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Entries in domestic violence (2)

Wednesday
Feb262014

New Family Law Adds Impersonation to Domestic Violence Claims

 

by Michelle S. Robins

 

Identity thieves beware, restraining orders can and will be issued against you in the future. 

Certain sections of the California Family Code regarding domestic violence have been repealed and amended, going into effect as of July 1, 2014. Currently, the law says a court may decree that a party cannot molest, threaten, attack, strike, stalk, sexually assault, batter, harass, destroy the personal property, contact (via telephone or mail, directly or indirectly) or otherwise disturb the peace of certain named family or household members.  

In July, add credibly impersonate or falsely personate, to this list.

Assembly Bill 157, written by Nora Campos of the 27th District, makes it a crime to falsely impersonate or steal the identity of a domestic violence victim. According to Campos' State Assembly website, false impersonation online is becoming a growing problem for those who suffer abuse.

When the law goes into effect, a judge may issue an ex parte restraining order against a person that falsely impersonates another person.  This means that the alleged domestic violence victim may not have to give the domestic violence perpetrator notice of a request for a restraining order or the time required for notice may be shortened. 

Furthermore, in some cases, the alleged domestic violence perpetrator does not even have to be present in court when temporary domestic violence restraining orders are issued.  Once restraining orders are issued, those who violate the order may be held in contempt of, which is a misdemeanor.

Disclaimer:

This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only, to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for obtaining legal advice from a licensed professional attorney in your state.

Thursday
Mar082012

Supervised Visitation – Monitored Visits Keep Children Comfortable and Safe

Encino Tarzana Divorce LawyerChild Custody and Support Attorney Los Angeles

by Vanessa Soto Nellis
818.907.3274

San Fernando Valley Custody Lawyer Los Angeles

 

Not all supervised visitation orders are made by a family law court because of the potential for violence or abuse.

Sometimes a court will order a monitored visit by a third party simply to keep a child comfortable with a parent – especially if the parent had problems parenting (e.g., discussed inappropriate topics, did not properly supervise the child, etc.), has been absent for a period of time, or to introduce a parent to a child when no previous relationship existed.

Of course, there are the more serious situations for which supervised visits are ordered: There may be a threat of abduction in contentious divorces where child custody is in dispute, a parent has a drug or alcohol problem, there is a history of abuse or neglect, or one of the parties suffers mental illness.

No matter what the reason, keep in mind that supervised visits are ordered with your child's best interests in mind, and that the providers of supervised visits should be neutral parties.

 

Finding a Supervised Visit Provider

 

You have three options when choosing someone to supervise visits with your child. You will need to decide if the monitors will be professionals, non-professionals, or therapeutic.

Also, they will need to be at least 21 years old, with no DUI convictions in the last five years, not on probation in the last 10 years, and have no convictions for crimes against another person. They will also need proof of auto insurance so they can transport the child to and from supervised visitations, if necessary. There are agencies that will provide monitors as well as a location for visits.

1. Professional Providers – Your Child Custody Lawyer will generally have a list of referrals for you. Here in California, these providers will comply with standard 5.20 of the California Standards of Judicial Administration. They and their staff will have background clearances.  

Many will also be registered with TrustLine (1-800-822-8490) – if you can get the provider's CA driver's license number and name, TrustLine will be able to tell you if there are any criminal convictions or reports of abuse by that provider in California. 

2. Non-Professional Providers – Some parents feel more comfortable asking a family member or friend to act as a supervised visitation provider. However, there are certain conditions. The non-professional supervised visit provider must be: 

a.)   A neutral party, impartial to either parent (e.g., a mutual friend), and able to avoid conflicts of interest 

b.)  Able to speak the same language as the visiting parent and the child 

c.)   Able to follow court orders, including compliance with standard 5.20 of the California Standards of Judicial Administration 

d.)  Able to make reasonable efforts to assure safety and welfare of the children and adults during the visitation 

The non-professional monitors may need to testify in court, if a custody dispute arises.

3. Therapeutic Providers – These supervised visitation monitors are mental health professionals. Monitored visits will occur in a clinical setting.

If you have more than one child, the number of monitors required depends on a variety of factors, such as their ages and levels of risk to the welfare of the children.

If you need more information about implementing supervised visits while processing and finalizing your divorce proceedings, you can reach me at 818.990.2120.

 

Vanessa Soto Nellis is a Los Angeles Divorce and Child Custody Lawyer in our Family Law Practice Group.

 

Disclaimer:
This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only, to provide general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for obtaining legal advice from a licensed professional attorney in your state.
LEWITT HACKMAN | 16633 Ventura Boulevard, Eleventh Floor, Encino, California 91436-1865 | 818.990.2120