Southern California Defense Blog

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.

Continue reading "What You Need to Know if You Are Facing a Domestic Violence Charge" »

Two leading domestic violence cases, People v. Frye (1998) 18 Cal.App.4th 894 and People v. Wilkins (1993) 14 Cal.App.4th 761, have held that law enforcement entries into a suspect’s home were lawful as consent entries. The court in People v. Frye stated as follows; it may be inferred from the fact the victim and defendant resided together in the apartment that the victim possessed authority to consent to the officer's entry.

Consent to enter may be express or implied. For example, officers were standing outside the open door asking the victim who had hurt her. The victim motioned to the defendant lying on the couch inside the home. The officers stepped into the apartment to see who the victim was pointing at. Such actions provide sufficient indication of victim's consent to the entry.

Continue reading "Domestic Violence - Officer's Entry Into Suspect's Home Found To Be Lawful Based Upon Express or Implied Consent (Part 3)" »

In the context of an officer's warrantless entry into your residence, the most important issue is objective reasonableness. Whether, under the circumstances of your case, the officer's warrantless entry into your residence was objectively reasonable. If so, the "exigent circumstances" expection to the general warrant requirement may apply to justify the entry.

A common issue in domestic violence cases is whether the officer responding to the scene should have secured a warrant before entering the residence. The police and prosecution will argue that any delay to obtain a warrant would have posed a safety risk to the alleged victim. On the other hand, defense counsel may have facts which go to show that abandoning the scene to obtain a warrant was unlikely to expose the alleged victim to further harm.

Continue reading "Domestic Violence - Exigent Circumstances May Justify An Officer's Warrantless Entry Into Your Residence (Part 2) " »

Several cases have involved situations wherein officers go to a residence in response to a report of domestic violence being committed. Generally, if an obviously battered victim is present and the batterer is still within the residence, the officer may enter the residence to arrest the batterer. This was expressed in the case of People v. Frye (1998) 18 Cal.4th 894.

The issue is whether, in light of the facts known to the officer at the time, the officer could have reasonably concluded that immediate action was necessary. An attorney may be able to argue that had the officer left the scene to obtain a warrant, there was not a significant risk of additional harm. Such an argument is fact-intensive and requires review and analysis by an experienced California domestic violence defense attorney.

Continue reading "Domestic Violence - Officer's Presence At One's Residence (Part 1)" »

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.

Continue reading "Violation of a Restraining Order" »

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.


3. Permanent Restraining Order – This type of restraining order goes into effect after a court hearing has taken place and can be in force for typically 3 or 5 years. This type of order can also be extended if a threat still exists.

Continue reading "Restraining Orders in California" »

A 45-year-old Orange County man was sentenced to 17 years imprisonment for possessing homemade explosive devices with the intent to kill his former wife, her divorce attorney, the family court judge and Huntington Beach Police Department officers. The Costa Mesa resident was ultimately charged with a laundry list of offenses, 15 felony counts in all, including stalking, possession of a destructive device with intent to injure, possession of a homemade deadly weapon and possession of a loaded firearm in public.

The convicted man had been married to his wife for 14 years before they were divorced in 2007. The estranged wife then gained sole custody of the couple’s two children, ages 11 and 13, and eventually kicked him out of their home. In recent months it was reported that the man’s spousal and child support payments had substantially increased.

In April 2008, the man was placed on probation after pleading guilty to four misdemeanor violations of breaking a domestic violence restraining order. Several months later, authorities accused him of making threats against his wife and her divorce lawyer. Authorities later pulled the suspect’s car over in a traffic stop on the Garden Grove Freeway and recovered handcuffs, pepper spray, throwing knives and a stolen 9-millimeter firearm with its serial numbers removed.

Continue reading "O.C. Man Sentenced to 17 Years for Making Threats to Wife and Family Law Judge" »

An Experienced Criminal Defense Attorney Knows How to Argue Against Facts Underlying a Dismissed Charge

A California appellate court has recently held that trial courts have broad discretion in granting or denying probation and imposing probation conditions. Further, the appellate court ruled that a trial court even may consider a charge that the defendant was not convicted of or pled guilty to. See People v. Martin, C.A. 4th/2, DAR p.10639.

In this case, the defendant was accused of domestic violence and resisting arrest. The defendant, in a plea agreement, pled guilty to the charge alleging that he resisted arrest. However, the defendant did not plead guilty to the domestic violence charge.

After the plea agreement was entered, the trial court imposed certain probation conditions addressing domestic violence (e.g., not to come within 100 yards of person’s home). The defendant attempted to argue that the court should not consider facts that pertain solely to a charge that has been dismissed as part of a plea agreement.

Continue reading "A Court May Consider a Dismissed Charge When Imposing Probation Conditions" »

Why You Need a Skilled Criminal Defense Attorney

In a previous article, California Penal Code § 243(e)(1), or “simple domestic battery,” was discussed as one of the ways in which a person can be prosecuted for domestic violence in California. There are three ways someone can be prosecuted for domestic violence under California’s domestic violence laws and this article explains the remaining factors.

California Penal Code § 273.5, or “willful infliction of corporal injury”, is a more serious offense, in that it requires the accuser to at least suffer some type of injury. The accuser must sustain a “traumatic condition,” which can actually be as insignificant as a red-mark or scratch. Here, unlike in Penal Code § 243(e)(1), your “fiancé/fiancée” and “people you are or were dating” do not qualify as “intimate partners.” Although this section can be filed as either a misdemeanor or a felony, it would typically only be filed over the Penal Code § 243(e)(1) mentioned above if prosecutors were pursuing the felony allegation.

California Penal Code § 243(d), or “aggravated battery,” is the felony catchall for domestic battery offenses. This section, too, can be filed as either a misdemeanor or a felony, but would typically only be used in a spousal abuse situation if there was a “serious bodily injury” rising to felony level, and the accuser didn’t meet the definition of “intimate partner” in Penal Code § 273.5 above.

Continue reading "California Domestic Violence: What You Need to Know Part 2" »

Why You Need an Experienced Criminal Defense Attorney

There are three ways someone can be prosecuted for domestic violence under California’s domestic violence laws. First, there is Penal Code § 243(e)(1), which is simple domestic battery. Second, there is Penal Code § 273.5, which is defined as willful infliction of corporal injury. Finally, there is Penal Code § 243(d), which is aggravated battery. In addition, if the type of violence doesn’t qualify as “domestic violence,” it can also fit into Penal Code § 242, which is simple battery. Below is a brief description of these differences.

California Penal Code § 243(e)(1), or “simple domestic battery,” is the misdemeanor charge and, therefore, the least serious of these three domestic violence offenses. To be convicted of this offense, all you have to do is intentionally “touch” your “intimate partner” in an offensive or angry manner. That’s it. He/she doesn’t even have to be injured, only offended. Penal Code § 243(e)(1) also has a broad definition of “intimate partners.” Under this definition, your “intimate partner” includes your fiancé or fiancée, your current or former spouse, someone with whom you live or have lived, anyone you are or were dating, or the parent of your child.

More information on the remaining elements of domestic violence charges in California will continue in an additional article.

Continue reading "California Domestic Violence: What You Need to Know Part I" »

Why You Need to Protect Yourself Even After Disposition by Hiring an Experienced Domestic Violence Attorney

If you are facing California criminal charges of domestic violence, it is important to know that there is more to your case than simply the sentence imposed by the court. After a finding of guilty or no contest, the court may then impose additional restitution in an effort to compensate the victim for his or her damages.

A restitution hearing is a type of mini-trial designed to restore the victim’s economic losses he or she suffered due to the defendant’s crime. This can include:

• medical expenses, including mental health and counseling expenses;


• the value of stolen or damaged property;


• lost wages and profits, including wages lost due to injuries suffered from the crime, testifying in court, and attending trial.


• relocation and security expenses;


• investigative expenses incurred by the victim related to the criminal case; and


• attorney’s fees incurred by the victim.

Further, an interest of ten percent can accrue on all orders of restitution made by the court.

Continue reading "Domestic Violence and Victim Restitution" »

The website seattlepi.com reported in an article on May 28, 2009 that prosecutors will be calling Rihanna, 21, as one of the witnesses at a preliminary hearing against R & B singer Chris Brown, 19, who faces assault charges. Rihanna’s lawyer, Daonald Etra, told new reporters that prosecutors have informed him that Rihanna, whose real name is Robyn Rihanna Fenty, will be receiving a subpoena to testify in June. The preliminary hearing will center on whether there is enough evidence to go on with the case against Brown. Etra stated that Rihanna will obey the order and would be the first time she appears in court. Rihanna will be subject to cross-examination by Brown’s lawyer, Mark Geragos. Police investigators and other potential witnesses have not been named but will likely be included.

Brown faces criminal assault and criminal threat charges for allegedly hitting and choking Rihanna in February. The couple was planned to appear at the Grammy’s just hours before the incident.

If you or a loved one is being charged with a violent assault charge in Los Angeles you will need an experienced lawyer who knows the law and will be aggressive in court defending your freedom.

Continue reading "Chris Brown to Face Rihanna In Court: He’ll Be Sure to Have an Experienced Criminal Defense Attorney" »

The issue in People v. Ponce circulated around jurisdictional validity of the trial court's decision to issue a three-year protective order during sentencing. At defendant Ponce’s sentencing hearing, the prosecutor requested the court to issue a protective order for Lucero. He did not make an offer of proof or explain the reason for this request. The court granted this request and signed a criminal protective order using Judicial Council form CR 160, entitled “Criminal Protective Order – Domestic Violence (CLETS-CPO) (Penal Code, §§ 136.2 and 1203.097(a)(2).” The order provided, “[T]his order expires three years from the date of issuance.”

Ponce contended that the three-year protective order issued during sentencing was unauthorized because under section 136.2 the duration of the order may not extend beyond the trial court’s jurisdiction over the criminal case. The Attorney General disagreed and claimed that the statute on its face did not place any time limit on the duration of the order, meaning, the three-year order was proper.

There was no evidence that after being charged Ponce had threatened, or had tried to dissuade any witness, or had tried to unlawfully interfere with the criminal proceedings. The prosecutor did not make an offer of proof or any argument to justify the need for a protective order. He simply said, “[W]e'd also like to have a stay-away order in this case . . . .” But a prosecutor’s wish to have such an order, without more, is not an adequate showing sufficient to justify the trial court's action. (People v. Stone, supra, 123 Cal.App.4th at pp. 160-161.) The final result was that the protective order was stricken.

Understanding the complexities surrounding the issuance and validity of a protective order requires great knowledge and experience. Wallin & Klarich is a large California Law Firm, with over 30 years of experience. Wallin & Klarich is centrally located in Orange County, California, with offices throughout Southern California. The firm boasts an AV rating from Martin Dale Hubble, the highest rating any law practice can obtain. Contact a skilled Orange County criminal defense attorney from Wallin & Klarich for a free consultation at 1-888-280-6839. Also, visit us online at www.wklaw.com to learn more about your case and what can be done.

How Can I Find Out if My Name is Listed on the Child Abuse Registry

Under the Child Abuse Neglect Reporting Act, California must maintain a registry of actual and suspected child abusers. This registry is known as The Child Abuse Central Index: aka CACI.

CACI presently contains 800,000 plus names, and is plagued with many procedural problems that have caused widespread constitutional violations. One of the reasons that CACI has led to so many constitutional violations is that many people do not even know their names are on it!

If you or someone you know would like to find out if your name is on CACI, there are two procedures you can use.

Continue reading "California Child Abuse Central Index: Are You on the List?" »

Costa Mesa is a city located in Orange County, California. Its reported population was 113,143 in 2005. Costa Mesa was once a semi-rural family community that has become a suburban city. The city’s economy depends heavily on commerce, some manufacturing, but mostly on retail, with the single largest shopping center at South Coast Plaza. Out of 39,206 households, twenty-nine percent had children under the age of 18 living with them and forty-three were married couples living together. Considering the many families within the community, it is crucial that any matters involving divorce, child custody, child support or spousal support be handled by skilled family law attorneys.

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

Continue reading "Costa Mesa Divorce & Family Law Attorneys" »

Physical abuse is the type of abuse most people think of when they think of domestic violence. Under California law, “abuse” can be intentionally or recklessly injuring someone, trying to injure someone, or putting someone in reasonable fear of immediate injury. This might be charged as an assault in California if the conflict is between people with no special relationship. However, domestic abuse will likely be charged if you are accused of hurting:

• Your spouse or fiancé
• Your girlfriend or boyfriend
• A former spouse, fiancé, girlfriend or boyfriend
• Someone you live with
• Someone you have a child with

Physical abuse of a child is also illegal, but it is charged as child abuse. Allowing a child to watch domestic violence between adults may be considered child endangerment.

Under the law, you do not have to commit an act of actual violence to be accused of physical abuse. You can be charged with child abuse or domestic violence if you’re accused of attempts to harm someone, threats of violence or inflicting mental suffering. In fact, law enforcement officers who have seen too many domestic abuse cases sometimes doesn’t even check into an accuser’s story before arresting and charging the accused. And unfortunately, it’s not always possible for an accuser to drop the charges -- law enforcement may arrest and prosecute you even if the accuser has changed his or her story.

Continue reading "Domestic Violence and Physical Abuse: Do I Need A Criminal Defense Attorney Now?" »

The Devastating Ramifications of Having a Restraining Order Granted against You: Why You Need a Qualified Restraining Order Lawyer

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 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.

When facing a restraining order hearing you will want to have an experienced restraining order law firm fighting for you. There is too much at stake to go to court without an experienced Los Angeles restraining order defense attorney. If you decide to not retain a lawyer to help you will likely regret it for years to come.

Please feel free to contact Wallin & Klarich for a free consultation. The attorneys at Wallin & Klarich are available twenty-four hours a day, seven days a week to answer your questions. You can reach us at (888) 280-6839 or visit our website at www.wklaw.com for more information.

I AM ACCUSED OF DOMESTIC VIOLENCE, WHERE DO I FIND A DOMESTIC VIOLENCE DEFENSE ATTORNEY?

One of the most notorious penalties for a domestic violence conviction is mandatory counseling. If you are granted probation after a domestic violence conviction, the court must order you to at least a year of a “batterer’s program,” which means weekly classes of at least two hours each. These programs are designed to stop future domestic violence by teaching participants to walk away from fights or express their anger in a nonviolent way. They use conventional classes, group therapy, individual counseling and other methods. With limited exceptions, the law says you cannot skip these classes, or your probation will be revoked and you could be sent to prison or jail.

You must pay for these domestic violence classes out of your own pocket if the court believes you can afford to. (The court uses a sliding scale to determine how much you can afford.) Probation will not be lifted until you successfully complete the program -- to the satisfaction of the court and your parole officer -- and until you finish making payments. If your parole officer, the prosecution or the court is not happy with your progress, they can order you to more classes -- or revoke your probation and send you to jail or prison.

In addition to these domestic violence classes, the court may also sentence you to enter alcohol or drug counseling, if it believes substance abuse was a factor in the crime. This could mean outpatient therapy, Alcoholics Anonymous or Narcotics Anonymous meetings or even inpatient rehab. If you are in these programs, you may be subject to regular or random drug testing, to ensure that you’re following the program. And like the batterers’ programs, these substance abuse programs require mandatory attendance and a performance that satisfies the court and probation officer in your case.

Continue reading "California Domestic Violence Defense Attorney - Where to Find One" »

San Bernardino County, California is an enormous county in Southern California. It is the largest county in the nation by land area, aside from several districts of Alaska, and is larger than nine U.S. states. San Bernardino County stretches from the urban sprawl of the Greater Los Angeles Area, over the San Bernardino Mountains, through the Mojave Desert, to the Nevada and Arizona borders and Colorado River.

The San Bernardino County family law attorneys at Wallin & Klarich have more than 30 years of experience representing southern California families dealing with divorce, child support or alimony. Wallin & Klarich attorneys regularly represent persons accused of domestic violence who reside in the San Bernardino County area and are familiar with the judges and prosecutors who will likely be assigned to your case. Our highly qualified attorneys know the procedures followed in all courts in southern California and are a major contributing factor as to why we are able to achieve such positive results for our clients.

Our law firm has over thirty year experience in helping our clients settle child support debt issues, helping clients in defending them against child abuse charges, restraining order violations, annulment and division of property. The vast experience of our San Bernardino County divorce attorneys ensures that the law offices of Wallin & Klarich will have the resources required to help you with your San Bernardino County family law case.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. If you or someone you love needs a child support lawyer in San Bernardino County, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-280-6839 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

The Ventura County family law attorneys at Wallin & Klarich have more than 30 years of experience representing child support and child custody clients who are facing losing custody of their children or increasing child support payments.

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.”

The Southern California divorce lawyers in Ventura County from Wallin & Klarich are there to represent the families of Ventura County. What sets us apart from other law firms outside Ventura County is our extensive knowledge of area judges and courts. Whether you’re in need of help with your Ventura County post-marital agreement or spousal support, the experience our Southern California domestic violence attorneys have in working with local judges and district attorneys allow us to quickly and effectively devise a solid strategy for your family law case.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love has a dispute over division of property in or another family law matter, you should call the Ventura County child custody attorneys at Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-0034 or fill out our online consultation form to get in contact with a California family law attorney today.