It may surprise you to know that there is no such thing in California as common law marriage, or to be more accurate, a common law marriage can never be…
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What is Juvenile Dependency Court?
Juvenile Dependency Court was formed to address five important goals:
- To ensure all children have a safe home
- To assist to preserve the family unit whenever possible by providing services which enhance and improve the physical and emotional wellbeing of children, while identifying and addressing potential issues which could lead to an unsafe environment
- If a child cannot be in his or her home of origin, to place children first in a safe home with relatives or friend, and if not, a safe approved foster home
- When a child cannot be returned to his or her parent because it would not be safe to return the child, to identify a permanent home for each child, or if a permanent home cannot be identified, a safe long term foster placement
- To do items 1-4 in a way which keeps all records confidential to protect the privacy of children, their families, and others who assist in meeting items 1-4 on this list
When Can The Government Remove My Child From My Home?
The State of California allows for removal of children from their homes when there is actual or immediate danger to the child, and no reasonable services could be put in place to ensure the safety of the child. The first step the County of San Diego, Juvenile Dependency Until (also know as Department of Children and Family Services, DCSF, Child Protective Services, CPS, or Child Welfare Services, CWS) is to file a petition with the Juvenile Court alleging that the child fall under Welfare and Institutions (WIC) Code Section 300.
The filing of a petition under WIC 300 triggers the court to set Detention Hearing in Juvenile Court. This hearing MUST be set within five (5) business days from the child’s removal.
As such, you must act fast to secure qualified representation. At the hearing, the court will determine whether the allegations in the petition meet the legal standard set in WIC 300 and if the allegations are true. The Court will also determine if reasonable services can be provided to the home which would allow the child to remain in the home. Thus, even if your child was removed before the detention hearing, there is a chance (albeit in experience, a small chance) that your child may be returned to your home after the hearing.
The government can remove your child from your home and place the child outside the family and into protective custody, when the safety of the child cannot be assured in the home. Many times, parents feel the child is safe in their home, but CWS feels differently. When this occurs, the issues is set for a bench trial in front of a Juvenile Court Judge.
In this hearing the County will have an attorney present, known as a Deputy County Counsel, the child will be appointed an attorney from Children’s Legal Services of San Diego (a non-profit agency with a government contract), and parents can appointed an attorney from Dependency Legal Services of San Diego (a non-profit agency with a government contract), OR you can hire a private firm, such a Minella Law Group. At MLG, our caseloads are small and manageable.
At the government contracted non-profits, attorney often have 150 cases OR MORE! To most parents, their children are their #1 priority, and they want an attorney who is easily accessible to them who has the time and ability to go the extra mile.
Times are hard right now and many families struggle with finances, job security, reliable transportation, anxiety, and so many other issues. CWS cases are almost always an extremely traumatic experience for everyone involved. Many people are fearful and distrustful of CWS. Parents are put in an adversarial position to defend against the government’s allegations of abuse and/or neglect. This adds more stress and anxiety to an already painful ordeal.
This is when it is absolutely imperative that you have a seasoned child welfare attorney with strong trial experience on your side. Hiring Minella Law Group gives you a fighting chance. MLG’s Julie O. Wolff is not only a seasoned trial attorney who has been practicing Juvenile Dependency for over ten (10) years, she is a Child Welfare Legal Specialist, a designation through the California Bar Association, National Association of Counsel for Children, and the American Bar Association.
Common reasons for juvenile dependency cases include:
- Physical, emotional, or sexual abuse.
- Neglect, such as failure to provide basic necessities like food, shelter, or medical care.
- Abandonment.
- Parental substance abuse or other issues that impair their ability to care for the child.
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MLG also has several other attorneys with notable experience in Juvenile Court. At MLG you will have a TEAM of attorneys with Juvenile Court experience on your side. For more information or to schedule an appointment or call us at (619) 289-7948. We look forward to helping you.
If you are choosing to adopt a child as your own, you are positively changing more than one life in the process, no matter if you're currently their step parent…
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Did you know based on recent data that the cost of raising a child in California has rose significantly over the past 10 years
- Information gathered from sources like SmartAsset, California is among the most expensive states to raise a child.
- Specifically, those sources indicate that the annual cost of raising a child in California is roughly around $29,468.
- This number includes expenses like:
- Childcare
- Housing
- Food
- Healthcare
- Education
- Transportation.
Raising children is expensive and always a challenge even in the best of circumstances, but for divorced parents, child support can create additional concerns.
For example, what happens when a parent’s income grows, or if a parent loses a job? Continue Reading
In the complex landscape of legal protections, understanding the nuances between different types of court orders can be somewhat challenging. Two such orders that often come up in discussions about…
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Accusations of domestic violence are a serious charge that can result in criminal penalties. In fact, in California, serious domestic violence incidents are charged as felonies. If you are convicted of felony abuse, you can spend up to four years in prison. The punishment may be even longer if you’ve been convicted of the same offense within the past seven years. In these cases, probation is unlikely, even without a previous record, and it is recommended you hire a criminal attorney.
Felony Convictions
Felony charges are pursued when the victim’s injuries are severe, such as broken bones, injuries that need sutures, or trauma so serious it causes permanent brain or body damage.
Assault with a Deadly Weapon
Among the more serious of domestic violence charges in California is assault with a deadly weapon. In rendering a sentence, the court will look at the type of weapon used, whether the victim was injured, and the seriousness of the injury. If found guilty of a felony, this conviction is considered a “strike” under California’s Three Strikes law. If convicted, you face the following penalties:
- Two to four years in California state prison.
- Fines of up to $10,000.
- Victim restitution costs.
- Confiscation of your weapon.
Criminal Threats
Another charge that requires the services of a criminal lawyer is violation of California Penal Code 422 PC: threatening to commit a crime which will result in death or great bodily injury to another person. You do not have to intend to commit the acts threatened – just making them is considered a felony. Criminal threats can be made against anyone, but if they’re made against a family member, they are regarded as crimes of domestic violence.
To obtain a criminal threats conviction against you, each of these facts must be proved beyond a reasonable doubt:
- You willfully threatened to kill or cause great bodily injury to another.
- You orally, in writing, or by electronic means communicated that threat.
- You intended the statement to be understood as a threat.
- The threat communicated a serious intention and the immediate prospect it would be carried out.
- The threat caused the other person to be in fear for their own safety or the safety of another family member.
- The person you threatened had a reasonable fear of your threat.
Obviously, since all these facts must be proved, criminal threat convictions are not easy to obtain, but you will require competent representation if you are accused.
••Minella Law Group Can Help••
If you’ve been accused of committing felony domestic violence, you are best served by consulting with a California family law attorney experienced in such charges. In many cases, it is possible to avoid conviction and the serious consequences that come with such a charge. Reach out to us for your complimentary consultation today at 619.289.7948
Spousal support can become one of the most complex aspects of your California divorce. For more information on divorce in California, contact us.
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Can someone go to jail for domestic violence offenses? Absolutely! Penalties for domestic violence may vary depending on the judge who hears the case, but the state of California has guidelines in place for sentencing. A domestic violence conviction carries the possibility of jail time along with a fine. California law also provides for protective orders for victims of domestic violence.
Which Domestic Violence Offenses Will Send a Person to Jail?
The jail time for domestic violence offenses is affected by a number of issues, including:
- The seriousness of injuries suffered by the victim.
- The existence of any previous record of domestic violence.
While not set in stone, courts typically order a minimum of 30 days for a misdemeanor domestic violence conviction. If it is a first offense, some judges allow the perpetrator to serve probation. Depending on the circumstances, a person can be charged with multiple offenses.
- Jail Time for Domestic Battery. Referred to by the state of California as “battery” or “domestic battery,” battery is a willful, hurtful act that is intended to injure a domestic partner. Domestic partners can be a spouse, child, parent of a child, fiancé, boyfriend or girlfriend. Acts under this definition include grabbing someone’s clothing, punching, and kicking. Under the law, the maximum sentence for this type of offense is one year, or three years’ probation. If given probation, there may also be a fine of up to $2,000 and a requirement to complete a Batter’s Program.
- Jail Time for Child Abuse. The California Penal Code calls for strict punishment for physical child abuse, including acts of fighting and bruising a child, or beating a child severely enough that marks are left. This abuse is considered willful and the Code can also be used to charge the crime as a felony. Charges depend on the facts of the case and the perpetrator’s history of abuse. Penalties include jail time up to one year and up to $6,000 in fines. Probation and completion of a treatment program are also options the court will consider.
- Jail Time for Spousal Abuse. Also referred to as corporal abuse, spousal abuse under California Penal Code 273.5 occurs between intimate partners. Any claimed physical injury must be proven and that proof must be presented to the court. Injuries, which can range from broken bones to severe trauma, must have been inflicted willfully. Punishment ranges from probation to one year in jail, and a fine of up to $6,000 is also imposed.
What Determines Domestic Violence Offenses?
The severity of the penalties, including potential jail or prison sentences, varies significantly based on several factors:
- Severity of the Offense:
- Misdemeanor domestic violence charges typically involve less severe injuries or threats, and may result in shorter jail sentences or alternative penalties like probation.
- Felony domestic violence charges, which often involve serious bodily injury, the use of weapons, or repeat offenses, can lead to significantly longer prison sentences.
- Prior Criminal Record:
- Repeat offenders, especially those with prior domestic violence convictions, generally face harsher penalties.
- State Laws:
- Domestic violence laws and sentencing guidelines vary from state to state.
- Specific Circumstances:
- Factors such as whether children were present, whether a restraining order was violated, or whether the victim was pregnant can also influence sentencing.
••Minella Law Can Help••
A conviction for domestic violence can result in a lengthy jail sentence. If you are dealing with a domestic violence issue during your divorce, a California family law attorney with experienced in domestic violence issues can explain your rights and guide you through the process. An experienced custody & family law attorney can help. We are ready to assist with all your family needs – we offer a complimentary consultation to discuss your needs.
Reach out to us for your complimentary consultation today at 619.289.7948
Most people think length of time is the overriding factor in determining child abandonment. Although it is one consideration, it is not the only issue the court considers during a child custody case.
Timeframe and Intent
The test the court applies to the alleged abandonment of a child is the intent of the departed parent. For example, if a custodial parent must leave his or her child for an indefinite period of time due to a verifiable emergency, the court will not likely consider it abandonment, even if weeks have gone by. But if a custodial parent simply up and leaves with no explanation, courts have deemed that departure abandonment after just a day or two.
However, some general principles and common factors are considered:
Key Factors:
- Failure to Provide Support:
- This includes both financial support and providing for the child’s basic needs (food, shelter, clothing, medical care).
- Lack of Contact:
- A parent’s failure to maintain regular communication and visitation with the child is a significant factor.
- Intent:
- While some states may consider the parent’s intent, often, the focus is on the parent’s actions (or lack thereof).
- Duration:
- A prolonged period of absence and lack of support is usually required. The length of time varies by state.
- State-Specific Laws:
- It is crucial to understand that child abandonment laws are determined at the state level.
Court Procedure
Under the California Family Code, there are three circumstances under which a proceeding may be brought for abandonment:
- The child has been left without provision by the child’s parent or parents.
- The child has been left by both parents or the sole parent in the care and custody of another person for a period of six months without any provision for the child’s support, or without communication from the parent or parents, with the intent on the part of the parent or parents to abandon the child.
- One parent has left the child in the care and custody of the other parent for a period of one year without any provision for the child’s support, or without communication from the parent, with the intent on the part of the parent to abandon the child.
If a custodial parent appears to have abandoned a child, the other parent may request the court to change custody, including granting emergency custody on a temporary basis. The court will consider how long the custodial parent has been gone, the expressed intent of the custodial parent in leaving, and where the children have been since the parent left.
Common Misconceptions
If a custodial parent appears to have abandoned a child, it is not always the case that the non-custodial parent will be granted full custody. The court may elect to approve or reject a custody change based on a wide range of factors, including whether there is a case of recurring abandonment. This is when the custodial parent routinely leaves a child for indefinite periods of time without a valid reason.
Some people think that a parent who abandons a child will have criminal charges brought against them. Under California Family Code Section 7822, the parent will usually not be automatically criminally charged. In fact, criminal charges are more often brought against a parent who fails to pay child support. While California does have a crime called “Child Abandonment,” it is not the same as family law child abandonment. In other words, a parent not communicating with a child for an extended period is not committing a crime.
••Minella Law Can Help••
If you’re seeking to terminate parental rights due to abandonment, it’s in your best interests to consult with an experienced California family law attorney who can advise you what steps need to be taken. Reach out to us for your complimentary consultation today at 619.289.7948
If you or your partner is an active member of the United States Armed Services, chances are that you’ll be dealing with some divorce situations that don’t typically affect civilians.
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