ATTORNEY SUPERVISED 25+YEARS, AFFORDABLE!

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-- DOCUMENTS DONE PROFESSIONALLY!!

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

Saturday, December 7, 2019

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.


Monday, August 12, 2019

Constitutional or Unconstitutional Seizure When Police Kill Your Dogs?


Pets are considered property under the law in nearly every respect, which creates challenges in determining their value in civil litigation. By and large, when a pet is killed—by police or civilians—the damages are limited to the animal’s economic value, though some states also allow for emotional damages, either by statute or common law.
Across the country, there have been some substantial, high-profile awards in cases in which judges found constitutional violations against owners.
It began in California in 2005, when the 9th U.S. Circuit Court of Appeals at San Francisco held that San Jose police officers committed an unconstitutional seizure in violation of the Fourth Amendment by killing three dogs during raids on a Hells Angels clubhouse and several members’ homes.
No one knows exactly how many pets are killed by law enforcement officers every year because there is no uniform reporting or collection of data on animal killings. The most widely cited estimate from the U.S. Department of Justice is that every day, police officers kill 25 to 30 dogs—or some 10,000 per year.


According to the American Pet Products Association, nearly 90 million dogs are now living in homes in the United States, and the number is rising every year. That raises the likelihood of police encountering dogs on the job.
Note: It could be an unconstitutional seizure/or taking even if your animals are seized improperly and never given back, or if you are accused of some charge of abuse when there was no abuse, or when the CA Penal Code for seizure is allegedly applied to your case, and the animal control, police, or other agency simply sweeps up everything you own, and you never, ever, get those animals back?  This is far, far more common that people realize, and we have animal rights people to thank for that. Many animal rights proponents are simply brazen zealots that want no pets and no animals owned, bought, or sold.  
For example, PETA believes no animals whatsoever should be owned, bought, or sold. In fact PETA will steal animals so they can kill them. Hard to believe, but PETA would rather kill animals than allow humans to own, buy or sell them. If you doubt this, you need to do some more research on PETA and their antics. Ingrid Newkirk (who is in charge of PETA, killed many, many animals when she worked in D.C. animal shelter; she worked overtime so she could kill more of them. Obviously all that killing led to her belief that the 'best gift one can give a homeless animal--is the gift of euthanasia.'It's obvious. NEVER donate to PETA. They are insane.

Tuesday, November 28, 2017

Difficult Family Law Issues--Contested Motions and Hearings


GET HELP BEFORE IT'S TOO LATE-- LOOK AT THIS STORY SO IT WON'T HAPPEN TO YOU!!!

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!!!!

Tuesday, April 26, 2016

Affordable Paralegal Services California Chico 530.359.8810 Sacramento 916.877.5297

Affordable Paralegal Document Services,

 Civil litigation

Family law

*Attorney Supervised*                      
                                                        

                                CHICO  (530) 359-8810

                            SACRAMENTO (916)877-5297       







Family law, civil contract disputes, collections, Discovery issues, objections, responses, modifications, petitions, answers, complaints, declarations , production of documents, objections to production, set aside of judgments, reconsiderations [must be timely!] and more.


If we cannot do the work we may be able to help you find someone who does.


We do not work on social security, workers comp, 
unemployment, disability, however --- we do work on DCSS issues occasionally [paperwork ONLY];  limited scope representation, 
especially in Family law, 
defense of TRO, Civil harassment, 
and urgent matters involving family law issues.


All California Counties

All counties in California, your local rules will apply and depend on your location.
We have done work for many counties, including as far South as San Diego, and as far North as Humboldt.

Experienced Document Servicing


We are experienced (over 20+ years) with the processing of legal documents including pleadings and judicial council forms, pre trial briefing, law and motion, and more.  All of our legal technicians have worked for law offices or are currently working in a law office under direct attorney supervision in California, doing litigation related tasks.