Saturday, June 13, 2020

DOMESTIC VIOLENCE CRIMES, DV TRO CASES, AND CUSTODY--HOW IS IT AFFECTED



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 not exceptionally difficult 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.

BE AWARE THAT IF A CRIMINAL PROTECTIVE ORDER IS GRANTED, WHICH IS DONE BY THE DISTRICT ATTORNEY'S OFFICE, THIS WILL LIKELY MEAN CRIMINAL CHARGES HAVE BEEN FILED. IN MANY CASES, THE DISTRICT ATTORNEY DOES NOT FILE CHARGES, HOWEVER THERE ARE ENOUGH WHICH ARE FILED, WHICH CAN ESSENTIALLY RUIN YOUR CAREER.

MAVERICK PARALEGAL SERVICES NOR CAL AFFORDABLE HELP

Oct 19, 2019 - We can provide assistance with family law issues such as motions for modification, raise or lower support, change your current visitation ...

Affordable Paralegal Sacto/Roseville 916.877.5297 For Butte County call ... Sacto, Chico/Oroville 45% In some cases we may be able to provide Limited Scope Attorney Services  See this link for information on how it works, it may be right for your case..... .https://www.courts.ca.gov/1085.htm





Monday, January 20, 2020

Limited Scope Services May Help Your Case-Learn About It Now!

There are many cases that could likely benefit from Limited Scope Services, which basically means that an attorney will help on certain issue or issues only, and not the entire case. California courts already have the form for this in Family Law.




But, there are many times when limited-scope may not be a good choice, like when:
  • Your case has a lot of technical issues or is very time-sensitive. You can read about some of these cases by clicking “Types of cases where lawyers are necessary”.
  • You do not have the time to put into educating yourself and effectively handling many of the tasks that you need to do.
  • There is a lot of stake in your case, so if you lose, you could lose your home, lose rights to see your children, or owe a lot of money.
In making decisions about these issues, remember that the lawyer has the education and experience to work on the more technical parts of your case, guide you throughout the court process, and spot important legal issues that you may not see on your own.
You and the limited-scope lawyer will be working as a team, but it is your case. If you and the lawyer cannot agree on who should take on which parts of the case, or on decisions that need to be made in your case, you should listen to what the lawyer says.  If the lawyer feels strongly that the course you want to take is not in your best interests, listen carefully to the reasons why he or she is recommending you do something differently.
Read much more at link below, as Limited Scope Services May Help Your case, and hopefully you won't suffer as much.

https://www.courts.ca.gov/1085.htm