Can I Be Arrested for Stalking My Own Spouse?
Can I Be Arrested for Stalking My Own Spouse?
California’s Laws Against Stalking Under California Penal Code Section 646.9, stalking is defined as willfully, maliciously, and repeatedly following or harassing another person. In order to convict you of stalking, the prosecution must prove that you: Willfully, maliciously, and repeatedly followed or willfully and maliciously harassed another person Made a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety…
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Fighting a False Accusation of Child Abuse
How Is Child Abuse Identified and Reported? As defined by the California Department of Education, child abuse or neglect can entail: Physical injury inflicted on a child Sexual abuse, assault, or exploitation of a child Neglect or maltreatment of a child that threatens the child’s health or welfare Willful harming or endangerment of a child Any cruel or inhumane corporal punishment resulting in a traumatic condition for the child Usually,…
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Depp v. Heard: Effects on Future Domestic Violence Cases
The Case In the now Internet-famous case between Johnny Depp and Amber Heard, a Virginia jury found that Depp was defamed by Heard when she wrote an op-ed in The Washington Post in December 2018 claiming that she was a domestic violence survivor. The actors were in a relationship for five years and married for over a year beginning in 2015, but separated in a divorce during which Heard accused…
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Domestic Violence Trends Skyrocket During Covid: 3 Signs of A Potentially Dangerous Domestic Relationship
The COVID-19 pandemic has caused people throughout the entire world to make changes and adaptations to their everyday lives. One of the changes that occurred forced many people to socially isolate themselves by quarantining in their own homes. Many people lost their jobs and those who did not were required to perform their jobs from home. The impact that COVID-19 caused on the social and livelihood stresses between families and…
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Can You Get Child Custody if Convicted of Domestic Battery?
The case of H.H. v. A.M. is about two separated parents fighting for custody of their child and determining a proper visiting schedule. The court gave the mother sole custody but allowed the visiting schedule to be joint by giving the father visiting time Tuesday through Friday. This meant the child lived with each parent approximately half the time and therefore undermined the sole custody awarded to the mother. The…
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How Do Domestic Violence Charges Get Dropped (PC 273.5)?
If you have been charged with domestic violence in California, you may be facing severe punishment. Corporal Injury on a spouse or cohabitant (California Penal Code Section 273.5) is punishable as a felony by up to four years in state prison and a $6,000 fine. If you are charged with a domestic violence crime, the first step you should take is to retain an attorney who is experienced in defending…
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5 Steps You Need To Immediately Take If You Are Accused of Domestic Violence
From the moment you are arrested for domestic violence, every choice you make has the potential to influence the outcome of your case. It is important that you act quickly and take the following steps so you can have the best possible chance to successfully defend yourself against these serious criminal charges. 1. Do Not Resist Arrest If you are being arrested, you may have an urge to resist the…
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How Wallin & Klarich Got Their Client Her 2 Children Back From Social Workers
How Wallin & Klarich Got Their Client Her 2 Children Back From Social Workers Our client was a highly successful business woman who was a single mom. She has 2 twin little girls who are just around 2 years old. While playing, one of her girls fell off of the mother’s bed and it resulted in visible bruising. Our client, who is a great mom, was concerned when her child…
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