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.

When you break-up with someone, do it amicably. Learn from the lessons of Jack Osbourne's ex-girlfriend. Jack Osbourne sought a restraining order against his ex girlfriend, Niki Cloyd. However, the judge rejected a request that Jack filed in Los Angeles County Superior Court earlier today -- in which he claimed 24-year-old Niki Cloyd "is apparently in a state of unpredictable rage, and I fear that she intends to do further harm to me or to my property."

In the documents, Jack also claims Niki "went through my telephone text messages, my private computer files, and flew into a rage, destroying property in my home."

As TMZ reported, Cloyd was arrested after surveillance cameras appeared to show Niki scratching up the $250,000 car at Jack's Hollywood Hills home.

As for why the judge rejected Jack's protection request -- she stated that there was insufficient evidence for a restraining order ... but offered Jack this piece of advice: "Don't allow her in your home."

There are many grounds to seek a restraining order. The evidence must pinpoint the alleged suspect to the destruction of property and/or attack. From experience, it is much easier to get a restraining order on domestic violence grounds as opposed to one based on the destruction of personal property alone. Perhaps the evidence presented in Jack's case was all circumstantial. Either way, if you are thinking about obtaining a restraining order in Orange County or Los Angeles County, contact an Orange County divorce attorney for help and to discuss your options.

Source: TMZ.com: Jack Osbourne: I Need Protection from that Girl

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" »

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

A case that began with a dispute over an Orange County restraining order has ended with a Laguna Beach man pleading guilty to stalking a county judge. Daniel Joseph Gidanian, 23, pled guilty to stalking and harassing Orange county Superior Court Judge Derek Johnson between September and December of last year.

According to prosecutors, the trouble began when Gidanian appeared before Johnson to answer charges of an Orange County restraining order violation. After Gidanian's request to transfer the case to another judge was granted, however, he continued to call and otherwise harass Judge Johnson and his wife demanding that the alleged Orange County restraining order violation be expunged from his record. The series of incidents culminated in a confrontation outside the Judge's home just before Christmas, prosecutors said.

For people who do not have a judge's familiarity with the legal situation a Laguna Beach restraining order lawyer can be a key advisor and ally when situations like this arise. People faced with potential stalker situations often hesitate, wondering whether the behavior in question is serious enough to warrant an Orange County restraining order. Consulting an experienced Orange County family law attorney can be an essential element in protecting your family, children or property.

Orange County Register: Man admits stalking judge with phone calls, visit to house

FoxLA: OC Man Pleads Guilty to Stalking Judge

Orange County DA's Office Press Release

A clerical error that led to a police chief being erroneously served a restraining order and stripped of his guns highlights the need for careful attention to detail when dealing with Southern California family law matters.

Gene Fretheim, the chief of police in Maricopa, was served with erroneous restraining orders not once but twice: on October 2 and then again on the 5th, following an incident in which he shot and killed a dog belonging to a city resident. Fretheim acknowledges killing the animal, which he says was loose and vicious and "was a danger and a threat to the community."

According to media reports, the error was a simple one: a box on a court form that should have been left blank was checked in error. That mistake, however, led to the chief being served with the restraining order and forced to turn in his guns. The court's executive officer acknowledged the mistake. "It appears to be our error," Terry McNally said. "The clerk changed everything... but missed one box."

The mistake appears to have been an honest one, but it highlights the need for a skilled restraining order defense attorney whenever ordinary citizens find themselves dealing with the complexities of the legal system. Restraining orders are often issued as part of Orange county family law disputes and can lead to serious personal or business difficulties.

Chief Fretheim's case remains open, and a hearing is pending.

Taft Independent: Maricopa police chief Gene Fretheim gets back his guns and his dignity

Bakersfield Now: Court mix-up forces Maricopa police chief to turn in his guns