Family Law
When Can an Elementary School Student be Expelled? – California Education Section 48900
On the car ride home from school, your child informed you that he is facing expulsion from his elementary school. Understandably, your first thought was probably not one involving legal representation. Does the school have a right to expel your child? The experienced school expulsion attorneys at Wallin & Klarich can protect your child's rights and ensure that the school board does not make an arbitrary decision regarding his or…
Read More
How is Guardianship Different than Parenthood?
A guardian is an adult who has been given responsibility for a minor by the courts. In California, there are many differences between being a guardian and being a parent. Here are some ways in which the two are different. A guardianship does not permanently terminate the parental relationship between a parent and child. A parent may still obtain rights to rear their child, at a time when the judge…
Read More
The Court In California Can Require Parties To Pay Support Obligations Based On The Parties Inflated Income
The financial strain that a person may go through from trying to pay court ordered spousal and child support payments is often great. In many circumstances, the party ordered to pay support must significantly alter their lifestyle in order to satisfy the court's order. Typically in cases dealing with spousal and child support, the California court will use the actual income of the two opposing sides. However, the court can…
Read More
Myth on “Common Law Marriages” in California
Many times, we come into contact with people who are under the impression that upon a break-up with their long-time companion, they have rights similar to what a husband or wife would have at the time of their divorce. For example, people sometimes feel that even though they were never married to their long-time companion, California's community property laws and/or family laws apply to them. However, this is simply not…
Read More
Changes in the law could make divorce more costly – California Penal Code Section 217
Due to recent changes in California family law that have gone into effect at the start of this year, all hearings in a divorce action will now require oral testimony unless the parties waive that right or if the family court judge finds good cause to exclude oral testimony (Family Code Section 217(a) & (b)). For most divorce hearings prior to this new law, testimony was normally submitted to the…
Read More
Types of Joint Child Custody Orders
Child custody orders are given when a couple is going through a separation or divorce. The child custody orders are designed to determine who will take care of the children and who will make decisions for the children. The courts may decide that a type of joint child custody would be in the best interest of the child or children. California Family Code Section 3004 states, "Joint physical custody means…
Read More
California Domestic Violence Laws Apply Equally To Men and Women – California Penal Code Section 273.5
When an individual (male or female) uses violence upon another, which is not in self-defense, it is considered a crime. In the arena of domestic disputes, domestic violence laws are intended to apply equally to men and women. Police officers and prosecutors are required to evaluate the facts and alleged offenses in each case, all while considering the intent of the law to protect victims of domestic violence from continued…
Read More
Violation of a Restraining Order
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…
Read More
Restraining Orders in California
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. 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. Temporary Restraining Order (TRO) – This type…
Read More
City of Orange Child Custody and Support Attorneys
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…
Read More