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Criminal Defense Archives

How to Prevent a Custody Battle from Turning Ugly

vegetarian-children-custody-battle-537x382-thumb-275x195-76001.jpgLast week, a 27-year-old man from South Carolina, shot and killed his girlfriend, her parents, two children and then turned on himself. According to authorities, he was enmeshed in a custody battle with his girlfriend over their 7-month-old child and felt he wasn't being allowed to visit their daughter as often as he'd like. He was also facing ajail sentence for a burglary he committed.

Falsely Accused of Child Abuse: Understanding The CPS Investigation

false allegations.jpgAll too often allegations of child abuse get brought up in a highly contested child custody litigation. Too many men have become the targets of false allegations. False allegations of domestic violence. False allegations of sexual assault. And false allegations of sexual abuse.

Proof of Criminal Neglect Is Not Necessary For An Initial Adjudication of Dependency

images-thumb-275x183-23637.jpgIn In re Ethan C. (2012) 54 Cal. 4th 610, 143 Cal. Rptr. 3d 565 , the California Supreme Court held that Welfare & Institutions Code section 300(f), which allows an initial adjudication of dependency if the child's parent caused the death of another child through neglect, does not require proof of criminal neglect. Here, the father's failure to strap his infant into a car safety seat, resulting in her death in a car accident, was a sufficient reason for adjudicating his other children dependent.

What Happens If My Ex Refuses To Obey A Court Order?

contempt.jpgIt can be a misdemeanor to disobey a court order.Disobedience of a court order is called contempt. A contempt proceeding is a special proceeding in which, technically speaking, the court and the person charged with contempt are the only parties. However, the person alleged to be aggrieved by disobedience to the order in question is permitted to participate in a role that is, in all but name, that of an amicus curiae. The proceeding is not an adversary proceeding of the usual kind, but courts generally use familiar litigation terms and concepts in discussing contempt proceedings. For example, the California Supreme Court has said that in a prosecution for constructive contempt, the affidavit on which the proceeding is based constitutes the complaint, the affidavit of the defendant constitutes the answer, and the issues of fact are thus framed by the respective affidavits serving as pleadings.

California's Safe At Home Program For Victims Of Domestic Violence

dv-thumb-275x332-45858.jpgThe California Secretary of State Safe at Home program is a special program for victims of domestic violence, stalking and sexual assault. The Safe at Home program is California's confidential address program. It is a state program under the direction of the California Secretary of State's Office. The primary purpose of the program is to provide a free P O Box tovictims of domestic violence, stalking and sexual assault which participants can use in lieu of their residence address with state and local government agencies.

US Supreme Court Holds That Law Enforcement Need A Warrant Before GPS Tracking Can Be Used

Electronic-Discovery-and-the-Fourth-Amendment-thumb-275x182-34535.jpgIn US vs. Jones, the US Supreme Court was asked to decide whether the attachment of a Global Positioning-System (GPS) tracking device to an individual's vehicle, and subsequent use of that device to monitor the vehicle's movements on public streets, constitutes a search or seizure within the meaning of the Fourth Amendment.

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