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Articles Posted in Family Law Issues

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The consequences of having a California restraining order granted against you can be severe. If a restraining order is filed against you, it is of the utmost importance to retain the services of a qualified restraining order law firm to come to your defense. If you do not hire a law firm to defend you it is much more likely that the restraining order will be granted against you. If the restraining order is granted against you all of the following consequences may occur:

  • The restraining order will likely be filed with the California Law Enforcement Telecommunications System which means if a law enforcement officer stops you, the restraining order will show up on your record for up to 5 years.
  • If there is a restraining order violation you could face up to $1,000 in fines and up to one year in jail.
  • The restraining order can be enforced against you anywhere in the State of California by any law enforcement agency that canstockphoto10492514.jpg
    has been notified of your restraining order.
  • The court may order that you are excluded from your place of residence due to the granting of the restraining order.
  • Your ability to travel may be restricted.
  • You may be required to attend and complete a 52 week anger management or batterers program which is both time consuming and costly.
  • If the restraining order includes your minor children then this will impact the amount of time you can spend with your children and will likely mean your child support obligation will be increased.
  • You will have to immediately surrender any firearms that you own or that you may have in your possession.
  • If a domestic violence restraining order is violated the court may order that upon request, the person who receives the restraining order be allowed to tape record all conversations with the person who has the restraining order granted against them.

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Evaluations can be helpful and necessary in many types of dependency cases. In any written evaluation report, the evaluator describes the methods used and the reasoning for conclusions and recommendations. The specific purpose of the evaluation will dictate what type of assessment methods and what type of professional is necessary. A mental health, psychiatric or psychological evaluation addresses an individuals’ mental and emotional status, provides diagnostic information and makes appropriate recommendations.

A comprehensive child welfare evaluation should include more than a psychiatric or psychological evaluation of each party. In a dependency proceeding, the attorney must review the qualifications of the evaluator. The attorney should determine what type of expert conducted the evaluation and how much expertise that expert has in that specific area of child welfare. The evaluator needs to consider the emotional status of the persons being evaluated.

For mental health evaluations they can be forensic of clinic. Forensic evaluations are intended to a legal issue or question, while clinical assessments are most relevant for treatment needs and planning. To fully understand the needs of the child, the mental health evaluator should focus on things including but not limited to the need for services targeted toward a specific diagnosis of mental illness, substance abuse treatment, or the potential need for psychiatric medication.

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The language in recent case decisions indicates that courts recognize the danger inherent in domestic violence situations. The volatility of situations involving domestic violence make them particularly well suited for an application of the emergency circumstances doctrine, where law enforcement can enter your home without a warrant given that an emergency is taking place.

When officers respond to a 911 domestic abuse call, a judgment call may be required when making a determination of whether law enforcement is permitted to enter a residence. There is language in a recent court case suggesting the need for courts to respect the judgment of officers who feel they must enter a residence in a domestic violence situation.

Courts have afforded great latitude to an officer’s belief that warrantless entry was justified by “exigent” or “emergency” circumstances. An experienced criminal defense attorney may be able to argue that the officer lacked substantial reason to believe that one of the parties to the alleged dispute was in danger.

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If you have been accused of violating a restraining order, you may be considered to be in contempt of court. A violation of a restraining order can lead to a misdemeanor or felony charge. Generally, if it is a first offense it will be charged as a misdemeanor.

You might be facing hefty fines as well as potential jail time. The amount of the fine and the length of jail time will increase if a person was injured during the violation and/or if there have been multiple violations.

If you or a loved one have been accused of violating a restraining order in California, it is important to hire a skilled Southern California criminal defense attorney. An experienced attorney can make a big difference in your case ensuring that your rights are protected and that you understand the charges you are facing.

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Restraining orders are court orders that prohibit one person from contacting another person. In the state of California, there are various types of restraining orders.

  1. Emergency Protective Order (EPO) – This type of restraining order goes into effect immediately but is not long-lasting. It is generally used in domestic violence instances and gives a person time to apply for a permanent restraining order.
  2. Temporary Restraining Order (TRO) – This type of restraining order also is not long-lasting. The order is typically in force for up to a month. This order goes into effect once a person has actually applied for a restraining order.
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An Experienced Criminal Defense Attorney Will Negate Any Prejudicial Effect and Fight for Your Right to a Fair Trial

There are two sides to every story. A trial was held when a man pled not guilty to allegedly throwing his daughter off a 120-foot cliff to avoid paying child support. The media has sensationalized the case and prosecutors have “played up” the most lurid details in an effort to obtain a conviction by possibly prejudicing the jury pool.

The district attorney in the case theorized that the man threw his daughter off of the cliff to avoid paying $1,000 per month in child support. The district attorney argued that the defendant was never a father to his daughter and that he only saw his daughter after he was forced to pay child support. However, the defendant strongly asserts that it was a terrible accident.

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The City of Orange is located in Orange County, California with a population of over 138,000 in 2005. Orange is known for its charming downtown area with houses build before 1920, reflecting its town motto, “A slice of downtown charm”. As home to thousands of businesses, ranging from major Fortune 500 companies to family-owned stores, Orange is home to the oldest university in Orange County, Santiago Canyon College. Out of the estimated 40,930 households and 30,164 families living in Orange, thirty-seven percent have children under the age of 18 residing with them and fifty-seven are married couples living together. Taking into account the number of families living within Orange’s community, it is important for matters involving divorce, child custody, and child support to be handled by skilled family law attorneys.

The City of Orange child custody attorneys and child support lawyers at Wallin & Klarich have more than 30 years of experience handling cases for clients facing the difficulties of divorce, child support enforcement, child custody, visitation rights, child support, domestic violence, and restraining orders. Given our long history of operating in the area, we have a long-standing acquaintance with local courts, judges and district attorneys that afford our clients the Orange family law counsel and representation they need to assure a positive outcome in their case.

The City of Orange, California child custody and support attorneys from Wallin & Klarich have the knowledge and resources to make sure that high and low profile cases are resolved promptly and professionally. Whether you are facing Orange child support, modification of custody, paternity or child custody, the Orange child support attorneys and child custody lawyers at Wallin & Klarich will exhaust every possible resource to protect the rights of you and your family.

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Los Angeles is the largest city in California and the second largest in the United States. As a booming economic region within the country, it’s no wonder that Los Angeles is part of the largest county by population in the United States at over 10 million people. The 2000 census reported that out of 1,275,412 households and 798,407 families residing in the city, thirty-four percent of households had children under the age of 18 living with them and forty-two percent were married couples. With so many families within the Los Angeles community, it is imperative that any matters involving divorce, child custody and child support be handled by skilled family law attorneys.

The Los Angeles child custody attorneys and child support lawyers at Wallin & Klarich have more than 30 years of experience handling cases for clients facing the difficulties of divorce, child support enforcement, child custody, child support, visitation rights, domestic violence, and restraining orders. Given our long history of operating in the area, we have a long-standing acquaintance with local courts, judges and district attorneys that afford our clients the Los Angeles family law counsel and representation they need to assure a positive outcome in their case.

The Los Angeles, California child custody and support attorneys from Wallin & Klarich have the knowledge and resources to make sure that high and low profile cases are resolved promptly and professionally. Whether you are facing Los Angeles child support, modification of custody, paternity or child custody, the Los Angeles child support lawyers and child custody attorneys at Wallin & Klarich will exhaust every possible resource to protect the rights of you and your family.

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San Bernardino County, California is 20,160 square miles of valleys and mountains located in the southeastern part of California. It is the largest county by area in the United States, and is part of the Inland Empire. About 90% of the county is desert, with the remaining 10% consisting of the San Bernardino Valley and the San Bernardino Mountains. Many winter sport enthusiasts converge on the San Bernardino Mountains during the colder winter months, and many nature lovers flock to the numerous museums and national parks in the area throughout the rest of the year. With an estimated population of over 2 million, San Bernardino County is a place where families are started and children are raised. With such an influx of families in one area, there is a definite need for experienced child custody and child support attorneys to help out families when conditions are less than ideal.

The San Bernardino County child custody attorneys at Wallin & Klarich have many years of experience helping families during the most trying of times. It is important to know that your children are given the proper care and attention that they deserve. Given our long history of operating in the area, we have a long-standing acquaintance with local courts, judges and district attorneys that afford our clients the San Bernardino County family law counsel and representation they need to assure a positive outcome in their case.

Whether you are facing San Bernardino County child support, modification of custody, paternity or child custody, the San Bernardino County child support lawyers at Wallin & Klarich will exhaust every possible resource to protect the rights of you and your family. We have the knowledge and resources to ensure that your case if properly resolved both efficiently and professionally.

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Ventura County, California is located in Southern California and, like Orange County, is widely considered as one of the safest and most affluent counties in the country. One contributing factor to Ventura’s wealth is the presence of the “Tech Coast” area, which houses many biotech, healthcare and telecommunications corporations. As a result, Ventura County is often referred to as the “Gold Coast.” As a growing part of Southern California drawing many families, there is a considerable need for experienced family law attorneys in Ventura County to help with matters involving divorce, child custody and support.

The Ventura County child custody attorneys and child support lawyers at Wallin & Klarich have many years of experience handling cases for clients facing the difficulties of divorce, child support enforcement, child custody, child support, visitation rights, domestic violence, and restraining orders. Given our long history of operating in the area, we have a long-standing acquaintance with local courts, judges and district attorneys that afford our clients the Ventura County family law counsel and representation they need to assure a positive outcome in their case.

The Ventura County, California child custody and support attorneys from Wallin & Klarich have the knowledge and resources to make sure that high and low profile cases are resolved promptly and professionally. Whether you are facing Ventura County child support, modification of custody, paternity or child custody, the Ventura County child custody and support attorneys at Wallin & Klarich will exhaust every possible resource to protect the rights of you and your family.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.