- DivorceIn 1969, California Governor Ronald Reagan signed the country’s first no-fault divorce law. Before that time, judges could only grant divorces based on marital fault, such as adultery, abandonment, or cruelty. The new law legalized divorce based on “irreconcilable differences,” which basically means that the marriage has broken down but neither spouse was to blame. Over the next ten or fifteen years, most all other states passed their own no-fault laws, and the divorce rate rose exponentially during the 1970s and 1980s. In the 1990s, the divorce rate began leveling off. Although it has actually declined recently, the divorce rate Continue Reading
- Child Custody and VisitationCreates a presumption that child custody should not be awarded to a parent who has committed domestic violence within the past five years.
- Spousal Support. Judges are unlikely to award alimony to an abusive spouse when they were convicted of domestic violence within the past five years.
- Annulment*A putative spouse is defined as a surviving spouse of a void/voidable marriage who legitimately believed the marriage to be valid. A void/voidable marriage may include a common law marriage in California or a marriage subject to an annulment.
- Child AbuseDomestic violence continues to be a serious problem in the United States. Domestic violence is a pattern of abusive behavior in a marriage or relationship. It can take many forms, including sexual, physical, economic, emotional, and psychological abuse. Many people immediately think about criminal charges when they hear about domestic violence. While state law differs, all states have criminal statutes that deal with domestic violence. For example, domestic violence can result in numerous criminal charges in California. An abuser could be charged with domestic battery, criminal threats, child abuse, corporal injury, and other crimes for engaging in domestic violence. However, Continue Reading
- DUI/DWI
- Wrongful DeathIn California, a wrongful death occurs when a person dies as the result of another person’s actions or failure to act. Given the complexity of these actions, accident victims often require a wrongful death attorney to recover financially. This article provides a brief overview on wrongful death claims and potential recovery.
- Traffic ViolationsWill self-driving trucks remove or reduce the potential for these causes? Removing the human element of a truck driver could potentially remove the possibility for distracted driving, fatigued driving, and speeding by truck drivers. However, trucks will still be sharing the road with passenger vehicles.
- MisdemeanorsA misdemeanor charge for domestic violence creates a rebuttable presumption to deny alimony to the abusive spouse. A felony domestic violence conviction prohibits a spouse from receiving spousal support.
- Assault
- MurderIt is important to note that punitive damages are generally not awarded in California wrongful death cases. However, there is an exception to the rule if the at-fault party is convicted of a felony-murder charge for the death of the victim.
- Restraining Order
- Property Damage
- Personal InjuryWhat's The Role of Personal Injury Law in the Battle Against Domestic Violence? - Lawyers Building | Legal Info and News
- Medical Malpractice. For example, if medical malpractice is the reason for the wrongful death, the statute of limitations is extended to one year from the date the malpractice is discovered.
- Auto Accidents
- Power of AttorneyProsecutors allege that a La Canada woman stole nearly $88,000 from her elderly mother who resisded in an out-of-state nursing home. According to Attorney General Christopher S. Porrino, 68-year-old Pamela Land received power of attorney over her elderly mother’s assets, basically so she could pay the nursing home bill and take care of other pressing financial matters. Instead, prosecutors say that Ms. Land spent over $87,000 of her mother’s money on shopping sprees and her own living expenses. The theft occurred over a three-year period, from May 2013 to January 2016. Deputy Attorney General Melissa M. Simsen, who obtained indictments before Continue Reading