August 4, 2019

Bachelor creator Mike Fleiss divorce is final; no domestic violence charges

by Law Offices of David P. Schwarz

Bachelor’ creator Mike Fleiss’ divorce is final; ex-wife drops assault allegations

October 13, 2017

Michigan mom jailed for violating vaccination order

by Law Offices of David P. Schwarz

A Michigan judge has reduced the child custody rights of a woman who was jailed for five days for not following through on an agreement to vaccinate her 9-year-old son. The family law issues are twofold here. violation of a court order and whether vaccination of the children is lawful and a parental decision without the court involvement. Often the right to vaccinate your child can be a decision left to the parents individually. However, if the court deems the safety of the children are at risk the Judge can step in and order a vaccination. The Family court judges top priority is the health safety and welfare of the children. Ultimately, the determination is the best interest standard of review for the family law court judge. So when the Michigan court judge ordered vaccination to be given the child against the mother’s wishes the Judge must have considered the pros and cons about the vaccination and determined that the health of the child outweighed any religious views the mother might have held

Oakland County Judge Karen McDonald ruled Wednesday that Rebecca Bredow will no longer have primary custody of the boy, but will have joint custody with her ex-husband, James Horne. Since the mother violated the Judges court order the judge probably held her in contempt of Court. As a result the judge can penalize the mother in many different ways. One of the ways is by taking her custodial time away. In this case the famiy law court judge decided that it was in the best interest to limit the amount of custodial time the mother would recieve.

Horne wanted the boy vaccinated and Bredow agreed to do so last November but didn’t. She says vaccinations go against her religious beliefs. Religious beliefs cannot overtake the health safety and welfare of the child’s interest. The best interest are always at the top of the Judges agenda when making any ruling regarding custody. When determining the best interest of the child the court must assess the health safety and welfare of the child first before looking at other issues that might lead to where the child should reside primarily.

October 6, 2017

Las Vegas cop pleads guilty to excessive use of force

by Law Offices of David P. Schwarz

Former Las Vegas Metropolitan Police Department (LVMPD) officer Richard Scavone pleaded guilty today in federal court to assaulting a handcuffed woman in his custody. Federal Court works quite differently than state criminal Court. Since this case probably involved a federal question issue the department of justice became involved in the case and did the investigation. Since the officer did not know the person he assaulted there was no domestic violence.

Acting U.S. Attorney Steven W. Myhre of the District of Nevada and Special Agent in Charge Aaron C. Rouse of the FBI’s Las Vegas Office made the announcement.

According to admissions made in the plea agreement, on January 6, 2015, Scavone, 50, was working as an LVMPD patrol officer, and was accompanied in his patrol car by an LVMPD jail corrections officer on a ride-along. At approximately 5:00 a.m., Scavone and the ride-along encountered A.O., who was talking on the phone and holding a cup of coffee. When Scavone told A.O. to “move along,” A.O responded that she was waiting on someone and threw her cup of coffee to the ground. Scavone, who was wearing a body-worn camera that recorded video and audio, exited his patrol car and approached A.O. with a Taser in hand.

October 4, 2017

Is Tyrese Gibson using too much spanking to be considered abuse?

by Law Offices of David P. Schwarz

Tyrese Gibson is now under the microscope of the L.A. County Dept. of Children and Family Services over claims by his ex-wife and baby mama that he spanked his 10-year-old daughter so hard she couldn’t sit. Spanking by itself is not necessarily abuse because some family use spanking as a form of discipline. However, times have changed and spanking your child repeatedly or too hard can be considered a form of child abuse. Gone are the old days when a parent could physically punish their child freely and without any consequence to their actions. Nowadays a spanking can be reported to child protective services. They will immediately start and investigation into these actions. The first people that are investigated or interviewed are of course the child. In Juvenile Court the child has tremendous weight in determining how to proceed with the prosecution of any abuse. The social workers doing the interview are highly sensitive all the children who are interviewed. The parents then are interviewed and are secondarily important to the whether charges are filed in juvenile or criminal court.

Tyrese and Norma Gibson are in a court battle … Norma’s trying to get a permanent restraining order prohibiting him from physically disciplining their kid. Norma is trying to seek a domestic violence restraining order which she can get in family law superior court. This is not the same as a juvenile court order nor is it a criminal restraining order. It has lessor implications than juvenile court and criminal court. However, if Norma succeeds in getting a restraining order for her child Tyrese will have to follow it. Any violation of a restraining order can cause Tyrese to be arrested and charged with a crime, violation of a court order.

She also wants full physical and legal custody. She’s worried Tyrese will take their daughter to Dubai, where he has business ties, and not come back. She also wants Tyrese to take domestic violence courses. Again, filing for fully custody or a modification of the prior custody order will take place out of juvenile court and land the parties in family law court. Normally the judge will have to decide the case based on the best interest of the child standard. There are many cases where one parent is fearful of the other parent kidnapping the child by leaving the country and not coming back. Often to avoid problems the Court can make a restriction on the travel of the child outside the country. But in more and more case because of the Hague Convention and the international kidnapping laws awareness Court will allow a parent to leave the country. This happens quite often if a parent wants to visit relatives in foreign countries.

September 22, 2017

anthony weiner divorce not confidential says Judge

by Law Offices of David P. Schwarz

Serial sexter Anthony Weiner’s been exposed again.

This time a Manhattan judge has yanked a confidentiality caption that was shielding the disgraced pol’s divorce case with his soon-to-be ex-wife, Hillary Clinton aide Huma Abedin, from the public. Documents that are sealed usually have some sensitive information in them that cannot get out to the public. However, in Weiner’s case it is obvioius there is no sensitive information that needs to hidden from the public. Any minor victim of Anthony Weiner will not be listed in any public record because of their age. Weiner’s criminal history does not fall under confidentiality principles of law.

In California the judge must find certain factors in order to seal court documents such as an overriding interest exists that overcomes the right of public access to the record, the overriding interest supports sealing the records; a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; the proposed sealing is narrowly tailored; and no less restrictive means exist to achieve the overriding interest.

July 27, 2017

DALLAS COWBOYS ROOKIE FOUND NOT GUILTY IN DOMESTIC VIOLENCE CASE

by Law Offices of David P. Schwarz

One less problem for the Dallas Cowboys or so does Jerry Jones and The Dallas Cowboys think. It seems there is a conveyor belt of domestic violence incidents that keep rolling our the Dallas Cowboys facility. And why? Well certainly the drafted individuals by the Dallas Cowboys may be the reason. Someone and maybe its Jerry Jones is choosing players who may or may not have had past behaviors that may or may not have been clues into the character of these individuals. Ezekiel Elliot seems to stand out.

Rookie cornerback Jourdan Lewis was just found not guilty of attacking his then-girlfriend after a 2-day domestic violence trial.

The 3rd round draft pick had been charged with domestic violence after allegedly roughing up his then-girlfriend at their apartment in Ann Arbor on March 15.

July 23, 2017

Rabbi’s Conviction’s for kidnapping and forcing divorces upheld

by Law Offices of David P. Schwarz

Religious liberty did not grant three rabbis leeway to abduct Jewish husbands to force divorces from their wives, the Third Circuit ruled, upholding their kidnapping convictions. This case seems rather odd and appears to have nothing to do with divorces but more about extortion, robbery and burglary. I dont understand how the only convictions on these violent men were not more than kidnapping. Normally a divorce can happen without proving anything to the court. So these Rabbi’s thought it an easy target to threaten innocent men to get a divorce from their wives.

The 38-page amended ruling released Monday rejected a number of challenges by the three rabbis, including that the underlying FBI sting operation constituted “outrageous government conduct” and that their religion gave them the right to kidnap uncooperative husbands in the pursuit of a gittin, or religious divorce.

Mendel Epstein, Binyamin Stimler, and Jay Goldstein were all convicted in 2015 of operating a ring of rabbis and “tough guys” to help multiple Orthodox Jewish women kidnap their husbands to obtain a get, or divorce contract.

July 17, 2017

R. Kelly is acquitted of Child Porn Charges after child witness fails to testify

by Law Offices of David P. Schwarz

It took more than six years for prosecutors to get the R&B star R. Kelly into court on charges of child pornography. It only took a few hours for a jury to declare him not guilty on all 14 counts.

Mr. Kelly had been accused of making a 27-minute sex tape with an under-age female. But a high-powered defense team convinced the jury of nine men and three women that the identity of the girl was not conclusive.

As the verdicts were being read on Friday, the singer started crying and whispering “Thank you Jesus, thank you Jesus, thank you Jesus,” over and over again, his lawyers said.

May 29, 2017

Tiger Woods the DUI and Custody effect

by Law Offices of David P. Schwarz

Recently Tiger Woods was arrested in Juniper, Florida for suspicion of driving under the influence of alcohol. Mr Woods has a child with his ex wife Elin Nordegren. At the time of their divorce Mr. Woods was also involved in a drug related incident whereby he crashed his car into a tree and claimed he was high on ambien. He was not charged with a crime at that time. After the incident he divorced his ex wife and achieved a amicable outcome with regards to his divorce and child custody arrangement. He is the father of two children, Sam, 9 and Charlie, 7. In a recent interview Tiger Woods opened up about how he parents his children. Although his golfing career has hit a slump his parenting life appears to be of a very caring and thoughtful father. In the interview he did recently he talks how his father Earl Woods would communicate to him at his eye level. He stated that because his father would get down to his eye level when talking to him it creating a strong father son bond. This type of behavior is something he has passed on to his kids to develop that similar bond.

As a result of the recent DUI Mr. Woods might not suffer a disastrous custody battle as if he did not have this strong bond with his two children. In addition, Tiger states that after the divorce he has developed a strong friendship with Ms. Nordegren and can talk to her about his relationship with his children openly. Thus, because of this tight bond with his ex wife he might not suffer a big break in his relationship with his minor children. Drugs and alcohol are a very bad combination when dealing with a custody battle among ex spouses or partners. Getting behind the wheel of a car and driving drunk shows poor judgment which can transfer over to how you parent your children.

The police spotted Mr. Woods late at night driving down a road in Jupiter, Florida near his home weaving in and out of the lanes. The local police noticed the erratic behavior and made a traffic stop. Upon approaching Mr. Woods after the traffic stop the police noticed a strong odor of alcohol on Tiger’s breath. A Police officer can make a stop based on a reasonable suspicion that the person was driving while under the influence. In addition, once the stop is made and the officer notices that the person smells of alcohol they can administer what is called field sobriety tests. The Juniper police office approached Mr. Woods after the stop and asked him to breathe into a breathalyzer. Tiger refused to do it. Thereafter, Mr. Woods was placed under arrest. I a person does not give a breath test then they will lose there license for a year and will be arrested for driving under the influence of alcohol or drugs.

March 3, 2017

alternative sentencing: private jail v. public incarceration

by Law Offices of David P. Schwarz

Most people who hire criminal defense attorneys are facing jail or some serious caltrans or some penalty that is very egregious that they seek an attorney to get out of the predicament they find themselves. There are many types of alternative sentencing in criminal courts that offer a somewhat better deal and sentence that going to public jail. Recently it has become an issue in politics whereby private prison had been being phased out of our communities. However, now with the new president he wants to privatize prisons and keep them working and functioning in our society.

private jails in local cities is a great alternative if you have the money to pay for a private jail. You get your own cell and own clothes and can use the phone. It provides a safer and more livable environment for those seeking a more appropriate environment for those seeking a safer place to do time.

the other private jails are the ones that get the overflow from prisons who are suffering an overpopulation problem. Governments have not been able to resolve the issue in house and sought private investors to run the prisons. These type of private prisons are a profit making machine whereby the owners are making alot of money with little concerns for the safety of the inmates. This type of private jail is not recommended for the “club fed” type seeking comforts of local pay for stay local jails.