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.

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.

DOMESTIC VIOLENCE--DO YOU NEED A RESTRAINING ORDER?

DOMESTIC VIOLENCE DOES NOT JUST INVOLVE PHYSICAL VIOLENCE!

https://www.emedicinehealth.com/domestic_violence/article_em.htm

https://domesticviolencelegalchico.blogspot.com/    Another of Attorney's Online Sites, showing how pervasive domestic violence is............


https://domesticviolencelegalchico.blogspot.com/2018/05/how-domestic-violence-affects-women.html

IF YOU NEED A DOMESTIC VIOLENCE RESTRAINING ORDER FOR YOURSELF/OR CHILDREN,

DO  NOT  WAIT !!!!!!!!

YOU CAN USUALLY OBTAIN ONE AT NO COST EITHER FROM 

AN AGENCY, OFTEN A NON PROFIT,  THAT SPECIFICALLY HELPS PEOPLE

 GET DOMESTIC RESTRAINING ORDERS, 

OR CONTACT THE SELF HELP UNIT AT THE LOCAL COURTHOUSE

THEY CAN HELP YOU PREPARE THE DOCUMENTS.

IF YOU ARE SEEKING AN ATTORNEY FOR DOMESTIC VIOLENCE, 

MAKE SURE THAT THE ATTORNEY HAS DONE THESE

 RESTRAINING ORDERS BEFORE AND IS FAMILIAR ALSO 

WITH SOME OF THE CRIMINAL

 LAW ISSUES, AS SOME DV TRO ORDERS MAY END UP

 AS CRIMINAL PROTECTIVE ORDERS 

Don't Let Covid Ruin Your Case!!

Many litigants are waiting around to file their cases, but waiting will set your case back for many months.  At least 8 weeks ago, the Court was behind at least 3.5 months. Right now, they are backlogged likely even further.

If you want to file a Request for Order, you better do it ASAP. Attorney can get earliest hearing date if you can give us the data ASAP.

The lag in time may cost you --- due to things happening that are only because of covid.  Everything is being done by phone BUT still--- you are in the game.  NOT filing means you will not get any changes, and certainly not as soon as you possibly could have. 

Exigent circumstances may still apply and you may need ex parte relief.  Judges are not continuing out ex parte hearings (let's say domestic violence) several times as they would have in the past, SO if you really need a DV TRO (domestic violence case) you should do it ASAP.

Starting at $795 for Mediation Issues, Call Today!

Attorney does family law cases with  Limited Scope Services, or full services.
In addition, we  also have a Paralegal Service (Maverick Paralegal Services) so we can utilize this to help save you money. Limited scope services means that attorney may only do some of the issues, but not all of the issues; for example, only the custody issues, but not the settlement or hearings on the personal property or residence.

Many of attorney's former clients won their cases involving contested visitation due to the structured help attorney gave them, specifically for mediation,  which is typically different than what most attorneys usually do. Because attorney has a social work background, and heavy emphasis on defending clients, attorney is able to better prepare many clients for the reality of what the courts actually do in custody issues. Attorney has diligently prepared many clients for mediation which resulted in those clients usually obtaining 50-50, or our party obtained custody and the other party got supervised visits, or our party got full physical and legal custody.

Many clients have gone into mediation completely unprepared. In a recent case, our client (the husband) -- had a Domestic violence TRO against him filed by wife. That was later stipulated to only be a non negative conduct agreement by his former attorney.   In meantime, the court had given the wife FULL LEGAL AND PHYSICAL CUSTODY.

We were fortunate that attorney's client was very prepared, and that the medical records were obtained from CPS and the child's medical providers and given to the mediator;

the  Mediation report for the case indicated (1) full legal and physical custody 

to the FATHER

(2) Psych evaluation for the mother,

 and Mother got no legal or physical custody; she received supervised visitation.

This is a highly unusual case, undoubtedly. But even though many cases are somewhat difficult, the mediator does not know you, or the case, so any documents that are already in the case could either help or harm your case.

Part of attorney's job is to use anything helpful for the client, and to defend properly against anything harmful, whether the harm was unintentional, intentional, or otherwise.  For example: some parents fail to show up to court and then lose the hearing, right?

So if that was you, and you did not have a say in court because you were not there, most mediators will want to know why you were not there...These types of issues are not legal issues obviously.  But to make a favorable presentation for mediation, the entire case has to be gone over with a fine tooth comb to look for all good facts and bad; then, attorney has to evaluate how this could help-, harm, or otherwise affect your case. Most clients have no idea what mediation is about, or what will happen when they get there. No one is allowed in mediation but the parents, and if there is a DV TRO--then the parties will usually have separate interviews.

Attorney has handled many Domestic Violence TRO cases, and contested custody issues and hearings.  Most of attorney's cases were not settled prior (before attorney got the case) thus attorney has to know all elements of every case if attorney is to either win or prevail; if the case cannot be won or we cannot likely get a result, attorney will give her opinion ahead of time, that she does or doesn't believe one way or the other. Opinions from attorneys that have done family law more than 20 years are usually on track, due to having seen so many bad or difficult cases. As attorney herein also has done criminal law cases and bankruptcy, this can be of some benefit in certain cases. Most family law attorneys do not know much about criminal law. To see attorney's other site from Butte County, go to


Especially if you are a parent that formerly had a DV TRO against you, but it was not re-upped by the other party, those parents have a better chance with time share than if the DV had been reinstated.

If you have a difficult family law case, call attorney today. Attorney's reputation in defense work is that attorney is often not well-liked by the other party because attorney does not take abuse from people, especially the ex-spouses LOL.

Affordable Family Law Attorney Solano County C. Chan 707 242 1855

AFFORDABLE FAMILY LAW ATTORNEY SOLANO COUNTY C. CHAN   

707.242.1855

sfbay.craigslist.org › eby › lgs › fairfield-affordable-family-law

Attorney Chan will be accepting new family law clients in the Solano Court ... FAMILY LAW ATTORNEY SOLANO COUNTY C. CHAN (fairfield / vacaville).

Justicefactor "X"...What Does It Mean?

Attorneys believe that "justice" involves more than one thing, which most people believe is the almighty dollar $$$$...

While it is true that a better financed campaign may get good or better results, it is also true that to obtain true justice, some attorneys will, and must work harder, smarter and longer if they are dedicated to their clients achieving the best results for their case.

Of course, working longer means usually charging the client more money.  But in the case of family Law and some Juvenile cases,  experience can overcome many issues presented on the surface, and even if it appears to be a 'sure' win, an attorney with defense counsel experience can often break the other side down and still make headway.  It may take a good strategy and more work, but it can usually be done.

Thus the "X" factor to winning the justice in a case is not always just about $$$$$!!

Put another way, the underdog case may not remain the underdog case!!

How do we know this??

Because we have worked on many cases that may have started out

as what the average person would say is likely a losing case,

BUT that doesn't mean it has to stay that way necessarily!

The key is, can your attorney think that far ahead and plan for what will need to be done?  

An attorney that wins most of his/her cases absolutely must strategize from the very beginning.  

There is no substitute for it.  Further, because many attorneys rush to argue the obvious, they may overlook key factors that can be used to help their clients win.  

Attention to the complete picture of the case is very important rather than just focusing on one or two obvious issues. A winning track record is evidence of this fact.

AND, many defense attorneys are very much able

to win cases simply because they have a different mindset that Plaintiff attorneys.

Thinking outside the box, ability to use strategy against average-minded or not-very-bright people,

the ability to understand how people think, react, emotional mindset, and use of logic

all do count.  If that was not the case, no defendant could

ever win a case?!!  Just remember, O.J. was not convicted!

[Even an idiot could understand what we mean just by the picture below!!!]

If you are not getting RESULTS in your case----- see attorney's contact herein.   

It may be just what you need to push your case ahead!