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