Category: Domestic Violence

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, Domestic Violence, Marital Tort, sexual assault

Domestic Violence Family Law

Domestic Violence in Ventura County

Post author By Scott
Post date January 8, 2015

Ventura County has had 8,000 reported cases of domestic violence this year, ranking it amongst the top in all of California when it comes to domestic violence rates.

Increase in Domestic Violence Cases Since 2012

According to the California Department of Justice, in 2012 there were roughly 7,500 reported cases of domestic violence in Ventura County. This year, the California Department of Justice has received 8,000 cases of domestic violence, and reports that 14% of Ventura County residents have reported some form of domestic violence in their homes. The state average is 6.7%.

Why?

According to local social workers and law enforcement officials, there are numerous reasons for the high rate of domestic violence cases

Erik Sternad is the director of Camarillo based nonprofit Interface Children and Family Services. He says that money woes, substance abuse, and emotional immaturity are all common triggers for domestic violence. “We do know that abuse stretches across socioeconomic lines, and we know it is usually behavior passed from parent to child,” he said. Victims also commonly do not have outside support to turn to, thus leaving abusers free to take control of a victim’s life.

Domestic Violence Underreported

While Ventura County takes domestic violence seriously, incidents still go un-reported due to fear and lack of knowledge of outside sources such as outreach programs like Interface.

“Law enforcement in Ventura County takes domestic violence reports more seriously,” said Chief Deputy District Attorney Mike Frawley. “They follow up more than other counties. Even so, I think everybody can agree that domestic violence is still underreported.” Sternad agrees that educating the public is one way to cut down on domestic violence situations. “Interface uses outreach programs to help stop abuse before it happens,” he said, “and a school program is used to educate families that are at risk.”

“We are definitely seeing high levels of stress in families during the holidays,” he said. “This is really contributing to the abuse of children and spouses. Because of what we are seeing, we have doubled the amount of preventative education in schools, but funds are short.”

Source: Camarillo Acorn, County’s domestic violence rate one of highest in California, November 28, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Domestic Violence, Domestic Violence outreach, domestic violence rates, Ventura County

Child Custody Child Support Child Visitation Divorce Domestic Violence Family Law Move Aways (Child Relocation)

Child Custody and Move Aways

Post author By Scott
Post date December 30, 2014

Relocating to a new state or new country can be difficult. But that process can be made even more difficult when it means moving away with a child you share with your ex-spouse or partner.

Are You Allowed to Move Away?

The first thing you need to identify is if you are able to move away and relocate your child. A standard rule of thumb when it comes to child relocation and a permanent child custody and visitation order is that neither parent is able to relocate the child unless he or she has received consent (written consent) from the other parent or a court.

Allowing a Move Away

Family law courts consider a number of factors when considering allowing a move away. As always, the court takes the “best interest of the child” into account. These are the other factors a court considers:

Is the child stable in the current child custody arrangement
Where is the new location? How far away is it from the remaining parent’s household?
Financial impact (for both parents)
Age of the child
How is the current relationship between the parents and the child?
How is the co-parenting relationship between both parents?
What are the child’s wishes (dependent on the child’s age)?
Are there special accommodations needed for the child? Are they available in the new location?
What’s the reason for the move?
Additional factors the court deems fit to consider

To Note: California Family Code section 7501

Under the California Family Code section 7501, “a parent entitled to custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.” Therefore, the custodial parent of a child does not have to prove that the move away is necessary, since they have been awarded the legal right to have the child live with them.

Modification of Court Orders

A move away request is considered a modification of court orders. Therefore, it’s important to be mindful of the current custody and visitation rights you have prior to the move away. You will need to get the other parent’s written agreement as well as the court’s permission in order to proceed with your move away. You might want to consider working with a move away attorney to help that your move away is legally done and you don’t risk jeopardizing your current agreement.

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child relocation, Moving Away

Child Custody Child Support Child Visitation Divorce Domestic Violence Family Law Marital Property Division Spousal Support

Legal Separation Compared to Divorce

Post author By Scott
Post date December 26, 2014

The greatest difference between legal separation and divorce is that legal separation does not end a marriage or domestic partnership.

Understanding Legal Separation

Typically, spouses that seek a legal separation don’t want to get divorced, or aren’t get ready for divorce, but want to live apart. During this time of living apart, it’s important that certain legalities surrounding money, property, and parenting are agreed to, in order to avoid disputes. Often times legal separation is the first step towards divorce. And the formal judgment that is issued during legal separation can help address and resolve aspects of a marriage. Working out these various aspects of a marriage can help ease the tension of a divorce, should it go that direction. But spouses who are legally separated are not legally free to marry because a neither spouse’s legal status is returned to “single” in the separation process, unlike the divorce process.

During a legal separation your interests as a married couple are protected until a final decision to divorce is made. Often times, couples choose to just remain separated and never choose to pursue a legal divorce.

Issues Addressed in Legal Separation

Typically, during the separation process various things are dealt with, including: child custody, child visitation, child support, spousal support, marital property division, attorney fees, and personal conduct. The only thing that remains untouched is the actual marital status of the couple.

Why Pursue Legal Separation?

There are advantages with legal separation, including:

Spouses are able to maintain benefits such as a spouse’s health care plan or military benefits.
Staying legally married for 10 years allows couples certain social security benefits.
The separation period allows for a “cool off time,” during which parties can work to resolve their differences. Couples can then decide to either pursue a divorce or resume the marriage.
In some religions divorce is not allowed or recognized. Legal separation allows these religious couples to live separate lives while still remaining married and true their faith.
Legal separation can be used to solve immediate problems in couples who are uncertain about moving forward with divorce.

Source: Legal Match, What Is Legal Separation? 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child visitation, Divorce, legal separation, marital property division, Spousal Support

Child Custody Domestic Violence Family Law

Safe Ending to Domestic Violence Situation

Post author By Scott
Post date December 12, 2014

Children, Sports, and the Increasing Number of Brain Injuries

Four young brothers are now safely in police custody after being at the center of an alleged domestic violence situation.

Rescued and in Police Custody

Four young brothers were rescued after a dramatic hour-long standoff on a San Diego freeway overpass. The boys disappeared along with their parents, Daniel Perez, 43, and Erica Perez, 39, almost a week ago. An Amber Alert was issued following the discovery of a woman’s body in the trunk of the family’s Honda Accord. The woman was dead, and while police are still working to identify the body, it is presumed to be Erica Perez.

Tracking Down Alleged Domestic Violence Abuser

Utilizing Lo-Jack, police officers were able to track down the 2014 four-door Toyota Camry Daniel was driving at the time of his arrest. Police were able to stop the car on the overpass. Shortly after, two of the boys ran from the car towards police officers. Two other boys remained in the car along with Daniel. After a tense standoff involving at least ten police cars and the father of the boys, two specialized SWAT vehicles moved in to surround the car from the front and the back. At that point Daniel emerged from the driver’s side, while the two remaining boys emerged from the passenger side.

Daniel was tackled by police officers after making what appeared to be an attempt to climb over the freeway railing. The two sons that had remained in the car with him were surrounded by police.

Daniel was then taken into custody. All four boys appear to be unharmed and have been taken into custody by police.

History of Domestic Violence

According to family members, Daniel and Erica’s marriage was unstable, and the two had a history of domestic violence.

The four brothers, Jordan, Alex, Jaiden and Tristan Perez, aged 6 to 11, and their parents have been missing since Dec. 5, according to police.

Source: NBC Los Angeles, Boys Rescued After Amber Alert Standoff, December 11, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Domestic Violence

Domestic Violence Family Law

L.A. TV Reporter Arrested for Domestic Violence

Post author By Scott
Post date December 11, 2014

After allegedly throwing a flower pot as his wife, a Los Angeles TV reporter has been arrested and charged with felony domestic violence.

Domestic Violence

Domestic violence is legally defined as: a pattern of coercive and controlling behaviors and tactics that are employed by one person to gain power and control over another person. These behaviors include verbal abuse, financial abuse, emotional, sexual, and physical abuse. A felony domestic violence charge is a domestic violence situation that occurs between either people who are dating, parents and children, same-sex partners, and other residents of the same household. This type of charge is usually filed as the result of assault and battery between two spouses. This charge can also involve other crimes such as rape, sexual assaults, or kidnapping.

The Domestic Violence Attack

Carlos Zapata, 51, allegedly threw a flower pot at his wife during an argument at the couple’s home in Sherman Oaks. According to an LAPD spokesman, the flower pot struck the woman “full force.” Zapata is a reporter with the Spanish-language station KWHY-TV. He sometimes covers crime. According to the biography that used to be posted on KWHY’s website, Zapata is an award-winning journalist having worked in the U.S., Mexico and Puerto Rico.

If Convicted of Felony Domestic Violence

If convicted, he faces 10 years in state prison. He’s being charged with two counts of injuring a spouse, including one that resulted in great bodily damage. Zapata will be arraigned on Dec. 24.

Previous Attack

During his arrest, his wife told authorities of another fight the two had in November. According to her, that fight also ended in an attack.

Source: LA Times, TV reporter charged after seriously injuring wife with flower pot: D.A., December 10, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags assault, Domestic Violence, domestic violence charges, domestic violence lawyer, felony domestic violence

Divorce Domestic Violence Family Law High Net-Worth Divorce

Privacy and Divorce

Post author By Scott
Post date December 10, 2014

Negotiation versus Litigation in a Slip and Fall Case

When celebrities or high net worth couples divorce, it seems everyone knows, even when every attempt is made to keep it out of the public eye. Knowing that there are spying eyes is the first step in protecting private information.

Divorce in the Public Eye

Divorce can get ugly, it goes without saying. Warring couples can argue about anything. But perhaps the one thing they can agree on is the need to shield any children involved. For high net worth couples, they also seem to agree on the need to keep the family’s name and legacy in good standings.

According to partner and co-chair at Pryor Cashman LLP, Judith L. Poller, “Celebrity clients nearly always arrive at a settlement rather than going to trial. After legal costs, privacy concerns are probably the biggest reason why.”

Gain Control of Divorce

But often a high net worth spouse, in an effort to gain control during the divorce process, will leak any information they have, or authorize other members of their team to leak information on the other parent, according to Stacy D. Phillips, a founder and Managing Principal at Phillips Lerner LLC. In these cases, the children become collateral damage.

“Everyone understands that anything said in court is on the record. Some judges are more inclined than others to compel parties toward settlement by facilitating private backroom discussions. In California, where all filings, except paternity, are open to the public, clients have the ability to hire private judges to hear arguments and make rulings confidentially,” said Phillips. ”Even so, hearings before a private judge are considered public trials and technically anyone can attend, but in reality the press does not. And, all pleadings must still be filed at the public courthouse.”

Going Public

But even when court documents are sealed, it seems private information can still be leaked. “Tort claims often seek damages for wrongdoing not covered by marital law, including allegations of assault or sexually transmitted diseases. Even if unfounded these accusations can be incredibly harmful to business prospects and professional relationships,” said Poller. So, when pursuing your high net worth divorce, you should understand your jurisdictions laws regarding how proceedings and filings are kept private, while also ensuring your team of professionals is doing everything they can to ensure privacy for everyone involved.

Source: Forbes, Protecting Privacy In A Divorce, December 8, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, high net worth couple, High Net-Worth Divorce

Domestic Violence Family Law

Facing Domestic Violence Charges

Post author By Scott
Post date December 8, 2014

In California, when a person is charged with spousal abuse relating to domestic violence, there are two common charges. These two charges are: corporal injury to a spouse or spousal battery. Below we outline the differences between the two.

Corporal Injury to a Spouse

Corporal injury to a spouse or cohabitant is charged as a felony crime. This charge can be brought when a person willfully inflicts on his or her spouse, former spouse, cohabitant, former cohabitant, or on any person who is the parent of his or her child, corporal injury that results in a traumatic condition.

“Traumatic condition” is defined by the California Penal code as a condition of the body, such as a wound or injury, regardless of how serious that wound or injury is. Regardless of how slight an injury is, as long as there is an injury, an arrest will be made if police are called to the scene of a domestic violence incident.

Spousal Battery

Spousal battery is generally charged as a misdemeanor crime. California penal code defines battery as any willful and unlawful use of force or violence upon the person of another. A person can be charged with spousal battery when a person commits battery against a spouse, a cohabitant, former spouse, fiancée, or a person with whom the person accused of has previously dated or are dating. Injury is not required for a person to be charged with spousal battery.

Hiring a Lawyer for Domestic Violence Charges

If you are the victim of domestic violence, you need to contact a lawyer that will be able to protect you and defend your case. An attorney will be able to protect you and your family via various methods that include getting a restraining order or custody changes. A lawyer will be able to plead your case so that you feel safe and well represented.

Source: Sigal Law Group, Understanding Domestic Violence Charges , 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags corporal injury, Domestic Violence, spousal abuse, spousal battery.

Child Custody Domestic Violence

Fatal Child Custody Exchange

Post author By Scott
Post date November 21, 2014

According to Orange County sheriff’s officials, a Mission Viejo man shot and killed his wife during a child-custody exchange. He then shot himself.

Shooting

Deputies found the bodies of Scott E. Gimbell, 50, and Linda Sachs Gimbell, 44, of San Clemente, after responding to reports of shots fired at an apartment complex in the 26800 block of La Alameda in Mission Viejo. The bodies were found lying outside Linda’s vehicle in the parking area of the apartment complex. The Gimbels’ 13-year-old and 7 year-old children were also present during the shooting, but were not injured.

Child Custody Dispute

It’s believed that parents were handing off their daughter and son to one another in a custody exchange when the shooting occurred. Allegedly, the two had separated, and were embroiled in a custody dispute. The incident is being handled as a murder-suicide, according to authorities. Investigators believe Scott shot his wife with a handgun before killing himself. Their 13-year-old daughter called 911.

The Gimbel’s

Both Mr. Gimbel and Mrs. Sachs Gimbel had worked in the financial services industry. Mr. Gimbel founded Citywide bank in 1999. By 2005 Citywide was one of the nation’s largest mortgage brokerage firms. She had worked as a sales manager for Deutsche Bank prior to joining Citywide Mortgage Corporation. Linda’s friend, Jamie Melim wrote on Facebook: “My heart aches at the loss of a beautiful friend. She was smart, amazing and sooo funny! She was tragically taken from this world last night. She left behind two young children and a family that absolutely adored her.”

For advice on child custody, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Los Angeles Times, Man fatally shoots wife, then himself during child-custody exchange, November 1, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550