What does it take to get a domestic violence restraining order in California? According to a recent decision by the State’s Court of Appeal, there simply needs to be “an affidavit showing past abuse”. In other words, the person seeking the restraining order does not have to additionally prove that there is a probability…
San Diego is home to tens of thousands of military personnel, who get married, raise families, and on occasion get divorced like everyone else. While military servicemembers may encounter the same family law matters as everyone else, certain aspects of military life create challenges that require certain family law matters to be handled somewhat differently…
What happens if a divorcing husband’s parents are rich — very rich — and have a history of giving money to their son? Is the wife allowed to add up the money that her in-laws have given and use that to get higher child and spousal support? Not always, the California Court of Appeal said in…
“Oh, What a Night!” That’s the line from the famous song by Frankie Valli and the Four Seasons, and it is also the line that the winning party may want to be singing after last week’s major Family Law decision by the California Supreme Court. That’s because the winning party is Frank Valli, further made famous in the…
A San Diego police officer who has been arrested twice for domestic violence in the month and is currently under suspension from the police force has filed for divorce from his wife of four years. In the petition, the husband is asking for sole custody of the couple’s two young children, alleging this action is…
Just because it works on Law and Order or some other television show, doesn’t mean it works in California. The Commission on Judicial Performance has publicly admonished a California judge for being sarcastic. In one particularly, eggregious situation, the Hon. Ronald M. Sohigian overruled an attorney’s hearsay objection to a question. The attorney responded, “Your…
There is always a temptation to want to “tell all” in a divorce case. Well now, in a California divorce case, an appeals court has warned of the consequences of not telling all. The case is Marriage of Moore. The husband is a Chico Police officer. One of the benefits of his employment is a…
Normally, unpaid child support is like living life in the fast lane. Sooner or later, it is all going to catch up to you. In other words, unlike other unpaid debts, unpaid child support usually never goes away, which means that there is no statute of limitations regarding enforcement and the person to whom the…
Just last month in this blog we addressed the situation of a murder-suicide in Oceanside whose cause was being attributed to distraught feelings in a pending divorce (see Apparent Oceanside Murder-Suicide Linked to Pending Divorce, March 5, 2014). Those deaths occurred in February earlier this year. Coincidentally, a prosecution currently underway in San Diego Superior…
You have the right to remain silent. You have the right to confront witnesses against you. Yeah, yeah, yeah. You’ve heard that all before on television. But do you have a right to make sure some lawyer isn’t questioning your kid or telling the judge what your kid thinks about your divorce? Apparently the answer…
