Southern California Defense Blog

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.

Psychiatric and psychological evaluations frequently contain the DSM diagnosis number. The DSM number sets for fives axes on which the individual is to be evaluated. They are (1) clinical syndromes (for example depression, anxiety, psychosis and substance abuse), (2) personality disorders and specific developmental disorders (for example, borderline personality disorder), (3) physical disorders and conditions, (4) severity of psycho-social stressors, and (5) highest level of functioning past year. Those conditions on Axis 1 and 2 require treatment by mental health professionals.

Evaluations of a parent-child relationship are complex and require specialized expertise. These evaluations should include direct observation of parent and child interactions, commonly in natural surroundings, and a consideration of strengths and weaknesses. This type of evaluation should asses the relationships among the relevant adult parties and the child, the needs of the child, and the abilities of the parents or other caregivers to meet those needs. The evaluation should focus on reciprocal relationship behaviors between adult and child on many levels including parental warmth and control, the ability to read child cues appropriately, and child responsivity to the parent. The parent also has to demonstrate the ability to adequately provide for a child’s basic needs and safety.

A skilled Southern California family law attorney at Wallin & Klarich can help you through the dependency evaluation process. Contact our Southern California family law firm today by calling 888-749-7428 or visit us on our website at www.wkfamilylaw.com. We will be there when you call.

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" »

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" »

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.

The allegations against the defendant in this case are so prejudicial to him that it would be extremely difficult for him to receive a fair trial. Nonetheless, as a criminal defendant, he is entitled to a fair trial. An experienced California criminal defense attorney knows the necessity and details regarding a criminal defendant’s right to a fair trial.

Continue reading "A Father Who Faces Murder Charges Also Faces a Prejudiced Jury" »

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.

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing child custody or support disputes, or any other family law matter in Southern California, you need to call Wallin & Klarich today for an evaluation of your case.

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.

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing child custody or support disputes, or any other family law matter in Southern California, you need to call Wallin & Klarich today for an evaluation of your case.

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.

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing child custody or support disputes, or any other family law matter in Southern California, you need to call Wallin & Klarich today for an evaluation of your case, free of charge. Call 1-888-749-7428 to get in contact with an attorney today.

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.

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing child custody or support disputes, or any other family law matter in Southern California, you need to call Wallin & Klarich today for an evaluation of your case, free of charge. Call 1-888-749-7428 to get in contact with an attorney today.

Riverside County, California is part of southern California’s Inland Empire. Its borders stretch from Orange County to the Colorado River on the California-Arizona border. Home to most of the Joshua Tree National Park, Riverside County is primarily a desert. Its popularity has increased in recent years as affordable housing is readily available in the area while the cost of living continues to climb in neighboring counties. As one of the fastest growing parts of Southern California, there is a considerable need for experienced family law attorneys in Riverside County to help with matters involving divorce, child custody and support.

The Riverside 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 Riverside County family law counsel and representation they need to assure a positive outcome in their case.

The Riverside 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 Riverside County child support, modification of custody, paternity or child custody, the Riverside County child custody and support attorneys at Wallin & Klarich will exhaust every possible resource to protect the rights of you and your family.

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing child custody or support disputes, or any other family law matter in Southern California, you need to call Wallin & Klarich today for an evaluation of your case, free of charge. Call 1-888-749-7428 to get in contact with an attorney today.

Los Angeles County, California is the largest county by population in the United States at over 10 million people. There are countless attractions throughout LA County, from hiking and skiing in the mountains in the eastern and southeastern portions of the county to the beaches along the Pacific coast. There are also numerous theme and amusement parks, including Six Flags and Universal Studios Hollywood, as well as many popular museums, historical locations and observatories. With such a huge population and more people coming, every day, there is a significant need for experienced family law attorneys in Los Angeles County to help with matters involving divorce, child custody and support.

The Los Angeles County 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 county family law counsel and representation they need to assure a positive outcome in their case.

The Los Angeles 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 Los Angeles County child support, modification of custody, paternity or child custody, the Los Angeles County child custody and support attorneys at Wallin & Klarich will exhaust every possible resource to protect the rights of you and your family.

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing child custody or support disputes, or any other family law matter in Southern California, you need to call Wallin & Klarich today for an evaluation of your case, free of charge. Call 1-888-749-7428 to get in contact with an attorney today.

Lancaster is located in Southern California’s Antelope Valley and is the ninth fastest growing city in the United States. With an estimated 145,243 residents living in the city in 2008, Lancaster is the eighth largest city in Los Angeles County. The city draws national and local companies in from lots of different businesses and industries. Many inhabitants are drawn to Lancaster to pursue the American Dream of running a business and becoming a homeowner since the area is known for its business-friendly guidelines and low-cost land. Given the amount of families within Lancaster’s community, it is crucial that any matters involving divorce, child custody, child support or spousal support be handled by skilled family law attorneys.

The Lancaster divorce lawyers and family law attorneys at Wallin & Klarich have many 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 Lancaster family law representation and counsel they need to assure a positive outcome in their case.

Continue reading "Lancaster Divorce & Family Law Attorneys" »

Irvine is a city in Orange County, California that had a recorded population of 209,806 people in 2008. Irvine was chosen by CNNMoney.com as the fourth best place to live in the United States due to its many prominent schools, jobs, and housing. The 2000 census reported that out of 51,199 households, thirty-six had children under the age of 18 living with them and fifty-four were married couples living together. Given the proximity of Irvine’s inhabitants and 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 Irvine divorce lawyers and family law attorneys at Wallin & Klarich have many 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 Irvine family law representation and counsel they need to assure a positive outcome in their case.

Continue reading "Irvine Divorce & Family Law Attorneys" »

Hollywood is a well-known district in Los Angeles, California located just west-northwest of Downtown LA. Hollywood is most known for being the historical center of movie studios and movie stars. According to the 2000 census, 210,777 people lived in Hollywood with a population density of 8,443 people per square mile. Given the proximity of Hollywood’s inhabitants and 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 Hollywood 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 Hollywood family law representation and counsel they need to assure a positive outcome in their case.

Continue reading "Hollywood Divorce & Family Law Attorneys" »

Hemet, California is a city in Riverside County and the site of the world’s largest outdoor play, Ramona, which takes place once every year. The Hemet-Ryan airport is actually the site of the former flight school that was used to train over 6,000 pilots for the United States Air Force during World War II. Its rural, small-town feel and affordability attracts many working-class families working in larger, more expensive cities nearby. Even inhabitants of small, rural towns are in need of skilled family law attorneys since matters involving divorce, child custody, child support or spousal support can arise in even the most peaceful of environments.

The Hemet 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 Hemet family law representation and counsel they need to assure a positive outcome in their case.

Continue reading "Hemet Divorce & Family Law Attorneys" »

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" »

El Cajon, California lies within San Diego County. The city’s name, El Cajon means, in Spanish, “The Box.” Its origin comes from describing the plot of land originally granted to the enormous Mission San Diego de Alcala that was used by missionaries in the area for farming. Today, with a population nearing 100,000 residents, El Cajon is a long way from its days as a parcel of farm land. With its now bustling population in mind, El Cajon needs skilled family law attorneys to help its citizens with matters involving divorce, child custody and spousal support.

The El Cajon 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 El Cajon family law representation and counsel they need to assure a positive outcome in their case.

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

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing divorce or family law matters in Southern California, you need to call Wallin & Klarich today for an evaluation of your case, free of charge. Call 1-888-749-7428 to get in contact with an attorney today.

My Spouse Claims That I Have No Right to The House or Other Property if I Choose to Divorce Him/Her.

California is a community property state and therefore any property acquired during marriage is a community asset. Thus, in regards to division of property in California, each spouse has a full right to all property acquired during that marriage. Property can include houses, cars, stocks and bonds, any many other items. This property is community property even if only one spouse works and paid for this property using his work wages. Wages earned during the marriage are also community property and so anything paid for with those work wages are community assets to be shared by both spouses upon a petition for dissolution, or divorce. Subject to certain exceptions, only separate property is not part of the community assets and in respect to a divorce, that separate property is not included as what is to be split between both spouses. Separate property includes property acquired before a marriage, by inheritance, or by a gift to a spouse.

Therefore, a spouse has no basis for threatening the other spouse into think that they will be left with nothing upon divorce. If property was acquired during marriage using community assets then both spouses will have a right to that property upon dissolution, or divorce.

It is imperative that you hire an experienced law firm to defend your rights in court on a petition for dissolution. The San Diego divorce attorneys at Wallin & Klarich have over 30 years experience in handling family law matters, including petitions for dissolution, and can aggressively and effectively represent you in court to fight to get your case resolved to your satisfaction.

For a free consultation to discuss your traffic ticket offense please call us at (888) 280-6839. Our staff of attorneys are available 24 hours a day, seven days a week to answer any of your questions. You can also visit us at www.wklaw.com for more information.

Calabasas is a city in Los Angeles County, California that had a reported population of 22,300 in 2007. Located at the southwestern part of the San Fernando Valley, the city of Calabasas is twenty-two miles away from Downtown Los Angeles. The red-tailed hawk is depicted in the city’s official logo, which symbolizes a pledge to preserve Calabasas’ natural beauty and semi-rural quality of life. In 2005, 5,544 families lived in the city and out of 8,350 households, forty-four percent had children under the age of 18 living with them and sixty-four percent were married couples living together. Considering the many families within Calabasas’ community, it is crucial for matters involving divorce, child custody or spousal support to be handled by a skilled family law attorney.

The Calabasas 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 Calabasas family law representation and counsel they need to assure a positive outcome in their case.

Continue reading "Calabasas 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?" »