Orange County Divorce Lawyer Blog

Hillary Adams, now 23 years of age, posted a 2004 video of her father, a Texas judge, beating her on the Internet. Hillary Adams states that violence was a regular occurrence in her family home.

"It did happen regularly, for a period of time, and I could tell, because of the pattern, that things were escalating again," Hillary Adams, now 23, said on NBC's "Today." She said she left her video camera on her dresser recording and covered its light with a scarf in order to capture the video.

Her father, Aransas County, Texas, Court-At-Law Judge William Adams, faces a police investigation and a judicial probe after the graphic video surfaced of him striking his then-16-year-old daughter repeatedly while cursing at her and berating her.

Additionally, last Wednesday, Judge Adams was temporarily relieved of his judicial duties for the next two weeks. According to the office of Aransas County Administrative Judge Burt Mills, a visiting judge will take over his caseload while the matter is being investigated.

In an interview with KZTV outside his Rockport, Texas, home Wednesday, Adams confirmed to a reporter that he was the man beating his daughter with a belt and a board on the video.

From an Orange County divorce lawyer's perspective, this is some damaging footage for this Texas judge beating his daughter. To me, the footage does not appear to be simply a way to "discipline" the child as stated by the father. You can see in the footage that he repeatedly beats her and curses at her non-stop.

Whatever your situation may be, whether it be as disturbing as what transpired in the Adams home back in 2004, beating your child to a pulp is simply not acceptable.

For more information, contact an Orange County divorce lawyer.

Source: Texas judge's daughter: Violence was regular occurrence

In Helena, Montana, a man was shot to death in his apartment on Thursday. Additionally, the man went to court to request a temporary restraining order and even filed for divorce against his ex-wife. Two days later, his estranged wife was arrested on suspicion of killing him and another woman.

Joseph Andrew Gable, 48, sought a temporary order of protection from Michelle Coller Gable on Sept. 20, alleging she was stalking him.

Joseph alleged that Michelle Gable, 48, had entered his apartment while he was trying to change the locks and started a confrontation. He said she threw a laptop computer down the stairs, tried to block him from leaving the apartment and prevented him from driving away because her rental car was parked behind his vehicle.

Now, Michelle Gable faces two counts deliberate homicide in the death of her husband and his female acquaintance after the shooting at his apartment Thursday morning. She was scheduled to make an initial court appearance Friday afternoon.

From an Orange County divorce lawyer's perspective, this is yet another tragedy involving a domestic dispute. Going through a divorce is never easy. It is stressful and people often act out because of the divorce.

At any rate, contact an Orange County divorce lawyer for more information on filing in Los Angeles County or Orange County.

Source: Helena shooting victim had just filed for divorce; wife charged in 2 killings

Back in 1991 in Costa Mesa, California, Omaima Nelson, now 43, claims that although she killed, dismembered and cooked her husband, then ate his body parts, told a parole board: "I am not a monster."

Omaima Nelson, sought parole after 20 years behind bars, but the board rejected her request and she will remain in state prison on a term of 27 years to life for second-degree murder.

Nelson claims that back in 1991 in their Costa Mesa apartment, her husband, William, was trying to strangle her when she hit him with a lamp, stabbed him with scissors and killed him.

Nelson went on to say:

"If I didn't defend my life, I would have been dead. I'm sorry it happened, but I'm glad I lived," said the one-time model from Egypt. "I'm sorry I dismembered him."

Killing someone is one thing but going as far as dismembering, cooking and then EATING him shows this lady has issues.

Although this is not a "divorce-related" blog post, it does show that one cannot get away with murder. If she thought her life was in danger, she should of called the police. She could of also taken precautions to defend herself without killing, dismembering and cooking the victim.

From an Orange County divorce lawyer's perspective, if Nelson was not happy in her marriage to William, she could of sought an Orange County divorce or perhaps even applied for a domestic violence restraining order.

Contact an Orange County divorce lawyer for more information if you intend to seek an Orange County or Los Angeles County divorce.

Source: Ex-mode who ate husband's body parts: "I'm not a monster."

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.

Actor Daniel Baldwin recently filed for divorce from his wife Joanne, but not before also obtaining a restraining order against her, according to the Associated Press as a reported by television station KFMB. The news agency reports that the actor, a brother or Alec Baldwin, told police Joanne "punched him, threatened him with a knife in front of the couple's children and made threats of violence and death 'too numerous to list.'"

The couple live in a suburb of Portland, Oregon. In addition to the restraining order, the report notes, Joanne was also detained for several days on charges of "violating her parole for a drunken driving conviction." According to AP the Baldwins have been together since 2006, and married since 2007. Daniel filed for divorce the morning after the alleged domestic violence incident.

When we think of California domestic violence most of us generally assume that it is directed against the woman in a couple - and, statistically that is the far more common scenario. But as any Orange County father's rights advocate will tell you, the Baldwin case is a reminder that domestic violence can happen anywhere.

From the perspective of an Orange County family law attorney it is important that every case like this one be given a fair hearing - one in which justice is served and both parties are able to put forward their arguments without having to overcome either fear or prejudice.

The important thing to remember is that you have a right to live safely. We all hope that incidents like the one alleged to have befallen Daniel Baldwin never happen to us. When they do, it is equally important that you know where to turn. An experienced Orange County child custody and domestic violence lawyer can offer essential advice to anyone forced to navigate the unfamiliar world of our court system.

AP via KFMB: Daniel Baldwin files for divorce: Claims violence

In an earlier post last month, I blogged about the news of Taylor Armstrong seeking a divorce from her husband, Russell. Well, more drama has evolved in that now Taylor is alleging that her husband abused her during the marriage.

Sources connected the Real Housewives of Beverly Hills have reportedly told TMZ that Taylor had showed her castmates bruising and other injuries, claiming her husband Russell was responsible.

According to sources connected with production of the show, Taylor was also adamant about hiding what she has called a "physically and emotionally abusive marriage". Further, sources state that Russell even got "aggressive" with Taylor at an event, and executives from Bravo witnessed same. These are serious incidences of abuse and should not be taken lightly.

Taylor has also told People.com that her arguments with Russell often became physical -- with Russell grabbing her, shoving her, and even pulling her hair. These are definitely classic examples of domestic violence and Taylor should have gone to court to obtain a restraining order. From an objective standpoint, I'm not sure why Taylor did not call the police or go to court for a domestic violence restraining order. Hopefully she does not have Battered Women's Syndrome.

At any rate, Russell has denied the hair-pulling, but admits to pushing her -- blaming "Housewives" for pushing the couple to their "limit." Regardless, physical abuse is never the answer and totally uncalled for no matter who or what may have pushed Russell to the "limit".

It is important that if you or someone you know is being physically abuse, beaten and battered by his or her spouse that they seek help immediately. A criminal or family law restraining order is available to protect the abused spouse.

Contact an Orange County divorce lawyer for more information.

Source: "Housewife" Taylor Armstrong PHYSICAL SIGNS OF SPOUSAL ABUSE

The 50 year old older brother of Alex Baldwin, Daniel, has filed for divorce from his wife, Joanne Smith-Baldwin, after she threatened to kill him with a knife. What is even more damaging is that Daniel claims that she threatened him in front of their children. The parties' young daughter, Avis, was quoted in a declaration as stating, "Is mommy going to kill us?"

In his court filed declaration, Baldwin lists additional several acts of violence that he faced at the hands of his wife, including punching and slapping. Daniel further alleges that his wife's erratic and violent behavior is due to drugs and alcohol, a problem he himself has struggled with in the past.

"I have had my share of problems with drugs and alcohol many years ago and know first hand how difficult a position she is in," he told TMZ.

Before filing for divorce last Wednesday, just two weeks shy of the couple's fourth wedding anniversary, Baldwin filed a temporary restraining order against his wife.

The judge who issued the restraining order gave Baldwin temporary custody of their kids, Avis, and Finley, almost 2.

From an Orange County divorce lawyer's perspective, domestic violence tactics such as that perpetrated by Daniel's wife is never the answer. Acts of domestic violence have serious effects on child custody and visitation as evidenced in the case at bar wherein Daniel was awarded temporary custody of the children. We speculate that Joanne probably has no visitation with the custody or perhaps monitored visitation in light of her aggressive conduct. Unless a mutual agreement is reached, Joanne will have to fight tooth and nail to regain some custody rights with the kids. During a litigious divorce, children need both of their parents during this emotional and stressful time in their lives.

This is why hiring an experienced Orange County divorce lawyer is crucial to any divorce in Los Angeles or Orange County. Contact an Orange County divorce lawyer for further assistance.

Source: Daniel Baldwin files for divorce from wife; claims she threatened to kill him multiple times

On July 4, 2011, Nicolas Cage's son, Weston, and his wife, Nikki Williams, were both booked on felony domestic violence charges after Nikki attempted to assault Weston with a bottle, TMZ reports. Ironically, this altercation took place after both of them were released from rehab.

Witnesses at the scene of the incident state that Nikki cut Weston on the arm with a bottle. Nikki also allegedly punched Weston wildly and threatened to jump off the balcony. However, police officers at the scene believe Weston was also violent and booked him on felony domestic violence as well.

This is not the first time that Weston has been in trouble with the law. A few weeks ago, it was reported that Weston assaulted his trainer, causing Weston to be hospitalized for a mental evaluation.

From an Orange County divorce lawyer's perspective, domestic disputes can cause serious ramifications in a divorce case. For example, it can have an effect on child custody and visitation issues. If domestic violence was perpetrated on the child, the aggressor spouse could be placed on supervised visits with the child or he/she could have limited visits.

In similar situations, a Judge could order the aggressor spouse to seek treatment through anger management classes.

At any rate, its never a good idea to place yourself in a precarious situation. Putting yourself at risk in a domestic dispute could cause long term problems for your future.

Contact an Orange County divorce lawyer for more information.

Source: Weston Cage and Wife Booked for Domestic Violence

David Edward "Puck" Rainey from the "Real World" was arrested on June 19, 2011 for domestic violence charges after fighting with his wife in their Mission HIlls home. Puck has a court appearance next Wednesday and bail is set at $30,000.

Rainey, 42, was arrested at their house around 8 p.m. on the night of the incident and faces up to six months in jail and a $1,000 fine, if convicted.

This is not the first time Rainey has been in trouble with the law. Last year Rainey was arrested on suspicion of drunken driving after being seriously injured in a car crash on a rural San Diego County road with the couple's 8-year-old son.

"I had two shots of Jack Daniels, but I ate a sandwich with it," he later told RadarOnline.com. "They tested my blood alcohol and it was .03%, which isn't even wet reckless." Rainey was sentenced to a year in county jail in 2009 after pleading no contest in another domestic violence case.

From an Orange County divorce lawyer's perspective, domestic violence accusations have far-reaching consequences. They can literally affect every aspect of your life. If you have been accused of domestic violence, it is important to present a strong defense with an aggressive Orange County domestic violence lawyer.

Since the Raineys have a son, said domestic violence charges could affect child custody issues should the parties eventually divorce.

For more information, contact an Orange County domestic violence attorney for more information.

Source: Real World alum Puck arrested pleads not guilty in domestic violence case

On top of his mounting $14 million IRS tax debt, Nicolas Cage now finds himself in a domestic violence altercation with his third wife, Alice Kim. Last week, Cage was arrested in New Orleans for domestic abuse, disturbing the peace and public drunkenness.

According to police, Cage was heavily intoxicated and violent, arguing with his wife in a tattoo parlor and on the street. He was also accused of pushing her and later punching a few cars. In fact, the couple was fighting over which house they were renting in the French Quarter, while Cage is in town filming new movie "The Medallion."

"Apparently he had mistaken the house of my neighbors for the other house up the block that he is actually renting," Peter Bennett, a local street performer who lives near the property, told People. "His wife was trying to persuade him from disturbing the elderly couple who do in fact live in that house."

However, Cage was actually renting the house three doors down.

When the police arrived, Cage started to get into the back of the police car then took off running toward the river, according to People. Police found him trying to get into a cab.

Meanwhile, Kim has denied that Cage pushed her and declined to press charges. Cage is ordered to return to court on May 31.

From an Orange County divorce perspective, domestic violence or domestic abuse is not something that the victim should take lightly. Failure to report domestic violence to authorities, such as the police, could cause the victim to fall deeper into the wrath of her abuser. Further, if the parties involve have children, such domestic abuse will have an effect on Orange County child custody and visitation issues.

Consult an Orange County divorce lawyer for more information on domestic violence.

Source: Nicolas Cage Back to Work After Arrest

A bill currently being considered by the California legislature would make significant changes to the way California child dependency hearings are conducted in the state. This crucial aspect of California family law is not widely understood, and merits closer examination.

According to Capitol Weekly, a publication focused on politics and government in Sacramento, hearings in California's dependency courts "are considered "presumptively closed" - that is, members of the public and the press are barred unless a judge feels there is a compelling reason to open a hearing up." Dependency Courts are a special sub-set of the broader California court system that hear cases dealing with the foster care system and with California child custody issues stemming from alleged abuse and/or neglect.

As Capitol Weekly notes, "the rational for having closed courts is to protect vulnerable children." But backers of AB 73, a bill seeking to make dependency court hearings presumptively open, take the view that public scrutiny is essential for preventing miscarriages of justice. The Weekly notes that there is no uniform national standard for openness in dependency courts - only in Oregon and Pennsylvania are dependency hearings always open - but that "the pendulum appears to be shifting towards more open courts" nationally, especially here in the western states. A recent opinion piece in the San Francisco Chronicle put forward the view that greater scrutiny of the dependency courts will provide an extra layer of insurance against ill-considered rulings.

Dependency courts deal with some of the toughest issues facing the California family court system. Issues like alleged abuse and neglect, parental alienation and guardianship questions. For Orange County parents confronted with the need to enter into legal proceedings being sent to a dependency court only adds an extra layer of stress to the already emotionally volatile issues of Orange County child custody, visitation and guardianship.

The assistance of a skilled and compassionate Orange County family law attorney is crucial for any parent confronted with the need to deal with the court system. Dealing with a little-known, and often secretive part of the justice system, such as the California dependency courts, is all the more stressful - and requires the best Orange County family law assistance available.

Capitol Weekly: Attempt under way to open up courts that deal with child abuse cases

San Francisco Chronicle: Impelling Foster Care Reform Through Journalistic Truth

Yesterday, a Los Angeles Superior Court Judge granted actress, Rose McGowan, a temporary restraining order against a man she claims was harassing her and her employees. This man, Luis Santo III, repeatedly called McGowan's office and her agent insisting that he was in love with the actress despite the fact that the actress has never met this man.

Additionally, Santo apparently threatened McGowan's employees when they would not allow him to speak to the actress.

The temporary restraining order prohibits Santo from harassing, contacting or communicating with McGowan. Additionally, Santo must stay at least 200 yards away from McGowan. A hearing to determine whether the restraining order should become a permanent one is set for hearing on March 11.

From an Orange County divorce lawyer perspective, clearly, restraining orders are not limited to spouses (or ex-spouses). Anyone can petition the court for a restraining order if they feel their life is in danger and they need protection. Another alternative to filing a restraining order would be a Civil Harassment order.

Restraining orders can have a damaging effect to one's history. From an Orange County family law lawyer's point of view, hypothetically speaking, if a Wife seeks a domestic violence restraining order from an unemployed Husband and succeeds, the Husband will likely have a tough time finding a future job. Obviously, prospective employers will want to know if there are any lawsuits pending. Once the Husband admits "yes", employers will definitely scrutinize his credibility and character.

Indeed, we have seen this scenario come up in many cases. Luckily, in a most recent Orange County domestic violence restraining order case that we just finalized, the Husband was able to have his falsely filed domestic violence temporary restraining order sealed and removed from the entire Orange County Superior Court docket system. Needless to say, Husband was very satisfied.

If you are in need of a restraining order or wish to have a reputable Orange County Domestic Violence attorney defend you, do not hesitate to contact an Orange County divorce attorney for assistance.

Source: Rose McGowan Wins Restraining Order

A letter to Fathers and Families by an Anonymous Client/Vindicated Father

"THIS IS A SIGNIFICANT VICTORY FOR FATHER'S RIGHTS IN THE STATE OF
CALIFORNIA SPECIFICALLY WITH RESPECT TO THE ISSUE OF FALSIFIED
DOMESTIC VIOLENCE RESTRAINING ORDERS.

Gentlemen,

A significant event occurred today in the Orange County California
Superior Court, Lamoreaux Justice Center in Department 64, Judge
Ronald P. Kreber.

I was successful in getting all records, physical and electronic of
the falsified Temporary Restraining Order issued against me on
September 9, 2009 sealed by the order of the court.

I have been tirelessly working at and documenting the FACTS which led
up to the falsified Domestic Violence Temporary Restraining Order
being issued against me on September 9, 2009. My current family law
attorney, Mr. David Schwarz has been relentless but extremely
diplomatic and patient, with my now ex-wife's attorney in getting my
wife's attorney to actually draft the stipulation and order, that was
signed by everybody and signed by the judge.

My attorney, Mr. David P. Schwarz listened to my concerns, stayed with
this issue, and I wrote what seemed to be a million pages of
Declarations, but the final result is that Mr. Schwarz was able to do
what I do not believe has occurred in the State of California thus
far.

Even though Mr. Schwarz did not really have the case law, the codified
sections or the points and authorities to pull this off, he did it
anyway through determination, and having to put up with me as a client
who was screaming and yelling all the time.

For the issue of Father's Rights, the issue of combating the gross
misuse and abuse of the Temporary Restraining Order Process, this is a
significant case. Since Father's & Families has been combating the
abuse of the Restraining Order process for a long time, this case may
provide fuel for other cases and legislative change.

I hope this information helps the cause of Father's Families, and I
think we need to consider the determination of my legal counsel,
Attorney David Schwarz, in correcting a wrong, and hopefully all can
benefit from this decision.

If you have any questions, feel free to contact me, and I am sure that
you will see this case on Mr. Schwarz's Blog, but it is a HUGE step
helping those falsely accused of domestic violence. Of course the
next issue that I will have to deal with is the year's long battle to
re-connect with my children after this huge crisis and the mountain of
parental alienation that I have had to deal with and will continue to
deal with.

From a now happily divorced and vindicated man, but still saddened
from the abuse of my children that this has caused. I hope this helps
the cause of Father's & Families, and I hope that other men falsely
accused of domestic violence resulting in the issuance of temporary
restraining orders, can realize that if the circumstances are present,
and with a little ingenuity can get these things off their records.
Now we have to put in place the laws and the point and authorities to
make these routine.

The bottom line here is that my now ex-wife and her attorney had
finally come to the realization that the facts leading up and
surrounding the issuance of the temporary restraining order issued
against me, were false, they knew they were false, and they knew that
I and my attorney Mr. Schwarz were just not going to give up at
bringing the truth of this situation to the attention of the court.
If my ex-wife and her attorney would have continued with this shrill;
at some point and time she would have risked the possibility of
perjured testimony and possible arrest, so it was better to agree to
the stipulation.

For all of those falsely accused Dads out there, let's use this
example for everybody's benefit.

Thanks."

For help with an Orange County or Los Angeles County domestic violence restraining orders or any divorce matter, contact an Orange County divorce lawyer.

Photo Source: www.earlychildhoodlinks.com

Former Terminator 2 star, Eddie Furlong, was arrested this past Tuesday for violating a restraining order protecting his wife. The restraining order specifies that Furlong must stay at least 100 yards (a whole football field) away from his estranged wife, Rachael Kneeland. Kneeland obtained a restraining order last September wherein Furlong must stay at least 100 yards away from her for at least, three years.

In Kneeland's moving papers, she alleged that last September 23, Furlong "grabbed me, bruised me, pushed me ... left messages saying he would hire people to come and beat me with chains and bats. He is smoking cocaine and doing other various drugs. He is very unpredictable." Furlong has denied these allegations. However, the Judge granted the restraining order and ordered Furlong to seek counseling.

Serious domestic violence allegations could result in the issuance of a restraining order. Having a restraining order on your record is not something you want lingering. It could potentially inhibit your attempts to find gainful employment as some employers do not want to hire people that have had a restraining order issued against them.

For more information on dealing with domestic violence and how to obtain a restraining order in Los Angeles County or Orange County, contact an Orange County domestic violence attorney.

Source: Eddie Furlong of Green Hornet Arrested

Big Brother Alum, Krista Stegall, successfully obtained another year's worth of protection in a victorious restraining order granted in her favor. According to the legal pleadings filed in Louisiana, Stegall obtained a restraining order againt her ex boyfriend, Kenward Bernis, after she accused him of beating her up in a bar last year.

According to TMZ, Stegall even called her ex to the stand and grilled him on how he allegedly grabbed her arms and shoved her inside the women's bathroom at Bootlegger's bar in Lafayette, Louisiana -- a bar her ex co-owns.

Bernis' lawyer tells TMZ, Boo "intends to comply with the Judge's order and have no further contact with Ms. Stegall moving forward." The protective order expires September 2011.

Clearly, if one is getting beat up, grabbed and shoved, it definitely warrants the issuance of a restraining order. From an Orange County family law perspective, it would be wise to obtain a restraining order from the family law court and the criminal court. Getting beaten and bruised is not something to take lightly. Orange County courts will usually err on the side of caution and issue restraining orders if they are valid.

For more information on domestic violence issues and obtaining restraining orders, contact an Orange County domestic violence lawyer, David Schwarz, for more information.

Source: Big Bro Alum Gets Court Victory....All By Herself