Tag: Domestic Violence

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Child Custody Divorce Domestic Violence Family Law High Net-Worth Divorce

Pitt Faces Allegations of Abuse

It appears that Brad Pitt might have a bit of a custody fight on his hands amid new allegations of child abuse.

Pitt Faces Allegations of Abuse

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Last week it appears Angelina Jolie’s camp launched a story about Brad Pitt allegedly getting into a physical altercation with oldest son, Maddox, during a flight from France to the U.S. Website TMZ announced last week that Pitt had allegedly got “verbally abusive” and “physical” with Maddox during an incident last week.

While Pitt has not addressed the allegations, a source has confirmed that Pitt was inebriated at the time of the incident and that he Angelina Jolie were involved in an argument. Additionally, there was a “parent-child argument which was not handled in the right way and escalated more than it should have.”

According to another source, “Brad made contact with Maddox in the shoulder area, and there was absolutely no physical injury to him.” The source went on to explain, “He is emphatic that it did not reach the level of physical abuse, that no one was physically harmed. He put his hands on him, yes, because the confrontation was spiraling out of control.”

Pitt has six kids with Jolie. Maddox is their eldest and is the only child Jolie had adopted on her own before the couple were together.

Irreconcilable Differences

Jolie cited irreconcilable differences in her divorce filing a few weeks ago. The couple has been together for 12 years, but only married for two. Jolie is seeking sole physical custody of all six kids and has requested that Pitt be given legal custody and visitation rights.

It is unclear how these allegations will affect the decisions regarding child custody. It appears the FBI is evaluating if an investigation into the allegations needs to happen. If an investigation does follow, its findings will most likely play a huge role in the determination of child custody rights awarded to Pitt.

Domestic Violence Allegations

Domestic Violence can be defined as a “violent confrontation that occurs between family members or between people who live together or are in a dating relationship. Domestic violence follows a broad spectrum of participants but always involves abuse in one form or another, whether it be physical, psychological or emotional. Whether you are referring to a domestic violence dispute between husband and wife, boyfriend and girlfriend, father and son, father and daughter, mother and son, mother and daughter or some other familial combination, domestic violence carries with it longstanding emotional and psychological scars that extend far beyond the physical.

In a large majority of domestic violence cases the woman is most often the victim, however not in all. Weapons are sometimes employed, property is damaged and alcohol and drug use are often at the source. In the state of California, domestic violence is not taken lightly and you should seek legal assistance if you or someone you love has been the victim of a domestic violence situation. A skilled Pasadena domestic violence attorney at the Southern California Divorce Law LA are here to educate and support you through this process.

Domestic Violence Misdemeanor Conviction

In terms of Family Law, a misdemeanor conviction for domestic violence carries mandatory jail time and can result in the unfortunate loss of custody of your children or visitation privileges. Other negative impacts may be a loss of employment, incarceration, excessive fines and legal fees and possible deportation if not a US citizen.

Regardless of whether you are a man or a woman, in the state of California, a domestic violence misdemeanor conviction suggests that your ability to safely care for your children as their primary custodian is questionable. You will be presumed unfit for their ongoing care and responsibility. Losing your children over a domestic violence dispute is a tragic repercussion that impacts all parties involved, most notably your child.

If you have been convicted of a domestic violence misdemeanor, according to federal law you cannot legally carry a firearm and if you are a law enforcement officer or military personnel, a domestic violence conviction often signals the end of your career.

What Constitutes Domestic Violence

Regardless of whether a dispute occurs between spouses, domestic partners, boyfriend and girlfriend, parents and children, same sex couples, blood relatives (siblings, cousins, aunts, uncles, grandparents, etc.) or housemates – all domestic violence disputes between the above combination of individuals carries the domestic violence charge. Domestic violence misdemeanors remain permanently on your record and can be used against you in future crimes for 7 years following initial conviction. Offenses compound, and aligning yourself with a skilled Pasadena Domestic Violence Attorney is essential to fully understand your rights and to seek a reduced sentence and favorable outcome.

Domestic Violence and Child Custody

If you believe your co-parent is unfit to take on parenting responsibilities, you will most likely want to work with a family law attorney that will be able to handle a request for sole child custody. Your lawyer will help you prepare a petition to be granted sole cusotdy and once you have filed your petition to be granted sole child custody you will receive a date for either a mediation session or a court hearing. You’ll want to be prepared going into this meeting. Here are some steps to prepare.

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Work with Your Family Law Attorney

Your family law attorney will help you prepare for the mediation or court hearing. If you have been working with a family law attorney up to this point, chances are you have already built your case for why the other parent is unfit to raise the child or children you share. If you have not been working with a family law attorney, you will need to gather evidence of this on your own. We’ll discuss this more in depth further below.

Serve the Other Parent

After the petition has been filed, you’ll need to let the other parent know that you have done so and that you are requesting that a change be made to the current custody agreement. You can either work with your family law attorney to have the notification served, or work with a service company or the courthouse to have this done.  Once the notification is served, the person who served the papers will need to provide you with proof that the other parent has been made aware. This is called “Proof of Service.” You’ll need to provide this to the court.

Preparing Evidence

Family law courts prefer to award joint custody to both parents. Because of this, you will need to prove that the other parent is unfit and unable to handle custody of your child. This may be proven a number of ways. Here are a few examples:

  • A history of abuse or neglect. Are there any police reports that have been filed against the other parent? Are there other pieces of evidence? Are there witnesses that can corroborate your story?
  • Lifestyle. Does the other parent have a job? Is it a steady job that can ensure the other parent is able to financially take care of the child? Where does the other parent live? Is it a safe environment?
  • Emotional and physical health. Is the other parent physically and mentally able to care for the child?

Once you have prepared all your evidence, either on your own or with the help of a family law attorney, you will be ready for the mediation or court hearing. If during the mediation session you are unable to come to an agreement, then the case will need to go before a judge. Hopefully, either through mediation or the court hearing, you will then be granted with sole child custody.

It should be noted that if a parent strongly disagrees with how the court has decided on the custody case, there is always an option to appeal.

Appealing Child Custody Decisions

Child custody cases are difficult due to the nature of the subject. A family law court will always rule in the best interest of the child. It’s important to note that an appeals court will not review a case just because one party disagrees with what the judge decided. If you feel your child custody agreement was arrived at because the court made a substantive error (either procedural or legal) you are able to appeal the court’s decision. Here’s how to appeal a child custody ruling.

Work with a Family Law Attorney

Working with a family law attorney will help you prove your case. In the case of appealing an already decided agreement, the family law attorney will need to prove that the previous decision was arrived at inaccurately due to a legal error or a procedural error.

Rules of Your Jurisdiction

Every state has different rules that given child custody cases and appeals. A family law attorney will be familiar with the rules of your specific jurisdiction and will be able to help guide you through the process. If you are not working with a family law attorney, you will need to research the rules on your own. These jurisdiction rules govern what your timeline is for filing an appeal to your child custody case, as well as exact guidelines for what should be contained in the petition to appeal. You can find these rules online or at your local courthouse.

Prepare an Appellate Petition

Next, you will need to prepare an appellate petition. This petition outlines why you are appealing the current child custody decision, as well as lists the errors that the lower court made when deciding on your child custody decision. If you are not working with a family law attorney, you might want to have the petition you fill out reviewed by one, just to ensure it has been done correctly. Next, you will file this petition with the court, as well as have a notification of the filing served to your opposing party.

Review of Appellate Petition

The court will then review the appellate petition and decide whether or not to hear your child custody appeal. If the court decides to hear your case, you will need to prepare a brief that explains your reasons for appealing the initial child custody agreement. This brief should include the lower court’s rules, case law, and all the facts that were presented in the initial custody hearing. A judge will review this and offer a final decision.

When parents live in different locations, either different states, countries, or even towns, the issue of child custody can become very difficult. It’s not uncommon for parents to request move away court orders.

Working with A Family Law Attorney

When it comes to child custody decisions, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered, namely the best interests of the child, but also what type of custody you are hoping to acheive. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

 

Categories
Divorce Domestic Violence Family Law High Net-Worth Divorce Marital Property Division Spousal Support

Is Amber Heard Just Seeking Spousal Support?

Since Amber Heard’s filing for divorce from Johnny Depp at the end of May Heard has charged the Pirates of the Caribbean star with a temporary restraining order. But is the order just one way for the actress to secure a solid financial footing for her future?

Is Amber Heard Just Seeking Spousal Support?

While Amber Heard,30, might have obtained a temporary domestic violence restraining order against Depp, 52, Depp’s attorneys aren’t buying it.  In fact, Depp’s attorney feels Heard is “attempting to secure a premature financial resolution by alleging abuse,” that the two actors and the court have no “financial information upon which to grant such relief” and that “as a successful actress with significant income of her own, there is no question Amber can support herself” until both Depp and Heard “have had a reasonable amount of time to assess their finances” with their attorneys and potentially negotiate a “mutually agreeable resolution.”

While the two did not sign a prenuptial agreement, Heard is seeking $50,000 a month in spousal support, an amount that is reportedly based on their “marital lifestyle.” Depp requested that amount be denied in his response papers to her divorce filing.

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It’s not uncommon for us to hear about high net-worth divorces coming out of Hollywood. Defined by the Securities and Exchange Commission, a “High Net-Worth Divorce” is “One in which a natural person who has individual net worth, or joint worth with the person’s spouse, that exceeds $1 million dollars at the time of purchase, excluding the value of the primary residence of such person; or a natural person with an income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year.” 

For individuals who carry a significant net worth, such as Johnny Depp and Amber Heard, protecting themselves in the case of divorce is essential in order to properly secure their assets. Statistically speaking, individuals across a wide spectrum can find themselves facing the reality of divorce, no matter their socioeconomic status, ethnicity or religion, but the more assets involved and the higher the net worth, the greater the stakes when it comes to separation of finances and property.

Since Depp has made a considerable amount of money – but Heard has as well in her own acting career. Additionally, the fact that the two were only married for 15 months will no doubt be considered when the judge reviews Heard’s request for spousal support.

Spousal Support Determinations

If you are getting divorced, and are seeking spousal support, or are expected to pay spousal support payments, there are some important things you’ll want to understand. A family law attorney will be able to walk you through the specifics of your case, but here we’ll provide you with a general overview of aspects of spousal support including: the awarding of spousal support, tax laws, and what can happen if spousal support payments are not made.

Defining Spousal Support

Spousal support (also known as alimony) is financial assistance that is only available to those who were legally married. It recognizes a partner’s contribution to the marriage and its goal is to help the recipient achieve financial independence. Rules regarding alimony vary state by state.

Calculating Spousal Support

When a court presides over a spousal support hearing, it weighs a number of factors including: the length of the marriage, the needs of each spouse, the standard of living that was created and maintained during the marriage, any assets, the age of the spouses, numerous other factors, and state specific laws. Your divorce attorney will build your case for spousal support based on your own specific circumstances.

Length of Spousal Support

The duration of spousal support payments is set by the court after it weighs the arguments that have been made. Typically, the length of payments lasts for half the length of a less than 10 years long marriage. For example: a marriage of six years means the spousal support payments will need to be paid for three years.

In longer marriages, a court might not set an a duration for the alimony payments. In that case, it is up to your divorce attorney to prove your side of the case and the duration. You should work with your divorce attorney to establish your side, regardless of if you are paying or receiving payments, and also determine the amount of time you seek. The court will then listen to both arguments, and using common law, decide upon the duration.

Permanent or Lifetime Spousal Support

“Permanent” or “Lifetime” spousal support means support will be paid to the recipient until the death of the one paying, or sometimes until the recipient remarries. While remarriage has been a reason for the end of spousal support payments, that is not always the case, and sometimes a court will rule that a remarriage does not mean the end of the support payments.

As women became a stronger component of the workforce, permanent support began to be rewarded less and less. And now courts rarely award permanent support. One appellate court stated:

“As recognized by our Supreme Court, the public policy of this state has progressed from one which entitled some women to lifelong alimony as a condition of the marital contract of support, to one that entitles either spouse to post-dissolution support for only so long as is necessary to become self-supporting.”

A court will usually require the higher earner, regardless of if they are husband or wife, to assist the lower earner with maintaining the standard of living, at least for a period of time.

“Standard of Living”

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Heard is seeking $50,000 a month in spousal support, an amount that is reportedly based on their “marital lifestyle.” This “marital lifestyle” will be based on what is called a “standard of living,” which is often used as a sort of guidebook for how much money a spouse will receive.

Spousal support’s main purpose is to assist a supported spouse in maintaining a standard of living that was close to that which was attained during the marriage. But the goal is for the spouse receiving the payments to eventually become self-supporting to the greatest extent possible. A court will take the following into account:

  • marketable skills of the supported spouse,
  • job market for those skills,
  • any time or expense the supported spouse will need to acquire education or training for employment or enhanced employability, and
  • the extent to which periods of unemployment (due to domestic duties) during the marriage have impaired the supported spouse’s present or future earning capacity.

The court will also consider any other factors, including:

  • extent to which the supported spouse contributed to the other spouse’s attainment of education, training, professional licensing or career advancement (this can also mean the extent to which the supported spouse provided and maintained home life while the other spouse was advancing his or her career)
  • ability of the supporting spouse to pay support. A court will take into account earning capacity, earned and unearned income, assets, and standard of living,
  • needs of each party based on what the marital standard of living was,
  • each spouse’s obligations and assets, including separate property,
  • duration of the marriage,
  • ability of a spouse who is also a custodial parent to engage in employment without interfering with the interests of dependent children,
  • each spouse’s age and health,
  • documented history of domestic violence by either spouse*,
  • immediate and specific tax consequences to each spouse (often times tax agreements are figured out during the awarding of spousal support and child support agreements),
  • balance of the hardships to each spouse, and
  • the goal that the supported spouse will be self-supporting within a reasonable period of time. This follows a general rule of thumb presumed to be one-half the length of a marriage (unless the marriage was longer than 10 years).

*California courts do not ordinarily consider conduct when making spousal support determinations. But often times, a court will not award support to a spouse that has a proven history of violence toward the other spouse.

While a history of violence might factor into Depp and Heard’s case, it will be up to a judge to determine if that is a factor in the two’s divorce case, or if, as Depp’s lawyer’s allege that Heard is just using the restraining order as a means to secure her future financial footing.

A Family Law Attorney

But when it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

 

 

 

 

 

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Domestic Violence

Chapman Punished Under Domestic Violence Policy

New York Yankees pitcher Aroldis Chapman was suspended for 30 games under baseball’s new domestic violence policy.  He is the first player to be suspended under the new rules which were published last August.

Chapman Punished Under Domestic Violence Policy

Despite the fact that Chapman had vowed to appeal any potential suspension, on hearing of the sanctions, he released a statement saying he would not appeal. The suspension is slated to start when the regular season opens.

“I am gratified that Mr. Chapman has taken responsibility for his conduct,” said Commissioner Rob Manfred, “that he has agreed not to appeal the 30-game suspension, and that he has agreed to comply with the confidential directives … to ensure that a similar incident does not occur in the future.”

The announcement did not give any details regarding additional disciplinary actions Chapman was facing. Potential actions under the policy include: counseling, relinquishing of weapons, and relocation from a home shared with a partner. Any of these actions are confidential under the policy.

Domestic Violence Allegations

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According to a police report, Chapman allegedly choked his girlfriend during a dispute at their Florida home. The pitcher then allegedly fired eight shots from a gun into the garage. While Chapman acknowledged firing the weapon, he also said, “I never hurt anyone.”

Additionally, Chapman said: “I want to be clear, I did not in any way harm my girlfriend that evening. However, I should have exercised better judgment with respect to certain actions, and for that I am sorry.

The decision to accept a suspension, as opposed to appealing one, was made after careful consideration. I made this decision in an effort to minimize the distractions that an appeal would cause the Yankees, my new teammates and most importantly, my family.”

Despite the fact that after initial investigation, authorities declined to file charges, citing and insufficient evidence, the baseball commissioner is still able to suspend a client under the league’s domestic violence policy. Manfred considered public documents before coming to his decision to suspend Chapman.

“I found Mr. Chapman’s acknowledged conduct on that day to be inappropriate under the negotiated policy, particularly his use of a firearm and the impact of that behavior on his partner,” Manfred said.

Prior to the suspension, the LA Dodgers had agreed to trade for Chapman, but have since backed off their plans.

Two Additional Domestic Violence Cases in League

The league is dealing with two additional domestic violence cases:

Yasiel Puig, an outfielder for the LA Dodgers, is under investigation following a report that he hit his sister during a bar fight. No charges have been filed.

Additionally, Colorado Rockies infielder Jose Reyes was placed on paid leave. He is facing criminal charges of abuse against his wife.

Domestic Violence

Domestic Violence can be defined as a “violent confrontation that occurs between family members or between people who live together or are in a dating relationship.” Domestic violence follows a broad spectrum of participants but always involves abuse in one form or another, whether it be physical, psychological or emotional. Whether you are referring to a domestic violence dispute between husband and wife, boyfriend and girlfriend, father and son, father and daughter, mother and son, mother and daughter or some other familial combination, domestic violence carries with it longstanding emotional and psychological scars that extend far beyond the physical.

In a large majority of domestic violence cases the woman is most often the victim, however not in all. Weapons are sometimes employed, property is damaged and alcohol and drug use are often at the source. In the state of California, domestic violence is not taken lightly and you should seek legal assistance if you or someone you love has been the victim of a domestic violence situation.

Domestic Violence Misdemeanor Conviction

In terms of Family Law, a misdemeanor conviction for domestic violence carries mandatory jail time and can result in the unfortunate loss of custody of your children or visitation privileges. Other negative impacts may be a loss of employment, incarceration, excessive fines and legal fees and possible deportation if not a US citizen.

Regardless of whether you are a man or a woman, in the state of California, a domestic violence misdemeanor conviction suggests that your ability to safely care for your children as their primary custodian is questionable. You will be presumed unfit for their ongoing care and responsibility. Losing your children over a domestic violence dispute is a tragic repercussion that impacts all parties involved, most notably your child.

If you have been convicted of a domestic violence misdemeanor, according to federal law you cannot legally carry a firearm and if you are a law enforcement officer or military personnel, a domestic violence conviction often signals the end of your career.

What Constitutes Domestic Violence

Regardless of whether a dispute occurs between spouses, domestic partners, boyfriend and girlfriend, parents and children, same sex couples, blood relatives (siblings, cousins, aunts, uncles, grandparents, etc.) or housemates – all domestic violence disputes between the above combination of individuals carries the domestic violence charge. Domestic violence misdemeanors remain permanently on your record and can be used against you in future crimes for 7 years following initial conviction. Offenses compound, and aligning yourself with a skilled Pasadena Domestic Violence Attorney is essential to fully understand your rights and to seek a reduced sentence and favorable outcome.

Why It Can Be Difficult

There are many factors that make domestic violence especially difficult for authorities to uncover, investigate, and deter, including the following:

  • Lack of reporting by victim for fear of retaliation from abuser
  • A victim’s potential financial dependency on their partners’ income
  • A victim’s unwillingness to testify against an abuser
  • Development of “battered person syndrome”
  • Desire to save a dysfunctional relationship
  • Guilt and/or withdrawal

Bringing a Domestic Violence Case Against Someone

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

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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.

It can be very difficult or overwhelming for a victim to bring a domestic violence lawsuit due to fear, or lack of knowledge about how to bring charges. Because of this, it’s always advised that a victim first tries to remove themselves from the situation, by either finding a shelter or safe ground. The next step is contacting a lawyer that can start the legal process of freeing a victim from their abuser.

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.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Domestic Violence

Domestic Violence Charges Dropped for Rice

Last week a judge dismissed the domestic violence charges against Ray Rice. The former Baltimore Ravens running back was caught beating his then-fiancee on a hotel elevator surveillance camera last year.

Domestic Violence Charges

Last year Rice was let go by the Baltimore Ravens and suspended indefinitely from the NFL after video documenting a violent display of domestic violence was released. The surveillance video plainly shows the running back punching out his then-fiancee, Janay Palmer in an elevator. Palmer married Rice after a grand jury indicted him.

The grainy video, now infamous thanks to TMZ and other media outlets, shows Rice and Palmer riding in an elevator at Atlantic City’s Revel Casino Hotel. Both Palmer and Rice hit one another before Rice punches Palmer off her feet sending her plummeting down into the elevator’s railing. A video released prior to the full one just initially showed Rice dragging Palmer from the elevator.

Rice and Palmer could be heard shouting obscenities at each other in the version of the video. According to the Associated Press, after Palmer collapses, Rice dragged her out of the elevator. After exiting the elevator, the couple is met by a member of the hotel staff who asks, “She’s drunk, right?” And then, “No cops.” Rice does not respond.

Rice’s attorney described what happened at the hotel as “little more than a misunderstanding.”

NFL Responds

While the Ravens contend they did not initially see the video released by TMZ Sports, hours after being given the video, they issued this one-sentence statement: “The Baltimore Ravens terminated the contract of RB Ray Rice this afternoon.”

Prior to viewing the video, the NFL suspended Rice for two games for domestic violence charges. The lack of severity of the punishment received widespread criticism.

“We requested from law enforcement any and all information about the incident, including the video from inside the elevator,” NFL spokesman Greg Aiello said. “That video was not made available to us and no one in our office has seen it until today.” But following the viewing, the decision was a unanimous one. According to a close source, that meeting involved franchise owner Steve Bisciotti, general manager Ozzie Newsome, coach John Harbaugh, and team president Dick Cass. “We hadn’t seen the video,” the source said. “The video changes the perspective.”

“The video is really all the information I’ve seen. I did learn on the way over to the facility about Mr. Rice being released, and have not yet talked to Roger [Goodell] about any other discipline,” said executive director of the NFL Players Association, DeMaurice Smith said. “I did hear that [Rice had been suspended], but I tend to rely on the Commissioner and learning all the facts first-hand. That’s what we’ll do, and once we know what those facts are, that will dictate our next steps.”

Rice’s Contract

At the time of his suspension, Rice had three years remaining on his contract with the Ravens.  $4 million for the 2014 season, $3 million for the 2015 season, and $3 million in 2016.

Charges

Rice was charged with third-degree aggravated assault as a result of the attack. Rice went on to appeal the NFL’s suspension and that suspension was lifted by former federal judge Barbara S. Jones.

Dismissed Charges

Last week Judge Michael Donio dismissed the domestic violence order after Rice’s Atlantic County prosecutor confirmed Rice had completed the terms of his pretrial intervention program. The program is run by the state.

Rice was able to avoid jail time because of his acceptance into the pretrial intervention program due to being a first-time offender.

Under terms of the program, Rice paid only $125 in fines and received anger management counseling. His admission into the program drew large amounts of criticism.

According to records obtained by the Associated Press, only 70 of the more than 15,000 domestic violence assault cases that were ruled on from 2010 to 2013 in New Jersey’s Superior Court were admitted to the pretrial intervention program. The program is meant to be a tool to help the state keep low-level suspects from jail time.

Legal guidelines in New Jersey advise those who commit violent crimes should “generally be rejected” from the program. Yet Atlantic County Prosecutor Jim McClain, who handled the case, signed off on the program after he reviewed the circumstances and consulted with Palmer.

Defendants charges can be dismissed if they meet all the program’s conditions. These conditions include: random urine testing, community service, and restitution. According to the state, pretrial intervention program supervision averages from one to three years.

Of the 15,029 people charged with assault in domestic violence cases from 2010 to 2013, 8,203 had their cases dismissed or downgraded to a lower court. Nearly 3,100 pleaded guilty, 13 were found guilty at trial, and nine were found not guilty.

Rice has yet to join a new NFL team. He recently sold his Reisterstown home and moved to Connecticut to be closer to his hometown of New Rochelle, N.Y. He is hopeful that he’ll get a second chance in the NFL.

“I’m actually done in my case,” Rice said. “Really, I just have to call the state of New Jersey once a month. After May 19, I’m done. It will be a full year. It will be like a refreshing start. That’s the only little burden that I have. I have until May 19. I don’t have anything to do but call and confirm some things with them that I’m not getting into any trouble. It’s a real basic phone call and they give me another date for the next month.

“This year has gone by really fast. It’s been a year since the incident. Once May comes, I’ll be moving into my new house and I’ll sort of feel like a free man by then. You’re back to a fresh slate. One thing I learned is to be patient and stay ready.”

California Domestic Violence Charges

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In California, when a person is charged with spousal abuse relating to domestic violence, there are two common charges: corporal injury to a spouse or spousal battery.

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 being a condition of the body, such as a wound or injury, regardless of how serious that wound or injury is. This means that regardless of how slight an injury is, even if it is a small cut or a large one, 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.

Charges

Domestic violence misdemeanors remain permanently on your record. These charges can be used against you in future crimes for 7 years following initial conviction. If you feel you have been falsely accused of domestic violence, you should immediately contact a lawyer that can defend you against the long-lasting repurcussions of false accusations.

Filing Charges

Whether a domestic violence dispute occurs between husband and wife, boyfriend and girlfriend, father and son, father and daughter, mother and son, mother and daughter or some other familial combination, domestic violence has longstanding emotional and psychological scars that extend far beyond the physical abuse. If you are the victim of domestic violence you have to speak out. The state of California does not take domestic violence charges lightly. The domestic violence attorneys at the Southern California Divorce Law LA are here to educate and support you through this process. They will be able to advise you on your legal rights while being able to build a case that will help you get the protection you need.

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 from the expert law firm of Divorce Law LA will be able to plead your case so that you feel safe and well represented.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Divorce Domestic Violence

Georgia Man Snaps After Child Custody Issues

New information has been revealed about Cedric Prather Jr., the man who recently snapped a killed four people. The couple’s past was filled with child custody and domestic violence issues.

According to Prather’s sister, the man’s three children were his whole life. When he lost his job as a truck driver, the pressure to try and make ends meet in order to support them caused him to snap and kill his ex-wife, her boyfriend, and two of Prather’s own children.

The Shooting

Just after 3 p.m. on February 14, 2015, Prather walked into the home of ex-wife, Latoya A. Andrews. He then gunned her down, along with her boyfriend, Joseph Terry Brown, and two of his own children: 7-year-old daughter, London and 9-year-old son, Jeremiah. He also critically wounded Andrews’ 15-year-old daughter, Demeshia Owens, and Brown’s 7-year-old daughter, Jada Brown. He then killed himself in the street outside the home.

“His children were his life,” said Prather’s sister Jerdonna Sawyer. “He wasn’t crazy at all. He just chose a terrible way to deal with his pressure and his stress.”

According to Sheriff’s Capt. Bruce Ferguson Prather left no note to explain his actions.

“I can’t tell you why he did it,” Ferguson said. “All I can do is to say he snapped or he had enough is what we’ve concluded in our investigation.”

Divorce

Prather and Andrews divorced in 2006. Court records indicate that the two went back and forth over child-custody. And about a year and a half ago Andrews sought a protective order against Prather, alleging that Prather had forced his way into her locked home and then pinned her down on the stairs and sexually assaulted her. There are no court records that indicate if criminal charges had been filed. A judge ordered Prather to stay away from Andrews and her home. Any meetings to exchange the children were to be done in the Douglasville Police Department parking lot. The protective order expired October 9, 2014.

Past-Due Child Support

State officials claim that in December 2013, Prather owed $31,800 in past-due child support. But in May 2014, Andrews and him reached a child custody agreement that allowed the children to spend half their time with their father. A few months after that, the court issued a final order for Prather to pay $437 a month for child support as well as pay a past-due sum that was to be determined.

According to Sawyer, Prather felt an enormous amount of stress when he recently lost his job as a truck driver and could not help provide for his children.

“We’re all hurting,” said Sawyer. “We’ve all had a great loss.”

 

Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: ABC News, Georgia Man Who Shot Ex, Kids Had Fought Over Child Custody, February 9, 2015

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Divorce Domestic Violence Spousal Support

Terrell Suggs Faces Divorce

After allegations of infidelity, and previous incidences of alleged domestic violence, Terrell Suggs’ wife has filed for divorce.

Divorce and Child Custody

Candance Suggs (nee Williams) and the Baltimore Ravens linebacker have been married for two years. The couple shares two children, ages 6 and 7. Candance is seeking full child custody and alimony, as was documented in the divorce papers she filed last December. The petition states, the “Defendant has committed adultery during the marriage and the Plaintiff has not forgiven, or condoned the adulterous conduct.”

Terrell is denying the accusations of infidelity, claiming he remained faithful to his wife until they separated a year ago.

“The allegations she makes concerning Mr. Suggs occurred  well after they separated,” said Terrel’s  attorney Thomas C. Ries. “They were no longer in love and they no longer wanted to be married to one another.”

Domestic Violence Claims

Candance has previously filed for numerous protective orders in the past. Before the two were married, she claimed that Terrell had thrown bleach on her and her son during an argument. The couple reconciled and the protective order was lifted. But just a few years later, she filed another protective order when Terrell punched her in the neck and then dragged her along behind his car a he drove away with their two children. At that time Terrell was ordered to turn over seven guns to the police. The two reconciled, the order was lifted, and they were married less than a month later.

Divorce

Terrell Suggs filed his divorce response recently, asking for joint custody of the children. The two signed a prenuptial agreement, though the terms are being withheld.

 

Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: The Baltimore Sun, Terrell Suggs’ wife files for divorce, accuses him of infidelity, February 13, 2015

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Domestic Violence Family Law

Marital Tort

When You Might Consider a Lawyer for Personal Injury Claims

Events that lead to divorce can be terrible – cheating, lying, etc…but what happens when those reasons enter into the legal territory of marital torts? And what are marital torts?

Marital Tort

Marital torts are essentially “marital wrongs” inflicted by one spouse on the other. Examples of marital torts include: infecting a spouse with a sexually transmitted disease, physical assault and battery, intentional infliction of emotional distress, marital rape, invasion of privacy, and wiretapping. When one of these grounds is believed to exist in the relationship, the victimized spouse is able to file a marital tort claim. In some cases, such as sexual violence and domestic assault and battery, criminal charges can be pressed at the same time.

Compensation for Wrongs Done

The courts explain that marital tort exists to “redress the violation of important norms, compensate victims and discourage unsafe behavior.” What this translates to is, if a tort is proven, then the spouse at fault will need to pay for the wrongs done.

Being about to sue your spouse is a relatively new phenomenon in the United States. Previously, spouses were not able to do so because of a concept known as inter-spousal immunity. Essentially, this took the view that wives were “property” of their husbands. This concept was deemed outdated in 1961 by the New Jersey courts.

Filing a Marital Tort Claim

You’ll want to consult an attorney if you think you have grounds for filing a marital tort claim. An attorney will be able to dress your specific state’s marital tort laws. Filing a tort claim can be a powerful tool to ensure justice is done.

Source: The Huffington Post, Beyond Divorce: The Surprising Reasons Why Some Spouses Sue Each Other, January 6, 2015

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Domestic Violence Family Law

Domestic Violence in Ventura County

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

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Domestic Violence Family Law

Safe Ending to Domestic Violence Situation

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

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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