Articles Posted in Domestic Violence

Huma Abedin the long time adviser/confident of Hillary Rodham Clinton the ex presidential candidate, ex secretary of state, ex senator and ex first lady.  And now Huma has finally cut the cord to her long time husband the ex United State House representative, and filed for Divorce.  Mr. Weiner plead guitly to texting obscene pictures to a minor.  This of course was not his first run in with exposing his self to others via text.  Huma gave Mr. Weiner a second chance after his prior criminal activity of exposure via text.  However, finally she decided enough was enough and a divorce was the only solution after his second exposure incident with minor children.

As stated on Cnn “”Weiner accepted responsibility for his conduct. “I have a sickness, but I do not have an excuse,” he said through pauses and bouts of tears in an emotional statement. “I entered intensive treatment, found the courage to take a moral inventory of my defects, and began a program of recovery and mental health treatment that I continue to follow every day.'”

Obviously this person has a sickness and a Divorce had to be on the horizon after his first bout of exposure to others. Mr. Weiner accepted a plea deal with the federal prosecutor where he could face 21 to 27 months in federal prison.

Often the grounds for divorce in the United States and in California is irreconcilable differences.  Family law courts do not require that there is a fault to get divorced. However, under a new law in Mississippi would permit a spouse to allege domestic violence as a ground for divorce in that state.  The bill has been opposed by other house members who do not want to permit a  new domestic violence ground for a divorce in that state.  The bill which was sponsored by senator Sally Doty of the Mississippi Senate would like the statute to permit spouses to only have to prove that emotional and financial abuse occurred.  In addition the Statute would include that “habitual cruel and inhumane treatment” be grounds for divorce as well.  This would be a monumental law permitting spouses to only show some sort of abuse other than physical abuse.  Normally to prove Domestic Violence the party would have to show some sort of reasonable threat if imminent violence or some sort of stalking.  To permit the element of emotional abuse would definitely make proving domestic violence much simpler. That is the concern of  representative Andy Gipson of Mississippi State Legislature who feels another law adding emotional and financial abuse would be duplicative and add nothing to the current law in place. He adds that we do not need to add to an existing divorce law that already includes domestic violence elements in the statute.  His argument states that their is a history in the Mississippi Court system that have held for a victim of domestic violence who can prove there was habitual and cruel inhumane treatment over a period of time. This opposition by Gipson seems to be the issue between he and Senator Doty.  She further states that the new Domestic violence codification under the Mississippi divorce law would allow one witness and one incident to be permitted to prove the grounds for domestic violence under the divorce law. This new element permitting only one instance of abuse to occur as all that is needed to establish domestic violence in a divorce in Mississippi can be crucial in assisting a victim in getting a divorce.  The purpose stated Wendy Mahoney the executive director of the Mississippi Coalition Against Domestic Violence was to make the ability of getting a divorce a little easier for those parties who are victims of domestic violence.  And to show only that one occurrence is all that is be needed to prove domestic violence to get a divorce would be a significant change for the better Wendy Mahoney believes.  Representative Gipson strongly believes that the new addition to the current divorce laws would destroy the stability of marriage and make it easier for people to get divorced.  However, Senator Doty’s fight was fulfilled as the Mississippi State Legislature had passed the bill allowing domestic violence as a ground for divorce.  In addition, one key element that was added included the provision for one key witness as all that is needed to prove domestic violence.  This means that the victim themselves was all that was needed as evidence in Court to establish their case.

Often in family law cases it is who files first or who fires the first shot over the bow that can gain an immediate advantage when it comes to child custody and visitation issues in family law courts.  Often parties are deceived into convincing themselves that filing any allegation of abuse or neglect or something about the other party they will gain a substantial advantage in the family court battle over custody.  Sometimes this tactic you can prevail and sometimes you can look bad in front of the Family Law Judges.  Domestic violence and child custody are very serious issues that cannot be taken lightly. To determine the truth of the domestic violence assertions often the Judge must investigate further to find who is more credible.  This can entail doing a Court ordered Child custody investigation to determine who is the aggressor and who is the victim.  The Courts are equipped to get to the bottom of the the allegations of violence and harassment.  Since often most litigants in Family law represent themselves they also feel they can get away with filing frivolous documents in hope and belief the Judge will buy their story and they will get what they want.  However, these Family Law judges usually are very savvy and have experienced many allegations of domestic violence and often can discern fact from fiction.

The Domestic Violence laws were enacted to protect victims of domestic violence and give them special and warranted protection from an abusive relationship to which they could not escape or find safety.  It is meant to give these victims a safe haven from a cycle of violence that otherwise they would not be able avoid.  It requires little evidence to show the court in order to gain the relief they seek.  However, now the Courts must often take a step back and decide whether these victims do not just use the Domestic Violence protection laws to their own advantage and file these lawsuits with a little bit of truth and a lot of fiction.

If a child is involved which often it is in the family law cases, a Court investigator can interview the child if they are old enough and determine whether they witnessed arguments between Mom and Dad.  And if they were witnesses what did they see.  They often more times than not are the true purveyors of the facts of each case.

domestic-violence-photo-child-300x243If you have been faced with a charge of domestic violence or a party is seeking a restraining order on you you must be careful about prior acts of domestic violence that can creep up on your during a contested hearing or trial. Often clients feel that prior acts of domestic violence may not have much weight with the Judge , however it is to the contrary. Prior acts of domestic violence can often tip the scale in favor of the party seeking a restraining order. In a civil setting he burden of proof to prove a domestic violence case is preponderance of the evidence. That means it is more likely than not an act of domestic violence occurred. The judge will often give the benefit of the doubt to the party seeking the restraint order.

Now what prior acts constitute domestic violence? It may be very surprising to know that Simple acts that might seem innocuous to our every day relationships with our significant other will be Fuel by the other party to prove up their case.

Acts such snooping through someone else phone even once can be seen as obsessive behavior and look bad upon the court. Also looking through baggage if that person goes on a trip can be viewed as too nosy and appear over controlling if you are looking for something. Stopping. Y uninvited by the other party can also be seen as stalking and shown to be an act of domestic violence.

Even politicians are susceptible to the laws and regulations of domestic violence. They too can be disciplined and even effected by the filing of restraining orders and Stay Away Orders.  One might think that because they are a politician and hold a public office and are voted by the people to represent them in the legislature that they are above the domestic violence laws of the United States.  However, this has proven to be untrue as in the case of South Carolina legislator Chris Corley who was indicted on felony domestic violence charges.  The South Carolina House Speaker suspended Mr. Corley after the domestic violence charges were done.

A 911 call was made from Mr. Corley’s house and in the background on the 911 call children’s voice were heard screaming as Mr. Corley allegedly was pointed a gun at his wife. Under California law Corporal Injury to the spouse under Penal Code section 275 is a felony and can send a person to state prison for 2, 3 or 4 years.  This charge occurs when it is inflicted upon a family member.  In Mr Corley’s case he allegedly attacked and beat his wife.

His children were heard on the 911 call telling their dad to stop the aggression.  This type of behavior as well will probably end up on criminal charges.  Exhibiting violence in front of the children can be a criminal charge as well.  Under Penal Code section 273a wherein if a person places a child in danger willfully or recklessly placing a child in a dangerous circumstance.

If anyone has watched HGTV then you would know of Tarek and Christina El Moussa buying and selling houses.  They are famous for buying homes cheap and refurbishing them for resale.  They would then make a nice profit.  It seemed like it was a good business and all was well in the El Moussa residence.  However, looks can be deceiving as it turned out.  The TV couple were hiding behind a persona that showed all was well and happy in TV Land.  But now it has come out that Tarek might have committed acts of domestic violence.  Reports are coming out that Tarek had a gun and had taken it with him on some outside trip he took.

Police were called and eventually they caught up with Tarek and told him to drop the gun.  In California there are stringent domestic violence laws.  If Christina was in fear for her life and or reasonably was in fear or apprehension of being harmed by Tarek she could immediately get A Domestic Violence Restraining Order.  Only a preponderence of the evidence can prove her case about being threatened or even fearful of a potential assault.

Although Tarek claimed “he was blowing off steam” that might be enough for Christine to go to Court and explain to a Judge that he had a gun and was unpredictable and she had two young children to protect.  Also the Judge would have to consider if he had a prior criminal history or Domestic violence background.  Ever since the O.J. Simpson case in the state of California the Judicial System has become quite conservative in their view of what is considered domestic violence.  Some judges do not want to grant restraining orders regularly because of the fear one party might get the upper hand against the other party.  That means that a person could potentially abuse the court system and seek restraining orders at every altercation and problem they have with their partner and restrain them from potentially seeing their children and effecting their job status.

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In ordering spousal support, a court must consider “documented evidence” of any history of domestic violence between the parties, including emotional distressed suffered by the supported party resulting from the violence. Fam C Section 4320(i).  Forms of documented evidence may potentially include items such as photographs, police reports, medical records, emails, and diary entries.  See Marriage of Cauley (2006) 138 CA4th 1100.

Criminal Convictions:  the criminal conviction of a abusive spouse must be considered in making a reduction or elimination of spousal support award in accordance with Family Code section 4325.  Under Section 4325, there is a rebuttable presumption against the award of spousal support to a spouse who has been convicted of a criminal act of domestic violence against the other spouse within 5 years before, or any time after, filing of the dissolution proceeding.  To rebut the presumption, a court may consider, among other things, documented evidence of a convicted spouse’s history as a domestic violence victim.  Rebuttal requires proof by a preponderance of evidence.

Contact an Orange County Divorce Lawyer today for help.

Defending You From Domestic Violence Charges

Domestic violence accusations can ruin your reputation and pose serious challenges in family law matters. With over a decade of experience, I will help you protect your rights regarding:

Restraining orders — Restraining orders protect victims from harassment, threats and domestic violence. If an order of protection is filed against you, you could be kept away from your children for three years. If you go near your children while there is a restraining order, you can be arrested. Restraining orders can be filed against a spouse or relative, such as cousins, parents or siblings. We will fight the restraining order to help you maintain your relationship with your family and loved ones.

The fate of the infant daughter of pro football player Jovan Belcher, who killed his girlfriend in December before turning the gun on himself at the Kansas City Chiefs’ team facility, will not be decided in a Fort Worth courtroom.

A custody case involving 4-month-old Zoey Belcher was dismissed in 324th District Court. Judge Jerome Hennigan determined that the Texas court is not the proper venue for the case, which potentially involves millions of dollars from the National Football League player’s estate.

Grandparents on both sides of the family are reportedly no longer talking to each other. The child’s maternal grandmother, Rebecca Gonzalez, filed a lawsuit in Fort Worth requesting permanent custody. And the paternal grandmother, Cheryl Shepherd, who is from West Babylon, N.Y., filed a similar action in Missouri.

A Newport Coast man allegedly killed his wife after a dispute over a possible Orange County divorce and financial issues, the Orange County district attorney’s office said Monday.

Peter Gregory Chadwick, 48, is facing one felony charge of murder for financial gain and is expected to be arraigned later Monday.

Chadwick was taken into custody last Thursday in San Diego County at the Mexican border, and detectives are now retracing his movements after he reportedly left his upscale home in the Newport Beach enclave the previous day. His wife, Quee “Q.C.” Chadwick, 46, vanished around the same time, authorities said.