarding Domestic Violence

Wednesday, October 12th, 2011

Q: I was arrested for domestic violence, but the charges were eventually dropped. Will employers be able to see this? A: No. California law prohibits arrests that do not lead to conviction, BUT if you have been arrested and final judgment is pending, employers CAN see this information. Q: I have been convicted of domestic [...]

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Criminal Protective Orders in Domestic Violence Cases

Tuesday, August 3rd, 2010

If you are convicted of a domestic violence crime, the court will issue a criminal protective order. This order will most likely include a no contact order, a no negative contact order, or allow a peaceful exchange of children. A no contact order is an order preventing the defendant from making any contact with the [...]

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Charlie Sheen Plea Deal Held Up – California Penal Code § 273.5

Wednesday, June 16th, 2010

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 [...]

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How Obtaining a Domestic Violence Restraining Order Can Help Protect You and Your Family and How a Restraining Order Attorney Can Help You -California Penal Code Section 273.5

Friday, April 2nd, 2010

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 [...]

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Domestic Violence Can Affect Spousal Support – California Family Code Section 4320

Wednesday, March 17th, 2010

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 [...]

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Can a Minor File a Request for a Domestic Violence Restraining Order?

Friday, March 5th, 2010

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 [...]

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Five Things You Must do to Prepare for a Custody Dispute: Part 2

Friday, January 8th, 2010

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 [...]

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Court Denies Effort to ID Sperm Donor for Child Support

Wednesday, November 18th, 2009

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 [...]

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Restraining Orders Ineffective at Combating Cyberstalking

Monday, August 24th, 2009

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 [...]

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