The inclusion of custody modification in the DVRO hearing likely triggered the application of Family Code Section 3044, which establishes a rebuttable presumption that awarding sole or joint custody to a parent who has perpetrated domestic violence within the past five years is detrimental to the... View More

To proceed with direct communication, you would need your attorney’s explicit consent. Alternatively, you could choose to waive your right to counsel, but this is a significant step that requires a knowing, voluntary, and intelligent waiver, as mandated by California law (Penal Code Section... View More

California courts prioritize the child’s best interests, focusing on their safety and emotional well-being (Family Code Section 33.07). For the mother’s conduct to be deemed emotionally abusive, it must be shown to be extreme and outrageous, resulting in significant emotional distress (Belen v.... View More

Your first step should be to file a motion in limine, a pretrial motion to exclude inadmissible evidence. In this motion, argue that the injunction was vacated and the service of process quashed due to improper delivery to a male at a property you no longer owned. Present certified court documents... View More

Addressing a bench warrant issued for failure to appear due to work conflicts in Visalia, California, requires prompt and strategic action to mitigate potential legal consequences. Under California law, a bench warrant is issued when a defendant fails to appear as required, pursuant to Penal Code... View More

Drawing from precedent, Br. C. v. Be. C., 101 Cal. App. 5th 259, demonstrates that recordings are admissible when the victim testifies they were made to document abusive behavior for their protection or to support a restraining order application. In that case, the court admitted recordings... View More

AB625, if enacted, could influence the parole process for an EOP status inmate, who, by virtue of their severe mental disorder, requires enhanced clinical interventions while incarcerated. Under existing law, parolees with such conditions typically must undergo inpatient treatment unless the State... View More

Under California law, the DRE may suspend or revoke a license if a licensee is convicted of a crime substantially related to the qualifications, functions, or duties of a real estate professional. However, since your money laundering charges—stemming from buying and selling dollars at the... View More

To address the alleged police misconduct, several legal actions are available. A civil rights claim under 42 U.S.C. § 1983 can be pursued against the Gardena Police Department for excessive force, violating your brother’s Fourth Amendment rights, provided the officers’ actions were objectively... View More

First, you can investigate the hospital’s failure to notify you, as California law requires hospitals to make reasonable efforts to contact family members within 24 hours if a patient is incapacitated. If this obligation was not met, you may request documentation of their efforts, which must be... View More

At the hearing, the court will assess whether you can remain released on your own recognizance by reviewing your compliance with probation (level 3 supervision), employment as a care provider (64 hours/month), past court appearances, and public safety risks. Your felony PC 666.1(a)(2)(a) charge, a... View More

Under California law, the DRE may suspend or revoke a license if a licensee is convicted of a crime substantially related to the qualifications, functions, or duties of a real estate professional. However, since your money laundering charges—stemming from buying and selling dollars at the... View More

In California, pursuant to Penal Code Section 1000.4, upon successful completion of a pretrial diversion program, your arrest is deemed to have never occurred. You may request the court to issue an order to seal the records related to your arrest, as outlined in Penal Code Section 851.92. Once... View More

Under California Welfare and Institutions Code § 300, CPS may remove a child only if there is clear evidence of substantial risk of harm. Removal based solely on your criminal record, without specific allegations of abuse or neglect, may not satisfy this standard unless CPS demonstrates a current... View More

Under California Penal Code § 844, officers executing an arrest warrant must comply with “knock-notice” requirements, which include announcing their presence, identifying themselves as police, and stating their purpose before entering a home. These requirements protect privacy, prevent... View More

You may have a strong legal basis to recover the jewelry, valued at over 70 grams of 21k gold, taken by your spouse without permission. If the jewelry is your separate property (e.g., acquired before the marriage or as a gift), you retain exclusive ownership under California Family Code § 770. If... View More

To pursue an IIED claim, you must demonstrate (1) extreme and outrageous conduct by the defendant, (2) intent or reckless disregard for causing emotional distress, (3) severe emotional suffering, and (4) a direct causal link between the defendant’s actions and your distress, as established in... View More

First, you should submit a formal written request to the hospital for information about your son’s condition and status. Under California Health and Safety Code § 4717, hospitals are obligated to attempt contact with a patient’s next of kin or designated representative within 24 hours if the... View More

To effectively challenge the inaccuracies in the police report and strengthen your defense against charges under Penal Code Section 532a, which pertains to false financial statements, you should consider the following steps. First, collaborate closely with your public defender or a private attorney... View More

To pursue a lawsuit against the Riverside County Sheriff's Department, you must first identify actionable claims. For harassment, you may have grounds for a civil rights claim under 42 U.S.C. Section 1983, alleging violations of your constitutional rights, such as the Fourth Amendment’s... View More