Orange County Divorce Lawyer Blog

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.

Saying the accusations against Newport Beach city attorney David Hunt could not be proved beyond a reasonable doubt, Orange County has opted not to charge the city official with Orange County spousal abuse, according to a recent report in the Orange County Register.

After the announcement was made earlier this month Hunt issued an apology both for the March incident that led to his arrest and for "the difficulties that this situation has caused the City Council." Newport Beach's mayor later announced that Hunt was returning to work.

Hunt was taken into custody in March after his teenage son called police to report an altercation between his parents. During the call the boy indicated that Hunt pushed both his wife and the couple's other teenage son. Hunt was arrested and charged with suspicion of felony spousal battery. After an investigation, however, the Orange County DA's office concluded that Orange County domestic violence charges would not stand up in court. A spokeswoman for the office noted that to get a conviction prosecutors must show the accused "willfully" engaged in violence against another person. "The evidence we got both at the scene and afterward did not support that," the spokeswoman said, according to the Register.

Domestic violence remains a serious problem here in Orange County, and elsewhere in California, and such cases can often be among the most complex matters an Orange County family law attorney can litigate. Because of the seriousness of domestic violence allegations seeking legal help is always prudent - whether you believe you have been the victim of abuse, or the victim of a false accusation. Either situation can have a tremendous and immediate impact on your life, and calls for the advice of an Orange County domestic violence lawyer.

An experienced Newport Beach or Costa Mesa domestic abuse and family law attorney can offer invaluable assistance as you consider your options during what is certain to be a difficult and emotional period for you and your family.

Orange County Register: No spouse abuse charges for city attorney

Orange County Register: City attorney arrested in spousal abuse

About a month ago, the Orange County District Attorney's Office decided not to file domestic abuse charges against Tito Ortiz for allegedly physically attacking his live-in girlfriend, Jenna Jameson. It was reported that there was not enough evidence to prosecute a case against Tito Ortiz.

Ortiz was arrested on April 26, 2010 for suspected domestic violence and then taken to the Huntington Beach Police Department after an altercation with Jameson. Ortiz posted bail the same day.

The pair briefly battled in the press over the incident, with Ortiz claiming Jameson is an Oxycontin addict and Jameson calling Ortiz a "wifebeater." The two softened their stance after several days and appeared to be headed toward reconciliation. A temporary restraining order filed against Ortiz recently lapsed, and the two were spotted together on the beach with their twin boys.

Hopefully, Jameson is not falling prey to "Battered Women's Syndrome." Denial is not healthy and will not stop the abuse. Further, its especially not good for the kids!

If you are in need of a restraining order in Orange County or Los Angeles County, contact an Orange County family law attorney for assistance.

Source: No charges filed against Tito Ortiz due to "insufficient corroboration"

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

I previously discussed the requirements for filing a Contempt action here in Orange County. However, many individuals sometimes question why bother filing a Contempt action if the citee will continue to disobey court orders? From an Orange County family law perspective, if you are successful in your Contempt hearing, the punishment can be severe. Once the moving party is able to prove that the citee is in contempt of court, what is the punishment?

Pursuant to CCP section 1218(c), a citee who is found in contempt of court for failure to comply with a court order under the Family Code must at minimum, be sentenced to the following:

Continue reading "Punishment for Contempt of Court" »

Going through a divorce is not easy. As a family law practitioner, 90% of my job is "shouldering", listening to people vent about their problems and giving them emotional support in their time of need. I am not a therapist or psychologist, although sometimes I feel like one, but what I can see from the clients I meet is that going through a divorce is emotionally straining. It's emotionally draining for us attorneys as well.

Often times, one spouse wants to seek revenge against their spouse, harass the other spouse or quite simply, make that other person's life just plain miserable. For example, it is not uncommon for one spouse to access the other party's email account without that party's authorization, knowledge or consent. A disgruntled spouse may hack the email account, change the password and have unfettered access to confidential and personal information.

Continue reading "Breaking into your Spouse's Email constitutes Domestic Violence" »

Tiger Woods' personal life has become a very public shambles and it is widely reported that his wife is preparing to file for a California divorce from the golf legend. Now, another element of the ongoing Woods drama is leading to calls for an official investigation. A Florida State Senator is questioning whether a recent visit to Woods' home by investigators from the state's Department of Children & Families was prompted by a false abuse claim.

The investigators' visit to the Woods' home made headlines around the world last month. Nothing, however, came of it; and that has led State Sen. Ronda Storms to wonder whether the allegations that Woods' two young children were subject to abuse might have originated with paparazzi desperate for a story. "To use the resources of the state for some grand celebrity theater is completely unacceptable," she said, according to a recent article in the South Florida Sun-Sentinel.

As the newspaper notes, unfounded abuse claims are most commonly filed by one parent (or an allied family member) against another. Here in Southern California they can sometimes be used as a weapon in divorce or Orange County child custody proceedings. A Costa Mesa family law firm with expertise in child custody issues can be an important ally if you find yourself facing unfounded accusations designed to undermine your Orange County custody claims. Consulting with a Los Angeles or Orange County custody and visitation attorney as soon as possible is a key step in protecting your parental rights, as well as your good name.

South Florida Sun-Sentinel: Was Tiger the victim of a false child abuse report?

Media reports are emerging regarding the Christmas Day arrest of both Orange County prosecutor David Brent and his wife Roshawn on Orange County domestic violence charges. The couple allegedly quarreled in a parking lot on December 25 leading to blows allegedly being struck on both sides and David Brent walking off with the car keys leaving his wife alone. Roshawn Brent then called 911.

Both Brents have posted $50,000 bond and have been released from prison. The Orange County prosecutor's office has turned the case over to the California attorney general because of the potential conflict of interest in taking one of its own attorneys to court.

The Huntington Beach domestic violence incident highlights the importance of knowing, and keeping in touch with, an Orange County domestic violence attorney when relations in a marriage turn sour. An experienced Huntington Beach or Costa Mesa family law firm can advise clients on the best approach to difficult and possibly violent domestic situations, including whether or not seeking a restraining order may be advisable in your particular circumstances.

Complex and emotionally-charged Orange County family law issues are never easy to deal with. A skilled Orange County domestic violence lawyer can, however, offer invaluable assistance in difficult times.

Orange County Register: Prosecutor Arrested in Domestic Incident

Los Angeles Times: O.C. Prosecutor, wife arrested on suspicion of domestic violence

In the wake of actor Charlie Sheen's Christmas Day arrest on charges of menacing, assault and criminal mischief questions have also arisen over the Los Angeles County child custody situation surrounding his children.

Sheen's alleged assault on his wife, Brooke Mueller, took place in Colorado, but numerous media reports indicate authorities in that state have passed the lead on issues related to the couple's children to the LA County Department of Children and Family Services, which has reportedly begun an investigation. Sheen and Mueller are the parents of twin 9-month old boys. Sheen also has two daughters by his ex-wife, actress Denise Richards.

The Southern California child custody investigation Sheen and Mueller now find themselves facing is evidence of the seriousness with which the authorities treat potential threats to children arising from marital disputes. According to a recent report on FoxNews.com there have been indications that the children could be temporarily removed from both parents custody.

For any Southern California parent facing a difficult and complicated situation involving DCFS the advice and assistance of a Los Angeles County or Orange County family law attorney is crucial. California child custody and visitation issues can be both legally complex and emotionally stressful. Having an experienced Costa Mesa custody attorney available to help you through the process from its first stages through to a final family court judgment can be the key to a successful outcome.

Fox News: Report: Charlie Sheen, Brooke Mueller Could Lose Custody of Sons

E! Online: Could Charlie Sheen lose custody of his kids?

Gov. Arnold Schwarzenegger has signed a bill temporarily restoring funding for California domestic violence shelters that he vetoed during last summer's budget crisis. The measure is good news for anyone locked in an Orange County family law dispute and caught in an abusive situation or who fears that a Southern California domestic violence situation may develop. If this happens, an Orange County family law attorney can be a valuable ally in protecting your rights and helping victims get the help they need.

According to a report in The Daily Californian, the Governor used his line-item veto to strike $20.4 million in California domestic violence shelter funding from the state budget last July. Under the new measure about 80% of that money has been restored, at least for this year. The money will be shared among 94 shelters statewide. A spokeswoman for the California Partnership to End Domestic Violence told the New York Times that the move was "a positive step", but expressed concern that the new measure "is only a one-year fix."

In fact, the Times reports, the restored California domestic violence funding became possible only after Sacramento arranged for the state alternative fuel and technology fund to loan the required $16.3 million to the state general fund. That loan will have to be paid back in 2013.

Domestic violence can be the cause, or sometimes the result, of California family law disputes including California divorce and California child custody cases. When potentially violent family law disputes arise in Orange County, Los Angeles County, Riverside County, San Bernardino County or elsewhere in Southern California, consulting a Southern California domestic violence lawyer can be a key step in protecting yourself and your family. A California family law attorney can help obtain a restraining order while advising on other legal measures you may wish to pursue.

New York Times: A Reprieve for California Shelters

The Daily Californian: New Bill Returns funding to Domestic Violence Shelters