Articles Posted in Domestic Violence

wrigley-field-chicago..…I just couldn’t pass up the chance to write about a divorcing couple that went through a heated battle over World Series tickets. Apparently this battle became was so “serious” that a suburban wife felt it appropriate to file an emergency petition in a Chicago court for orders that the husband hand over the tickets which were obtained prior to filing for divorce. Even more surprising is the fact that the Chicago judge made an emergency ruling on this issue. Read on to find out what the ruling was. Continue reading

Divorce is never ideal. Even in the most amicable of divorces, it is never the outcome that any couple dreams of on the day that they fall in philippines-holiday-indicates-asian-vacation-or-getawaylove and decide to get married. However, as difficult as divorce might be, financially, emotionally, and otherwise, imagine the alternative. Imagine that you are stuck married to a spouse with whom you are miserable, just because the laws of your county make it that way.

This is exactly the case in the Philippines, the only country in the world (outside of the Vatican), where divorce is still illegal. There, couples may file for a legal separation, which would allow them to lead separate lives and split their property, but they remain legally married. If parties do become legally separated, they are not able to remarry later, and even worse, if they become engaged in a new relationship even after legal separation has been granted, they risk being criminally charged for committing adultery. Continue reading

There are few things that can affect a parent emotionally like discovering that the other parent has removed their child from California and filed a restraining order in another state. The California legal system is difficult enough to navigate. Having to deal with another state’s legal system can make this process even more daunting.file0001635828147

Generally, the system of laws between states is designed to prevent a spouse who removes a child to another state from having a litigation advantage, even when they file a restraining order. This is because every state’s laws (except Massachusetts) is based on a uniform law called the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). Continue reading

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If you haven’t heard the news by now, I can only assume that you have been living under a rock or buried in a media-less hole for some time now. And yes, by “the news”, I mean the news of Brad Pitt and Angelina Jolie’s impending divorce.

When Angelina filed her petition for divorce on September 19 the split quickly became the only thing that anyone has talked about since, or so it seems. Although the couple has been together for 12 years, and have 6 kids together, they were only married for a short two years, and the divorce came as a complete shock to the public, and apparently also came as a complete shock to Brad himself. Continue reading

couple arguingConsanguinity comes from a Latin word “consanguinitas” and meaning “blood relation.” In English is just means your blood relatives.  That would be your mother or father or your children.  There is also what is referred to as “affinity” which in layman’s terms it is the property of being from the same kinship as another person. That is your relatives that are not a blood relation.  Your spouse, your in-laws, your aunt or uncle by marriage are all examples of non-blood relations. In even simpler terms, they both refer to your relatives.

In family law consanguinity and affinity are very important terms when it comes to Domestic Violence Restraining Orders (“DVRO”).  Under California law, in order to obtain a domestic violence the party seeking protection and the party to be restrained must 1) be married or formerly married, 2) in a current or past dating relationship, 3) be current or former cohabitants, 4) be the parents of a child or the child themselves, or 5) be any “other person related by consanguinity or affinity within the second degree.” Family Code §6211.

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As much as Johnny Depp has tried to keep the happenings of his divorce from Amber Heard under wraps, the media continues to report as their story unfolds. The latest headlines from Johnny and Amber’s divorce indicate that the parties have each set depositions of the other, which may or may not be postponed. Regarding the depositions, each of their attorneys have made varying allegations about the other party. It appears that although Amber showed up for a previously scheduled deposition date, Johnny’s attorneys were unable to take testimony from her because she was in the next room room crying, pacing, screaming, yelling, and laughing the entire time. Of course Amber’s lawyers say that this is completely false. Amber’s “people” also stated that it’s “highly unlikely that Johnny will appear and cooperate” for his upcoming deposition.

It is unlikely that when you think of the divorce process, you associate it with the taking of depositions. That is because depositions may not be as widely used in family as they are in other areas of law, but even so, depositions can be a valuable resource in a contested divorce matter. The following are some facts regarding depositions as they relate to divorce proceedings.

 

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home-158089_960_720There are so many reasons a client wants to remain in the family home after the divorce proceedings have been filed.  Often it is a custodial parent who wants to provide normalcy for their children.  Other times it is for financial or emotional reasons, or a combination of the three.  Whatever the reason, unless one party agrees to move out of the residence,  a court order will be required to exclude a party from living in the family residence.

Deciding who will remain in the residence at the beginning of a case is a problem nearly every family law litigant will face; requiring the assistance of the court in reaching that decision is far less common.  In most cases, one or both parties will decide to leave the family residence.  In these situations it is important to have a written agreement about who is leaving, who is staying, and how the expenses related to the residence are going to be paid.   These agreements are where most of the controversy lies, especially with regard to the payment of the expenses.  That is an issue that should be addressed in a separate blog.

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As a cast member of the Real Housewives of New York, Jules Wainstein is no stranger to drama. Surprisingly though, Jules’ impending divorce from husband Michael Wainstein filed in June has already been deemed the most dramatic divorce in Housewives history. And while it may be the most dramatic divorce the show and its cast have ever seen, Jules’ situation is actually not all that uncommon out here in the REAL, real world.

According to all of the press that the couple has received as of late, it would seem that Jules caught Michael cheating on her with one of her close friends. At that point Michael was prompted to file a petition for divorce after their eight year marriage. Since then, numerous accusations of domestic violence have surfaced, along with recent pictures of police outside the couples’ apartment. Continue reading

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The definition of domestic violence is best summed up by the National Coalition Against Domestic Violence (“NCADV”). According to NCADV, Domestic Violence is defined as “the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another.”

As if divorce was not difficult enough, many family law litigants find themselves having to deal with domestic violence issues. When most people think of domestic violence, they tend to think of physical violence, but in California the definition is much broader. Continue reading