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Articles Posted in Family Law

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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 her education.

What are the Grounds for School Expulsion?

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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 permits. Guardianship, therefore, should be considered a temporary responsibility.

Guardianship also is unlike most parent-child relationships in that the relationship is reviewed and can be altered by the courts. Guardians typically must report to investigators and the court at least once a year. Investigators will follow-up with the guardian to ensure proper parenting is taking place. If the court is unhappy with the parenting being provided by the guardian, it can make orders to place special conditions on the guardian.

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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 look at what a person’s potential income can be, and use that figure to calculate spousal and child support. Depending on the circumstances and facts surrounding a case, one side may greatly benefit from getting the court to agree to use this standard to calculate support.

An experienced family law attorney can look over a specific case, and determine if the client would be benefited by the court using the opposing side’s potential income, instead of their actual income.

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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 true, at least in California. Just living together, even as “alleged” husband and wife, does not equate to a “legal marriage.” Simply put, there is no such thing as a common law marriage in California.

Unless a couple has entered into a valid marriage or registered domestic partnership, at the time of their separation, neither individual is entitled to support and property rights, or remedies as provided for by the California Family Code. Although in this situation, either party and/or co-habitat may have remedies through a general civil action.

We hope that this clears the myth about “common law marriages” in California. If you or a loved one needs assistance any other family law issue please call Wallin and Klarich at any time! Wallin and Klarich has been in the business of helping people with their family law matters for over 30 years and we would like to help you with yours! Call Wallin and Klarich today 1-888-749-7428 as we have a team of highly skilled family law attorneys ready to take your call 7 days week, 24 hours a day! Visti us at www.wkfamilylaw.com

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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 court in writing by declaration. Now, it appears that anyone who previously signed declarations will be required to testify in court, which can include the divorcing parties as well as all experts and third-party witnesses. Depending on the case, this could result in a long roster of testifying witnesses.

Although this change will allow people to feel as if their voices are being heard by the court – and will also enable the court to gauge the credibility of the live testimony through direct observations – it can further hinder an already bogged down system.

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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 that each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents…”

California Family Code Section 3003 states, “Joint legal custody means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.”

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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 abuse.

It is important to acknowledge that women, as well as men, use violence. Over the past few years, there has been an increase in the number of females arrested for domestic violence in California. With the increase in numbers of females being arrested, it is inevitable that more females will be prosecuted for various kinds of domestic abuse. Violent women can certainly be identified as the primary physical aggressor, when force is used to control a partner, spouse, or cohabitant.

California Penal Code Section 273.5 is the primary law that governs domestic violence in the state of California. It is defined as the infliction of some corporal injury on a person with whom the defendant currently has, or previously had, a domestic relationship. Domestic violence can also be referred to as domestic abuse, spousal abuse or spousal battery. Corporal Injury is defined as a willful (deliberate) use of violent force. Examples include hitting, punching, kicking, slapping or pushing.

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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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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.

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.