Southern California Family Law Blog

police take child - child dependencyRecently, we represented a young college student who came home to visit Southern California while on winter break from school. Learning she was in town, an ex-boyfriend asked her to dinner, hoping to bring a new spark to an old flame.

The dinner did not go well. Our client rejected her ex’s advances and asked to be taken home. The ex-boyfriend eventually did, but verbally and physically assaulted her while doing so, even taking her phone from her to try to go through it to look for evidence that she may have had a different boyfriend.

Our client defended herself and left scratches on his neck. Seeing what was happening, a neighbor called the police and reported that she witnessed him physically assaulting the client.

However, when the police arrived, they arrested our client because the ex-boyfriend said she assaulted him, and he had scratches on him while she did not have any marks on her body.

No matter how many years an officer has worked in law enforcement, he or she can make a mistake. Our client was charged with misdemeanor domestic violence causing injury because although the client and her ex-boyfriend were not currently in a relationship, domestic violence charges apply to ex-partners as well.

Righting a Wrong

Our client faced up to 364 days in custody and mandatory completion of a yearlong domestic violence education program.

Additionally, California law imposes a 10-year prohibition on owning, using, or possessing a firearm for a person convicted of a domestic violence charge, and federal law imposes a lifetime ban on owning, using, or possessing a firearm for a misdemeanor domestic violence conviction.

Our client retained us, and we quickly went to work. We presented her side of the story to the district attorney, including the recorded 911-call in which the neighbor clearly states that the ex-boyfriend is the person assaulting the client.

With this evidence, the district attorney realized the mistake was made and asked the court to dismiss the case.

The Best Possible Outcome

We strive for the best possible outcome in all of our cases, and obviously, this result could not have been better for our client.

She avoided a misdemeanor conviction and will maintain a clean criminal record. She will be able to remain a student at a well-respected university, and her dream to attend graduate school remains in her future.

Contact the Domestic Violence Defense Attorneys at Wallin & Klarich

At Wallin & Klarich, we know that even the most well-intentioned police officers make mistakes, and many times, innocent people are arrested for crimes they did not commit.

Our attorneys have more than 35 years of experience fighting to get the best result for our clients who are facing domestic violence charges. We are always available to answer your questions and will use all of our legal skills and knowledge to help you receive the best possible outcome in your case.

With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, there is an experienced and skilled Wallin & Klarich criminal defense attorney available to help you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will be there when you call.

Why You Should Have an Attorney File for a Domestic Violence Restraining Order

In California, if you are threatened or abused by someone with whom you have a close personal relationship, you can seek the help of the court in keeping that person away from you. The tool used to keep that person away from you is called a Domestic Violence Restraining Order (DVRO), and it can be a very effective way to separate yourself from the person who is dan… Continue Reading.......

Can a Domestic Battery Conviction Be Removed from My Record?

Having a conviction for domestic battery under Penal Code section 243(e)(1) can have a dramatic effect on your life. Even after you have paid your debt to society by finishing your sentence, you may still find that your life is more difficult than it was before your conviction. You may be denied housing, job and school opportunities, and professional licens… Continue Reading.......
Domestic Violence (2)

Domestic Violence Convictions Take Away Your Right to Bear Arms

The Second Amendment to the United States Constitution protects your right to keep and bear a firearm. However, under a new law that took effect on January 1, 2019, a conviction for domestic violence in California strips you of this right unless, under limited circumstances, you are pardoned or have your conviction expunged.

A Change to PC § 273.5 – Co

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New California Law Recognizes Pets as Family in Divorce

Divorce cases are often messy battles where bitterness and anger becomes a motivating force for the parties involved. Divorcing couples often find it difficult to maintain civility when child custody, spousal support and valued possessions are being split up. Determining custody of pets can be especially difficult because family law courts have treat… Continue Reading.......

How to Share a Residence While Divorce is Pending

Many couples who are getting divorced realize that moving out of the family home is not easy. That is why some divorcing couples choose to stay in the same home during the divorce process. However, this can be very difficult for all members of the family. If you plan to share a home with your soon-to-be ex-spouse, follow these tips.

Determine Financial Respons

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How to Avoid Going to Court for Child Custody

Custody disputes are never easy. In most cases, each parent thinks their child would be better off in their custody, and it often turns into a competition between parents. That is why attempting to settle custody matters before going to family law court may be best for all parties. So, how can you avoid the judges, litigation, testimony and expensive court fe… Continue Reading.......

Why Are There So Many Divorces in January?

With the start of a new year, many people make New Year’s resolutions. They may pledge to be healthier or to save more money. However, for many others, the start of a new year brings an even bigger change to their lives: divorce. Aside from marking the start of a new year, the first of January also is the beginning of “Divorce Season.” Starting in January and throu… Continue Reading.......

Completing a Child Dependency Reunification Plan

During a child dependency, your child will likely be taken from you to live with a family member or placed in a foster home. For both you and your child, the duration of the case will be a time filled with anxiety and fear of what could happen if the court does not decide in your favor. Fortunately, the courts are generally willing to give parents an opportunity to p… Continue Reading.......