Monday, August 30, 2021

Domestic Violence TRO, Child Abuse, Custody in CA

Domestic violence cases in CA can be a civil case, as a tort, under CA Civil Code section 1708.6, as a family law issue under FC Section 6200,  the statutes under the CA Domestic violence Prevention Act, or under CA PC Section 273.5 as a criminal case, or possibly both. Usually a domestic violence case under the CA Penal Code may result in criminal charges leading to a Protective Order.

The most common DV (domestic violence) cases are usually heard in family law courts, and will often involve conduct such as alleged bodily injury, threats, assault, keeping one under surveillance, destruction of your property, harass, threaten, etc. For complete definition, see Fam. Code. Sections 6203 and 6320.  In some instances, the police may file charges under the Penal Code, and if granted by Judge, a criminal protective order can pretty much ruin your career, depending on your employer.

 It will usually ruin your chances of being the custodial parent [unless you live in a county where corruption is known/widespread; we have seen judge award children to criminals/child molesters with long history of jail, drugs, and violence.

Criminal informants are legal under federal law, and are widely used in both state and federal cases, see   https://www.abajournal.com/magazine/article/secret_snitches_california_case_uncovers_long_standing_practice_of_planting  .......

        Whether you believe it or not,  in one case the defendant was jailed with bail of over $92,000, and over 102 people placed 911 calls to the police; then guess what?  He already had a current Criminal Protective Order in place--BUT the  criminal was not charged with anything at all--and judge later actually awarded custody to this guy?? (He is or was a criminal informant, and obviously he must have been owed something...) So, one can see that sometimes the system doesn't work the way it should. In this case, the District Attorney chose NOT to file anything against the defendant, despite him breaking the law (as there was already a criminal Protective Order in place!) It is believed that the client will proceed to file a tort claim against the county on that issue.

Monday, August 9, 2021

CALIFORNIA AND GUN LAWS POLICY........Polls, Research, Statistics and More................

Many people in Northern California have very strong views re guns, gun control laws and related..and when we do cases involving, let's say-- Domestic Violence in court, it's obvious that gun issues can come up? Attorney has always had an interest in gun laws simply because they affect many of the cases that attorney might be involved with, including domestic disputes, divorces, and criminal case situations. People may recall when Ellie Nesler shot and killed the alleged molestor of her son, there were no weapon scanners at courthouses (at least I don't believe there were then..) but of course now, one cannot bring anything in their backpack or handbag, etc. when going through weapon scanners at courts.....that resemble knives, guns and similar. Probably not even screwdriver or hardware implements....I have had guards at courthouse closely examine contents of my purse or case files at both Federal courthouses and all state courthouses. Apparently they do not leave out females when trying to find something that shouldn't go inside the courthouses? LOL!

Even in Butte County, which does not have a huge population, there are usually 3 security guards at the FAMILY LAW, CIVIL LAW entrance.....there are no criminal cases at the Butte Superior Court in Chico, the criminal cases are in Oroville. But to the guards' credit, most of them are great at helping people when the need arises. The court baliffs are usually quite attentive and courteous.
https://calmatters.org/explainers/california-gun-laws-policy-explained/ ....Most attorneys in family law are used to hearing stories, most of them likely bad, and maybe your case is similar...? It is no joke that family law cases cause great concern even to the court guards (police or sheriff) in courthouses, in fact it is a known fact that family law case litigants usually pose more problems than criminal defendants in court houses.....even before there were weapon scanners, the cases which caused problems were often family law cases due to the high emotional toll on litigants. And when weapon scanners started being used, it was mostly attributed to the case of molestation where Ellie Nesler avenged her son's molestation..that is my recollection in any event.......... Poll: Number Of Americans Who Favor Stricter Gun Laws ... https://www.npr.org › 2019/10/20 › poll-number-of-amer... Oct 20, 2019 — The overall percentage of Americans who support tougher gun laws is on the rise, even as the partisan divide remains stark, according to a ... People also ask What country has the highest rate of gun violence? Are people in America allowed to have guns?

Feedback Key facts about Americans and guns | Pew Research Center https://www.pewresearch.org › ... › Gun Policy May 11, 2021 — Here are some key findings about Americans' attitudes about gun ... Another 24% of adults say gun violence is a moderately big problem. Public opinion on gun control in the United States - Wikipedia https://en.wikipedia.org › wiki › Public_opinion_on_gu... In March 2018, 67% of Americans supported stricter regulation of firearms sales, according to a Gallup poll with a margin of sampling error of +/- 4% at the 95% ... America's gun culture in charts - BBC News https://www.bbc.com › world-us-canada-41488081 Apr 8, 2021 — Charts explaining some of the key statistics behind gun ownership and attacks linked to guns in the US.