Butte

Butte

Saturday, October 19, 2019

Paradise Area and Affected Burn Area

We can still provide paralegal and perhaps even low cost legal help for local clients that qualify.
Most of the work that can be done will be in  family law or civil, or animal law cases.

Clients with evictions can get help down at SHARP in Chico, not sure about small claims.

We work on a sliding scale for moderate means to fee waivers.

Custody hearings, mediation, and Requests for Orders, DV TRO cases,etc. we usually can help with.









Help with Family Law Issues and Documents

We can provide assistance with family law issues such as motions for modification, raise or lower support, change your current visitation situation, or possibly Domestic Violence issues.  All of our work is attorney-supervised.

For more information on attorney, see https://affordablefamilylawattorneychico.blogspot.com/  Attorney has worked in family law for
many years and has helped many clients on their cases. This includes cases from Sacramento, Chico, Roseville and Placer County, Elk Grove and more.




Domestic Violence Crimes Examples............. Most of the ones immediately below, can possibly
cause you to be charged criminally, it likely would depend on the exact circumstances and the possibility that you already have a criminal record..............
 The enumerated Penal Codes below are found on the Shouse criminal law site online, these are NOT all that one could be convicted of, but just a named few.............

  • 3.1. Penal Code 273.5, corporal injury to a spouse or inhabitant
  • 3.2. Penal Code 243(e)(1), domestic battery
  • 3.3. Penal Code 273d, child abuse
  • 3.4. Penal Code 273a, child endangerment
  • 3.5. Penal Code 270, child neglect/failure to provide care
  •  Penal Code 653.2, posting harmful information on the internet
  • Penal Code 653.2 PC – Electronic communication device; prohibited distribution or publication of personal identifying information; definitions. (“(a) Every person who, with intent to place another person in reasonable fear for his or her safety, or the safety of the other person's immediate family, by means of an electronic communication device, and without consent of the other person, and for the purpose of imminently causing that other person unwanted physical contact, injury, or harassment, by a third party, electronically distributes, publishes, e-mails, hyperlinks, or makes available for downloading, personal identifying information, including, but not limited to, a digital image of another person, or an electronic message of a harassing nature about another person, which would be likely to incite or produce that unlawful action, is guilty of a misdemeanor punishable by up to one year in a county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. 
  • (b) For purposes of this section, “electronic communication device” includes, but is not limited to, telephones, cell phones, computers, Internet Web pages or sites, Internet phones, hybrid cellular/Internet/wireless devices, personal digital assistants (PDAs) , video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term is defined in Section 2510(12) of Title 18 of the United States Code. 
  • (c) For purposes of this section, the following terms apply: (1) “Harassment” means a knowing and willful course of conduct directed at a specific person that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing the person and that serves no legitimate purpose. (2) “Of a harassing nature” means of a nature that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing of the person and that serves no legitimate purpose.”)

Domestic violence TROs are actually fairly easy to obtain, and Judges know this.

 Many parents actually make up facts just to get the DV TRO in the first place? Obviously things like child abuse, elder abuse, child endangerment and neglect might actually cause you to lose your kids, or worse; however, many domestic violence issues involve things such as posting private material, on the Internet; such conduct might not necessarily get you into jail, but it would not be something judges like to see?

 Looking at the DV TRO forms, one can obviously see that MANY things can rise to the level of "domestic violence"...

IF YOU HAVE A DOMESTIC VIOLENCE TRO CASE AND YOU DON'T BELIEVE YOU
CAN OBTAIN A TRO, CONTACT US. WE WILL BE HAPPY TO GIVE AN OPINION.

Tuesday, February 5, 2019

Difficult Family Law Issues--Contested Motions and Hearings

Litigants in family law for California represent at least 70% or more of the caseload in
Family law hearings. Judges routinely become weary of handling these cases, as many
litigants are not able to clearly state or argue their cases. In particular, community asset
cases may detrimentally suffer.  We have seen one case north of Sacramento, end up in
a disaster where the wife had a $100,000 down payment (cash) on a house she paid about
$240,000 for.....this was a separate property.


Wife made payments even while married so she started out with a high equity. At time of
divorce her equity was zero and the house had a value of possibly $165k. The judge (who
was a commissioner GAVE THE HOUSE AWAY TO THE HUSBAND and forced the wife
to sign over the title???  Not only is this improper, what should have been done was to
allow the wife to seek (a) time to (b) obtain special financing or (c) to modify the loan or
to (d) borrow or restructure or (e) take possession of house and rent out all the rooms.

In NO CASE should the HUSBAND have been granted the house outright. A challenge
post judgment was made and Judge denied it, claiming that Wife was saying that Judge
was "wrong" (which he was) and Judge claimed he could do this because he could "equalize"
the financial situation as he saw fit. Although judges have discretion on this, they do NOT
have discretion to simply give away a property at that time without offering a potential
solution first. All family law specialists know this, and that would not have happened if
the client had been represented.

A claim for separate property reimbursement which normally would come off the top
of any property that it can be traced to (community usually) is the first step--but the property
usually must have equity. However since real estate equity will obviously vary and change
by the seasons, normally we do not just GIVE IT AWAY to the other party.

If you ever see this situation, make sure either you or whoever has the predicament does NOT
allow any commissioner or Judge to just give away that property to the other person.