san diego family law

If you are convicted of a domestic violence crime, the court will issue a criminal protective order. This order will most likely include a no contact order, a no negative contact order, or allow a peaceful exchange of children.

A no contact order is an order preventing the defendant from making any contact with the victim whatsoever. This means the defendant must not talk, call, e-mail, or make any other type of contact with the victim.

A no negative contact order is an order preventing the defendant from making negative contact with the victim. The defendant is allowed to make contact and live with the victim, but is not allowed to annoy, harass, or alarm the victim. A violation of this order will most likely result in the court issuing a no contact order.

A peaceful exchange of children is an exception to a no contact order. The defendant will still be restrained from making any contact with the victim. However, the defendant can make contact with the victim if the defendant is there to pick up their child for child custody and visitation purposes.

The courts are increasingly serving defendants with criminal protective orders at arraignments on domestic violence charges.

If you or a loved one is facing a domestic violence charge, you may be served with a criminal protective order. It is important that you speak with an experienced domestic violence attorney to know what your rights are. At Wallin & Klarich, our Southern California domestic violence attorneys have over 30 years of experience. We will fully inform you of your rights and defend you in the court of law. Call us today at (888) 280-6839 or contact us through our website at www.wklawdomesticviolence.com. We will be there when you call.

In San Diego, California, the courts are often faced with deciding who will be granted custody of a child due to a variety of circumstances. Do you currently find yourself or a loved one involved in a child custody case? If so, it is important to understand all of the child custody laws in the state of California, especially as they are applied in San Diego. To begin, child custody can be petitioned by parents, stepparents, grandparents, or as the California Family Code Section 3040 states “any other person or persons deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.” Once all of the parties have been determined in your case, the courts must then decide who should be granted custody. The code also addresses this by stating that “custody should be granted in… [an] order of preference according to the best interest of the child.”

In San Diego, the best way to make sure you are the party that prevails, and that gains custody of your child, is to make sure you have a good San Diego child custody lawyer. The San Diego child custody lawyer that you hire can make all the difference in your case. Your San Diego child custody lawyer can help determine a plan to demonstrate that you are the best guardian of your child and that you continually have the best interest of your child in mind.

If you or someone you love is seeking custody of a child or children in San Diego County, please contact Wallin and Klarich today via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County criminal case.

If you are going through a divorce or other child custody dispute in San Diego, you might have noticed that there are many family law lawyers in San Diego.  With so many attorneys out there, it can be difficult to know which lawyer to hire.  Should you hire a man or a woman?  Should your lawyer be young or old?  Should your lawyer be super aggressive or friendly?  The answer to these questions may depend on your own personality or your own needs, but here is one piece of advice: you need a San Diego family law attorney who knows the law.

Not enough can be said about lawyers who know the law and know how to use the law to your advantage.  Here’s a quick example from a case I recently saw.  When a party wants to go to court to ask the judge to make an order about child support, child custody, child visitation, and the like, the party will file either a Motion or an Order to Show Cause (OSC) with the court and obtain a court date.  Most lawyers will tell you that a normal Motion is exactly the same thing as an OSC—that the two are interchangeable.  There are even judges who do not recognize any difference between the two.  In fact, when a party files a Motion with the court, the Motion will show up on the calendar as an OSC.  Despite all this, the truth is that a Motion and an OSC are not the same.  The two share the same purpose and the same function, however, there are times when a party must file a Motion instead of an OSC.  In some cases, filing an OSC instead of a Motion can be a huge disadvantage to a party if the other attorney knew the difference between the two.  This little issue can be so important in some cases that it could mean the difference between either winning or losing the case.

This is just one example of a bit of the law that most San Diego divorce and family lawyers do not even know about.  If you have a family attorney in San Diego that knows the law, that can give you a huge advantage over the opposing party.  When you are in the process of deciding which lawyer to hire, we at Wallin & Klarich recommend that you spend enough time to sit down and talk to your lawyer about the law applicable to your case.  Ask the lawyer what legal strategies he or she would use to maximize your chances of success.  Ask all the questions necessary to find out whether or not the San Diego lawyer really knows the law.

If you or someone you love is going through a child custody dispute in San Diego County, please contact Wallin & Klarich today via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County family law case.