California Family Law Blog

False accusations of violence or abuse are endemic in family law cases. The California Senate and the Assembly Committee on Public Safety recently approved a misguided bill which will make the problem worse by easing the way for spurious spousal rape allegations to be used against fathers.

Victims of spousal rape deserve protection, and current California law provides it. In order for the state to prosecute a spousal rape charge, the accuser need only to have mentioned the violation within a year of its occurrence to any of a wide variety of medical, law enforcement, clerical, legal or psychological personnel, or there must be corroborating, independent, court admissible evidence.

SB 1402, sponsored by Senator Sheila Kuehl (D-Los Angeles), eliminates the distinction between spousal rape and other rapes, thus allowing for spousal rape prosecutions six years later, even if there was no mention or independent evidence of the crime in previous years. Under SB 1402, when aggravated spousal rape is alleged, there would be no statute of limitations.

Continue reading " California Spousal Rape Bill Will Harm Innocent Men " »

The court of appeals held that Prob. Code 1516.5 , which authorizes a trial court to declare a child free from parental custody and control if the child would benefit from adoption by a legal guardian who has had custody for at least two years, is constitutional. It futher held that Probate Code 1516. 5 is retroactive, and applies after two year of guardianship, regardless of whether part of the two year period occurred before the statue became law.

Continue reading " Statute Authorizing Adpotion is Constitutional " »

Published 12:01 am PDT Monday, June 19, 2006
Story appeared on Page A3 of The Bee

Assemblywomen sent a clear message to Sen. Kevin Murray last week: no dice. They were angry over Senate Bill 1015, an effort to restrict public access to financial records in California divorcecases. The bill is seen as a favor to billionaire grocery magnate and financier Ron Burkle, whose spokesman denies any link.

Murray on Thursday tried to remove the bill's urgency clause, a typically routine amendment allowing passage by 41 Assembly votes, not 54. But female lawmakers stymied the effort. Five voted yes, 14 no, and six abstained.
Many assemblywomen are pushing their own amendments, unacceptable to Murray, that would address concerns that women may suffer more in divorces from reduced access to their husbands' financial records.

Even though this bill did not pass, there are times when you can petition the court to have the financial records in a case sealed. Usually the court will grant the request which is done by an Ex-Parte Order.

CARSON CITY -- With leads emerging in Northern California, law enforcement officials on Wednesday continued their manhunt for Darren Mack.

Mack, 45, is the prime suspect in Monday's shooting of Washoe County Family Court Judge Chuck Weller, who in a statement said incidents in recent weeks had caused him concern for his safety and that of his family.

The Reno Police Department announced that a corporate credit card issued to Mack's business, Palace Jewelry and Loan, was used at the Sacramento International Airport parking garage about 2:30 p.m. Monday, hours after Weller was shot in the chest and Mack's estranged wife was stabbed to death. Mack, the cousin of former Las Vegas City

Continue reading " Hunt for man who shot Reno judge focuses on California " »

Many people ask how do I calculate child support in my case. There is no boiler plate answer for this. Child support orders are normally what are known as "guideline orders." This means that based on your circumstances, the biggest three being, your income, your spouse / mother of your child's income and your timeshare with your child/children.

Continue reading " Child Support Calculator " »