Orange County Divorce Lawyer Blog

Pursuant to Family Code section 4320(m), there is a rebuttable presumption that when there has been a criminal conviction for an act of domestic violence by one spouse against the other within 5 years before, or any time after, filing of the dissolution petition, a court should not make a spousal support award to the abusive spouse.

So, what does this mean? If you have been convicted of an act of domestic violence by your spouse within 5 years (before or after the filing of the divorce petition), a court has discretion to not award the abusive spouse with spousal support.

Does the abusive spouse have any recourse? For instance, if the abusive spouse has redeemed himself or herself, if he or she has attended anger management classes etc., is there a chance to obtain spousal support, especially, if there is a great disparity in income between the parties? According to the same code section, in order to rebut the presumption set forth above, "the court may consider, among other things, documented evidence of a convicted spouse's history as a domestic violence victim."

In the case of Marriage of Cauley, (2006), 138 CA4th 1100, the former wife's conviction for domestic violence against former husband rendered agreement for nonmodifiable and nonterminable spousal support to her unenforceable on public policy grounds. Since Wife was convicted for a prior act of domestic violence, an agreement stating that she be awarded nonmodifiable and nonterminable spousal support was unenforceable.

Either way, if you have a criminal law matter or a family law matter, contact the attorneys at the Law Offices of David P. Schwarz for assistance. We are here to fight for you.

Earlier this year, I blogged about Jaime Pressly's divorce from her husband Simran Singh and the potential child custody battle with her ex-boyfriend, Eric Cubiche here. The potential custody battle was probably brought upon by Pressly's DUI at that time. Now, it has been reported that Pressly will face three years of informal probation. Additionally, she is also required to attend a six-month alcohol education class and must have an ignition locking device installed on her car. At the time of her DUI in early January of this year, police said her blood alcohol level was nearly three times the legal limit of .08.

Nothing has been reported as to if Cubiche moved forward with his child custody modification request. However, we all know that DUI does not set a good example for your children. Since Pressly has a small child, said DUI probably gave Cubiche reason to possibly file a modification of child custody and visitation, although it has not been reported that he has filed one yet.

From an Orange County divorce lawyer's perspective, do not let DUI and other criminal activity pose a risk to potential child custody and visitation issues as there could be drastic consequences both to your criminal record and to your family law case.

If you unfortunately become involved in a criminal dispute, contact an Orange County criminal defense lawyer for assistance.

If you have any child custody or child visitation disputes, contact an Orange County divorce lawyer for further assistance.

Source: Jaime Pressly gets probation for DUI

It was reported earlier this week that RFK Jr. has filed for divorce from his wife of 16 years, Mary Richardson Kennedy. Mary Kennedy is RFK Jr.'s second wife and they have four children together. RFK Jr. divorced his first wife back in 1994 and they have two children together.

RFK Jr's divorce comes on the heels of the drunk driving incident involving his wife. Mary Kennedy was arrested on May 15 after a police officer witnessed her driving her car over a curb near their home in Bedford. Police report that Mary had a blood alcohol level of 0.11%. The legal limit is .08%. On May 28, Mary was arraigned but RFK Jr. did not appear for said arraignment.

Certainly, alcohol related problems can trigger one spouse to file for divorce. If you and your spouse are experiencing marital problems, divorce may the way out. Contact an Orange County divorce lawyer for more information.

Source: Kennedy Divorce: Robert F. Kennedy Jr., divorcing wife Mary Richardson Kennedy

Wow...last week the internet as a buzz over the plethora of California family law and criminal law issues involving Mel Gibson and his ex-girlfriend, Oksana Grigorieva. Talk about a relationship gone really ugly. Turns out that Mel Gibson is now going to be investigated by the District Attorney for alleged domestic violence, child endangerment and assault with a deadly weapon charges. Gibson's case will be referred to the Los Angeles District Attorney's office for felony review. Again, this is a perfect example of a family law matter that crosses over into criminal law issues. It's very common to see these crossovers. Indeed, typically, if someone is involved in a domestic violence dispute, most likely a temporary restraining order is issued ordering the perpetrator to stay at least 100 yards away from the victim. Often times in emergency situations, the police are called to the scene of the incident and an Emergency Protective Order is issued to protect the victim. In serious situations, depending on the crime, criminal charges will also be filed.

If you have an Orange County domestic violence issue and/or an Orange County criminal law issue and wish to obtain further information about your rights, contact an Orange County family law/criminal law attorney for more information.

Source: Mel Gibson Case Headed to D.A.

Stemming from a strange case out of Indianapolis, Shannon Ellis became pregnant two years ago to the surprise of her family members. Supposedly, her husband had a vasectomy and they told everyone the vasectomy was reversed, thereby explaining the surprise pregnancy. This story turned out to be false. Truth be told, through DNA testing, Ellis became pregnant by a 14 year old boy. The 14 year old boy is a relative of Ellis' husband. Ellis allegedly coaxed the boy into having sex. The two of them continued to have sex after she gave birth. Presently, Ellis is facing sexual misconduct charges with a minor and could face up to 10 years jail time.

From an Orange County divorce lawyer perspective, questions begin to arise regarding the welfare of the child. If the mother is in jail and the father is a minor, who will be the best person to care for the best interest of the child? The baby is currently in the care of Ellis' husband. However, a child custody battle is pending between the minor's parents and Ellis' husband.

At this stage, I do not know how the Indiana courts will rule with respect to this type of scenario. However, from a California child custody point of view, it would make sense if guardianship proceedings are involved considering the circimstances surrounding the biological parents.

For more information on Orange County child custody issues, guardianship issues or criminal issues, contact either an Orange County child custody attorney or an Orange County criminal law attorney.

Source: Child Custody fight stems from sexual misconduct case

A bill was heard the past Tuesday wherein a State legislative committee sought to close what its author claims to be a loophole in California's no-fault divorce rule. In part, the legislation will specify that spouses who solicit the murder of their soon to be ex-spouse are not entitled to collect financial rewards during divorce proceedings.

The bill was enacted because of the facts concerning John Pomroy, a police detective. His wife collected about $70,000 from their estate after she was released from prison in 2004. His wife allegedly became addicted to painkillers, alcohol and drugs. The couple subsequently separated when his wife became physically abusive. Pomroy eventually moved out of the former family residence and was awarded custody of the children. When the wife faced the loss of her kids and lack of financial support from her husband, she hired members of the Vagos motorcycle gang to kill Pomroy while he was on duty.

The Califrnia Family Code states that if spouses are convicted of murdering or attempting to murder their husband or wife, they are not entitled to reap any financial benefits during divorce proceedings. However, in the event they hire someone to murder their spouse, the victims' assets are not protected.

The bill would amend the law to include husbands or wives who solicit the murder of their spouse.

If you are in need of assistance in seeking a California divorce, contact an Orange County divorce attorney.

Source: Bill Targets "Hitman" Loopholle in California Divorce Law

Sometimes family law matters overlap with criminal law matters. A Huntington Beach woman, Angela Marie Aiton, 34, pleaded not guilty to kidnapping her own daughter in an Orange County court last week.

Angela Marie Aiton was charged with a felony count of child stealing.

Aiton reportedly left a Newport Beach Cheesecake Factory last Friday taking daughter Symphony.The young girl was on a court-ordered visitation with her foster father. Aiton told the foster father she was taking the girl to the restroom and he stated that she never returned. The abduction triggered a Orange County-wide Amber Alert.

Aiton is being held on $500,000 bail, according to court records. She is also being held on a "second strike" allegation related to a conviction for a residential burglary in 2005, according to the Orange County D.A.'s office.

Symphony was ordered taken away from Aiton this past March. Aiton is scheduled to face a judge in about nine days for a preliminary hearing.

If you are facing child custody and visitation issues, abducting a child is not the answer. Indeed, like Aiton, you can face serious criminal charges on top of family law issues. Contact an Orange County family law and criminal law attorney for assistance.

Source: cbs2.com: O.C. Woman, 34, Pleads Not Guilty to Kidnapping Daughter

Whether you are a resident of Los Angeles County or any City in Orange County, a competent and reputable family law firm will be able to assist you in any California family law matter you may have, including but not limited to domestic violence.

On Sunday, March 14, 2010, it was reported that Newport Beach City Attorney, David R. Hunt, age 52, was arrested for being involved in a domestic dispute. Police arrived at 8pm on Sunday evening to Mr. Hunt's home in Santa Ana on suspicion of felony spousal battery. Officers learned Hunt got into an argument with his 18-year-old son, but when his wife intervened, she was assaulted.

Hunt's 49-year-old wife was taken to a hospital suffering from a laceration to her arm and a large bump on the back of her head, Bertagna said.

The officer indicated that it was unclear what the argument was about and whether or not the couple's son was injured.

This situation is a perfect example of how a domestic dispute can turn into a criminal issue. If you have a family law domestic dispute or a criminal dispute, contact an Orange County domestic violence attorney.

Source: OC Register: City attorney arrested in spousal abuse

Today, trial commenced in a case of a man accused of murdering his wife. Henry Lisowski is accussed of killing his wife, Rosa, over a child support dispute. The prosecution states that a child support dispute prompted the killing.

It has been reported that Henry Lisowski, who had repeatedly threatened to harm his estranged wife, was driven to kill her after she was awarded child support for the two young children they shared, a prosecutor told a jury Monday.

The wife, Rosa Lisowski, went missing about a month before an important court hearing in 2008, when a judge was to consider whether her husband would have to pay child support for the previous year and whether he had significantly underreported his income.

Her body was never found, but the prosecutor said yesterday that evidence presented in Henry Lisowski's trial would show that he killed her and dumped her body in a trash bin.