San Diego Divorce Attorney Blog

A recent decision from the Fourth District Court of Appeals in San Diego, In re I.A., et al, affirmed a trial court decision to remove two children from their home after the children allegedly witnessed one or more incidents of domestic violence between their parents involving weapons. The mother had appealed the trial court's order, challenging the sufficiency of the evidence.

The case began with a petition by the San Diego County Health and Human Services Agency on behalf of two children, identified as 4 year-old I.A. and 2 year-old N.A. The petition alleged that the children were at "substantial risk of serious physical harm" due to domestic violence between their parents, identified as M.G., their mother, and Ivan A., their father. The parents were apparently divorced but living together for financial reasons. The Agency alleged that the parents had an argument in the presence of the children in which Ivan threatened to hurt M.G., after which M.G. used a cup to hit Ivan on the head, making his nose bleed, and cut him on the arm and chest with a box cutter. Police arrested M.G. and charged her with assault with a deadly weapon, but Ivan declined to request a protective order and helped pay her bail.

The Agency took the children to a children's center and later placed them with nonrelative extended family. I.A., the older of the two children, told the social worker assigned to the case that he had witnessed arguments and incidents of violence between his parents, including attempts by Ivan to choke M.G., but he denied seeing the box cutter attack. While the parents' accounts of the fight conflicted in many ways, the main aggressor was found to the the mother, M.G. She reportedly expressed remorse and agreed to work services that would reunite her with the children.

After a hearing that included testimony from social workers and child care workers assigned to the case and who had worked with the parents and the children, the court concluded that domestic violence had occurred. It ordered the children placed with the nonrelative extended family member and ordered the parents to engage in reunification services. M.G. appealed, contending that the evidence did not support the court's findings of domestic violence or risk to the children.

Continue reading "Court Approves Removal of Children from San Diego Home Because of Domestic Violence" »

A San Diego area woman was ordered by a family court judge to pay $1,000 per month in spousal support to her ex-husband, who is currently serving a six-year prison sentence for abusing her. While this may seem contradictory, both the criminal conviction and the award of spousal support follow the letter of two separate areas of the law. Whether they follow the spirit of the law may be another question entirely. The woman appealed the order, arguing in part that her ex-husband has no expenses while incarcerated. The judge agreed and reversed the order, but the ex-husband will be within his legal rights to ask for spousal support again upon his release.

The divorce of Crystal Harris and Shawn Harris, filed in 2007, became final in 2010 after twelve years of marriage. That same year, Shawn Harris went on trial for an alleged incident of sexual assault in 2008, part of a years-long pattern of abuse. Crystal Harris had used a hidden recorder to obtain evidence of abuse. A jury convicted Shawn Harris of forced oral copulation, but additional charges of spousal rape by force and sodomy resulted in a hung jury. He received a sentence of six years' imprisonment and will be eligible for release in 2014.

Crystal Harris works as a financial analyst, earning around $110,000 per year. Shawn Harris worked as a car salesman, but Crystal Harris had supported him since the birth of their first child in 2002. Under those circumstances, California law permits a judge to award spousal support to the spouse earning less money. The judge awarded him $1,000 per month in spousal support and ordered Crystal Harris to pay $47,000 towards his legal fees.

The statute allows an award of up to $3,000 per month in the Harris' circumstances, but it also gives a judge discretion to reduce or eliminate the amount of the award when the receiving spouse has been convicted of domestic violence. The only time a judge is prohibited from awarding spousal support at all is when the spouse has been convicted of the attempted murder of the other spouse. The judge lowered the support amount to $1,000 because of the conviction, which Crystal Harris called the "rape discount."

Continue reading "California Woman Ordered to Pay Spousal Support to Abusive Ex" »

Foster children, almost by definition, have faced more than their fair share of obstacles and difficulties. Whatever circumstances brought them into the foster care system, someone in a position of authority had to make a determination that those circumstances merited removing them from their homes and placing them somewhere else. It is therefore upsetting to learn that foster children in California and around the country are becoming the victims of identity theft in ever greater numbers, as reported recently in the California Bar Journal. Often because of the uncertain situation in which they live, foster children make an attractive target for unscrupulous identity thieves. California divorce attorneys who might have to deal with situations of abuse or neglect of children must understand the risks these children face.

Children usually land in foster care after a report of abuse or neglect leads to an investigation by state or local child protection agencies. Case workers may recommend removal of the child or children, who may then be placed with relatives or with families approved by the state as foster homes. In some instances, children may go to a facility such as a hospital or group home. While the removal may prove to truly be in the child's best interest, it often leaves the child emotionally, and as it turns out financially, vulnerable. Identity thieves may prey on them for their pristine credit scores.

An investigation led by the California Office of Privacy Protection in Los Angeles County looked at older children in the foster system to determine the extent of the problem and develop processes to repair damage and prevent future harm. State and county officials ran credit checks on 2,110 youths aged 16 to 17 in the foster system. Generally speaking, children should not have credit histories. They found that five percent of the group, 104 children, had credit problems. They identified 247 accounts opened in these children's names, with some resulting from simple errors and others from outright identity theft. They found an average account balance of $1,811, and in one case a child had a $217,000 home mortgage outstanding. The officials were able to clear all of the problem accounts.

Studies on identity theft have yielded widely varied results. A study by a security firm that deal with identity theft issues found possible identity fraud in 140,000 children out of a total of 172,000 enrolled in their program. Another firm found 10.2 percent of the children enrolled had suspicious outstanding credit balances.

Continue reading "California Foster Children Deal With Identity Theft" »

In the past year, San Diego County has had 17,000 reported incidents of domestic violence. Twelve domestic violence cases resulted in murder. Both the City and County of San Diego recently announced the formation of the Domestic Violence High Risk Response Team, a collaboration between city and county law enforcement to identify cases with a high risk of extreme violence or death and to direct resources to the victim right away. Additionally, a program called Thriving, Healthy Relationships in Violent-Free Environments will handle lower-risk cases involving victims living with minor children.

San Diego seems to have had a surge in domestic violence recently. The Response Team's formation is partly a response to the October 2010 murder of 19 year-old Diana Gonzalez. Gonzalez's estranged husband, Armando Gabriel Perez, is alleged to have murdered her on the San Diego City College campus. Perez is still at large, and authorities believe he is hiding in Mexico. Gonzalez's death has become a rallying cry for many to fight against domestic violence. California Governor Jerry Brown signed a bill into law that was inspired by the Gonzalez case. The new law enhances punishments for people convicted of strangling or suffocating a spouse or partner.

Another case that helped inspire the Response Team is that of Rosa Lisowski, who had filed for divorce from her husband in 2008 after enduring years of abuse. She disappeared in March 2008. Her husband was convicted of her murder and committed suicide in jail in 2010 while awaiting sentencing. Her niece, Veronica Ramos, said that Lisowski was not aware of resources available to her and that she did not report much of the abuse she suffered.

The Response Team, led by the district attorney's office, includes local law enforcement, county officials, and nonprofit organizations. Law enforcement or medical officials will identify cases presenting a high risk for violence or homicide and will report the cases to the Response Team. The Response Team will then determine what resources are needed to provide immediate help to the victims. The Thriving, Healthy Relationships in Violent-Free Environments program will be headed by the city attorney's office and will focus on early intervention to keep situations from becoming more violent or dangerous.

Continue reading "Preventing Domestic Violence in San Diego" »

In a recent "Not To Be Published" (this case cannot be cited in legal Points and Authorities) appellate court decision, In re the Marriage of CELIA L. and ROBERT N. BURNS, a Father's appeal of a trial court decision, allowing the Mother to move away with the minor child, was dismissed. The purpose of this posting is to provide a brief analysis of this case to better understand why the motion was successful for the Mother and why the Father's effort to block the move away failed.

As a San Diego Certified Family Law Specialist lawyer, I have handled many child custody move away cases (also known as child custody relocation cases). With a La Jolla family law office, we see clients who are financially mobile. We see clients who have school or work opportunities in other parts of the country or the world. Also, it is common that when a marriage breaks up, the primary custody parent will want to move back home with his/her family in another state. The United States is a very mobile country. People have a desire or a need to move. It is our job to know when the Court is likely to allow the move or likely to deny that a parent may relocate with a child.

In the Burns case, the Father stated that when the mother left the marriage, she moved, with a child of the marriage, to another city, and that relocation was unlawful and should not have permitted by the trial court. The parties met in 2004 and married in 2005. The marriage was unsuccessful, almost from the start. Allegations of anger, domestic violence and irreconcilable differences led to the Mother filing for divorce in 2007. Amidst Order to Show Cause motions for custody and Domestic Violence Restraining Order filings, the Mother moved away with the child. Immediately we see that the Father made procedural mistakes at this early stage of the case. Possibly the Father was a self represented litigant at this stage as the court proceedings contain many over the top statements by the Father in connection with the custody case. Hyperbole and drama is not a good substitute for evidence.

Continue reading "California Child Custody Move Away Request Granted" »

The Daily Mail published a report of a wealthy California Husband, Mr. Saadian, who reportedly engaged in extramarital activities, contracted a STD (sexually transmitted disease) and passed the STD on to his Wife. This alone is not "news" as this situation occurs all the time in modern day America. What makes this case different, according to the report, is that the Wife retained a Family Law lawyer, filed for a divorce, and hired a tort lawyer then sued her Husband for sexual battery, fraud, infliction of emotional distress, among other civil tort claims.

The Saadian tort case was filed in the Los Angeles Superior Court and was tried in front of a jury. The jury came back with an award in favor of the Wife in the amount of $2.49 million. The news report states that the Wife was awarded future medical treatment, approximately $2 million for past and future pain and suffering plus punitive damages.

As a San Diego Certified Family Law Specialist attorney I am referred cases which occasionally involve a tort case inside the divorce case. Researching the law, it is clear that the ability of a spouse to sue the spouse for a marital tort has changed significantly in recent years. If you are filing for a divorce and you have been the victim of a domestic violence incident(s), or other marital torts (for example, rape, fraud, conversion, etc.) disclose this to your family law attorney so that important procedural decisions may be made as to both legal actions. More than once I have brought a civil litigation trial attorney into the divorce case so that the marital tort may be correctly handled. Keep in mind that the Saadian case went to a jury. A family law trial will never go to a jury so the civil litigation attorney may not want to join the marital tort case to the divorce case.

Continue reading "California Divorce Report: Marital Tort" »

We've heard about it all summer. We've heard of the allegations affecting the child custody outcome. We've heard the audio tapes or at least some of them. We've noticed the silent denial as to the tapes. We've seen the reports of Oksana on the Larry King show. We know that the issues include, child's best interest; the Father is out of control and shouldn't have any child custody rights because of his untreated medical condition; we've heard that the Mother should only have limited or supervised visitation because of her monetary extortion attempt. As a San Diego Certified Family Law Specialist attorney, I am well aware of the arguments that will be made on both sides, however, which side will make the better argument?

According to news coverage as to this case, we will soon have our answers to these issues and questions as reportedly, the Mel Gibson and Oksana Grigorieva child custody hearing will occur on Monday, November 21, 2010. Reportedly, Oksana will say that Mel Gibson is out of control. He must take his medication. Oksana claims to be a domestic violence victim. She states that she fears for her safety, and also for the safety of baby Lucia. Conversely, Mel Gibson intends to show up in court and to request the physical custody of the child because, reportedly, he alleges that Oksana is out of control; she is angry with Mel Gibson and only seeking a monetary extortion from Mr. Gibson thereby resulting in her not acting in the child's best interst.

We can picture Mel Gibson's attorney arguing that the law of the state of California, in the attorney's opinion, requires that both parents share the child. And, that Oksana's obsession with cashing in Mr. Gibson's wealth has caused her to fight viciously and deplorably in a manner that prevents her from being willing to share child custody with Mr. Gibson. We can picture Oksana's attorney equally passionate with the counter argument:

Continue reading "Mel Gibson Custody Case Goes to Court" »

This blog has posted two articles about the Trial of Shelley Malil, Los Angeles actor who dated and was arrested for stabbing Kendra Beebe in 2008 when he came to her home uninvited and found her conversing with another man. On September 16, 2010, the jury reached a Guilty verdict for premeditated attempted murder as reported by Dana Littlefield of the San Diego Union Tribune. La Jolla divorce attorneys are not shocked as domestic violence can occur in relationships all over town and all sections of society.

The first blog (found here) discussed how Malil's defense attorney tried to use a "lie" from the victim, Beebe, which occurred in her divorce, child custody, case, against her in the criminal case. The blog discussed the significance of truthful testimony in San Diego divorce cases and how a lie, when discovered, can be used against a person in the divorce case and in other proceedings. This blog was significant as it displayed how Kendra Beebe could have been stabbed with a butcher knife over 20 times and the perpetrator of this domestic violence gave the jury a reason to return with a "not guilty" verdict simply based on the fact that the victim had previously lied in another court about an unrelated matter. San Diego Certified Family Law Specialist attorneys are familiar with the significance of lies in family law cases.

The second blog (found here) reported defendant Malil's testimony and commented on how difficult it was to believe his testimony. Should he not have taken the stand to testify? Did he think his acting experience would assist his presentation in front of the jury? When he took the stand he told a seemingly convoluted story which directly confronted and appeared to contradict the foundational facts of the criminal trial. The victim, Beebe, called the testimony "bizarre fiction" after the jury verdict. Apparently, the jury, after hearing Malil call Beebe a liar, did not believe Malil's testimony.

Continue reading "San Diego Divorce News--Domestic Violence Trial and Conviction" »

This blog reported previously on the ongoing criminal trial in Vista California. Actor Shelley Malil is the defendant charged with attempted murder and other felony charges for the knife stabbing of Kendra Beebe. The prior blog dealt with the fact that the defense attorney caused victim Beebe to admit that she had previously lied in court in her family law case. This was done in an attempt to cause the jury to have less regard for the victim and to allow the defense to argue, in closing, that the victim's testimony in the criminal trial may not have been truthful. As a La Jolla divorce attorney, this blog posts articles on actors and family law issues; however this case is different.

However, last Thursday, actor Shelley Malil, the defendant, took the stand and testified according to a Fox News article published on 9/10/10. Defendant Malil has pleaded Not Guilty to the attempted murder, assault with a deadly weapon and other charges. He testified that he never intended to hurt Beebe. He was shown pictures of the knife wounds that Beebe suffered and testified that he had "no idea" that the knife he was holding caused those injuries. Really? He testified that he came to Beebe's home the night of the attack and found her drinking wine with another male. Why did he come to the home with a knife? Why did he not leave when he saw Beebe with someone else? Did he just drop in? Uninvited? With a knife? What was his intent? (The prosecutor claims Kalil used two knives.) Beebe was stabbed over 20 times, suffered a punctured lung but survived the attack.

Family law domestic violence cases often result in criminal prosecutions. Divorce court Domestic Violence Restraining Orders are treated seriously and can result in the loss of child custody rights, an order for attorney's fees, a higher spousal support order and other consequences. Criminal defendants have a right to remain silent. The prosecution must prove the case beyond a reasonable doubt. Defendant Kalil may have decided that the prosecution is proving its case and that he has no choice but to testify.

Continue reading "San Diego Domestic Violence Felony Trial--Who's Lying Now?" »

News reports continue regarding the Mel Gibson case and two of them are described in this blog. As you may know, Mel Gibson, affluent Hollywood actor commenced a relationship with Oksana , Russian pianist. A child reportedly of this relationship was born on October 30, 2009. During the summer of 2010, Oksana obtained a restraining order against Mel Gibson wherein she claimed domestic violence. A number of voice tapes found their way into the media. Recently there was a report that the tapes were altered in some way. Law enforcement has yet to decide whether or not to prosecute Mel Gibson; and last, but not least, Oksana filed for and received a temporary child support order. Reportedly, Mel Gibson pays Oksana $5000 per month plus he pays the expenses (in an amount unknown) for a home in Los Angeles where Oksana and the child lives.

This blog has previously reported on the Mel Gibson-Oksana Grigorieva case. Particularly as to the Domestic Violence Restraining Order and the tape recording evidence that is being used in Oksana's case and which may itself constitute a legal violation.

As a San Diego Certified Family Law Specialist attorney who has handled many cases of this nature, I can see that the parties are actually moving toward expanded litigation in court at this time. Occasionally, behind the scenes negotiations are moving forward in an effort to settle the case; however here, all of the reports lead this blog to conclude that settlement is not necessary. Consider the following reasons:

Continue reading "California Divorce Update: Mel Gibson" »

Dana Littlefield is a news reporter for the San Diego Union Tribune and recently wrote a news article that has issues spilling over into divorce, child custody, domestic violence, attempted murder and lying. It is far more convoluted than it should be, but that is probably due to the background of this case, both in the area of criminal law and the divorce court case involving the victim. Just when you thought that the Real Housewives of Orange County was over the top, real life stories such as this are reported. As a San Diego child custody attorney this story caught my attention. Let's break it down:

First, Shelley Malil, (see photo) age 45, is an actor. He had a minor role in the movie The 40 Year Old Virgin. Second, Kendra Beebe, attractive, age 38, previously involved in a messy divorce case in San Diego County. Third, they met online. Forth, they started dating. Fifth, according to reports (possibly a criminal defense version of the facts), Beebe was seeing another man in August 2008 when Malil reportedly showed up at her home in Vista, California, with two knives. (Why two?) Sixth, Malil reportedly stabbed Beebe over 20 times puncturing Beebe's lung and causing other injuries. Seventh, Malil is now on trial for the attempted murder of Beebe. And finally, eighth, Malil's defense attorney cross examined Beebe, at Malil's felony trial, about the time that she lied in her child custody divorce case.

During a San Diego divorce case, Beebe was asked, under oath if she had removed the children from San Diego County. (It is typical to order that a parent will be notified when you take the children out of the County.) Beebe answered "no" under oath and that was a lie. She admitted to the lie in the Malil felony trial.

Continue reading "San Diego Divorce Court "Lie" Used in Criminal Court" »

There has been much interest by San Diego divorce attorneys and California divorce lawyers as to the recent story that Charlie Sheen was sentenced to essentially nothing as a result of his reported plea of guilty to a domestic violence charge in the State of Colorado.

My last blog was about this event and reported the facts from a news article. A well known Los Angeles attorney stated that Colorado rolled out the red carpet for Mr. Sheen. Others have commented that Mr. Sheen received "celebrity treatment" when he was sentenced to a California rehab center and given credit for time already served there which could mean that Mr. Sheen faces little or no consequence in this case. Mr. Sheen was arrested after his wife called 911 in Colorado and reportedly stated that Mr. Sheen threatened her with a knife and that she was "scared for my life..." further that, "I thought I was going to die for one hour." (This is reported in the Daily Mail article by Daniel Bates.)

The last blog established what constitutes "domestic violence" under California Family Law. Further, who is entitled to protection in the San Diego divorce court for Domestic Violence Restraining Orders. And, how findings of domestic violence can alter the custody and support orders issued in the San Diego Family Law courts.

Continue reading "San Diego Family Law News-Domestic Violence Part II" »

As a San Diego divorce lawyer and Certified Family Law Specialist for over thirty years I have seen substance abuse, alcohol abuse and many other factors will cause tension and stress to build and many time release itself in the form of spousal abuse, or domestic violence.

Domestic violence, simply put, is a type of prohibited violence (usually an assault or a battery) committed by one person of a statutorily defined relationship against another person of the same defined relationship (usually a married couple). The violence is of the type that puts the victim in fear of harm (usually bodily injury) by virtue of the violence of the perpetrator. If a Domestic Violence Restraining Order is granted by the court, the victim will be the protected party and the perpetrator will be the restrained party.

Domestic Violence may result in criminal and/or civil court actions and consequences. A recent news story described that actor Charlie Sheen pled guilty to a charge of committing domestic violence (criminal) against his Wife in Aspen Colorado. The assault occurred last December and Mr. Sheen just entered his plea. According to the plea bargaining, Mr. Sheen will not be sent to jail however he may serve time at a rehab center in California (this decision is reportedly up to the rehab center whether Mr. Sheen will receive credit for prior days spent in the rehab center).

This plea deal and court order reportedly caused California attorney Gloria Allred to openly criticize the sentencing. The Riley Center reports that 50% of all women murdered in the US are murdered by a spouse or close acquaintance. Further that domestic violence occurs in 60% of all marriages. In my experience, domestic violence is perpetrated by both Husbands and Wives.

Continue reading "California Domestic Violence Laws Affect Custody and Support Orders" »

In the middle of July 2010 the news stories were full of the audio taping of a conversation between Mel Gibson and his supposed girlfriend, Oksana Grigorieva. SignonSanDiego.com carried a story written by Anthony McCartney, an AP entertainment writer, as to this story. Reportedly Mel and Oksana were face to face and Oksana covertly recorded Mel in his outburst(s) against her.

As a La Jolla divorce attorney we received many cases into my office pertaining to Domestic Violence Restraining Orders. We are often asked, "can I record the telephone call"? Or, "can I record my spouse (or the person with whom the client was living)"? California law on these questions can be complex. The answers here are for information purposes only. You must clarify these questions with an attorney as the answer may change according to the circumstances.

First, you must make a distinction between recorded telephone calls and in person conversations. California requires mutual consent, or two-party consent as to taping phone calls. For many of our clients, when the situation is appropriate, we obtain a court order which specifically allows the taping of phone calls. California provides a Penal Code section for the recording of a phone call without prior court approval and without consent. Since this code section may result in serious consequences, one must be very cautious prior to recording a phone call.

Continue reading "San Diego Divorce News of Abuse, Lies and Audiotape" »

As a La Jolla Divorce attorney and Certified Family Law Specialist I have reviewed many divorce filings. I have received the initial divorce paperwork filed by Camille Grammer. She is the Petitioner in this divorce action filed in the Los Angeles Superior Court. There is a good article about this filing by Joe Dziemianowicz and Nancy Dillon in the New York Dailey News.

Camille, in her Petition, states that the parties were married for 12 years and 10 months. They separated on June 28, 2010. They have two children. (Names of children are not discussed in this blog.) Camille states that she is not fully aware of the community property and separate property. This is standard. Her attorney will take on the obligation of issuing various discovery demands so that she will be better informed of the property identity, valuation, characterization and how items should be divided. Camille requests a dissolution of the marriage based on "irreconcilable differences". (It takes two to get married; however, under California no-fault law, one spouse may state that he or she is done with the marriage without having to specify any reason.) Camille requests sole physical custody of the children with visitation to Kelsey; spousal support (no spousal support to Kelsey); division of property and a Statement of Decision per CCP section 632.

In her Declaration Under UCCJEA, Camille states that her address is "confidential". Under FC section 3429 she may do so if there allegations of domestic violence or child abuse. Either this is just to protect her celebrity home address or this will become an ugly California child custody case. Reportedly, Kelsey is seeking joint physical custody of the children.

Continue reading "California Divorce Filing Analysis: Kelsey Grammer Case" »