CALIFORNIA DIVORCE LAWS

The actor might have have been guilty of statutory rape under California law with his much younger girlfriend Jasmine Pilchard-Gosnell. Please, Internet, put the pitchforks down for just a second. Most everyone has been in shock since his death. Sure, Pilchard-Gosnell is 23 now. But things start to get a bit creepy when it sinks in the couple had been together for seven years. That means the Hollywood hunk was 33 and dating a year-old high school sophomore! Walker has a daughter, Meadow Rain, who at 15 is only eight years younger than her father’s girlfriend — another unsettling fact. The two were even rumored to have gotten engaged back in , when she was 19 and he was 35, according to a Perez Hilton report , but stories about possible future nuptials between the lovers turned out to be false.

History & discoveries

EG that a minor can be charged with distribution of child pornography for taking and sending a picture of their intimate areas to another person. The court ruled that the statutory language allowed the charges, and deferred to the way the Legislature has written the law. Unfortunately, this means that, unless the Legislature amends the statute, any minor involved in sexting continues to be at risk of felony charges.

However, as the ACLU has explained in a letter to prosecutors in Washington , prosecutors can and should exercise their discretion to avoid treating teen sexting incidents the same as adult exploitation of children. So many people are getting involve in the act. More than one in three young adults between the age of have sexted, and one in four teenagers have done the same.

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To visit their website, click here. DCSS operates in each County in California to establish, modify and enforce collect child support orders. DCSS will also establish a paternity parentage order and health insurance order when applicable. DCSS will become automatically involved in a child support case when a child receives welfare. DCSS services are provided free of charge. If you don’t, the court will make orders against you by default, including paternity, child support, child support arrears if applicable and health insurance.

Filing an Answer to the lawsuit with the court clerk will mean that DCSS cannot get any orders against you by default, or without your having an opportunity to present your case to a judicial officer, including requesting a genetic test if you are not sure you are the parent of the child ren. Their mailing address is P. Box , Fresno, CA Their telephone number is or In cases where a child has received or is receiving welfare, federal law allows the DCSS to obtain a court order for child support back to the date the child first started receiving welfare, subject to a three year retroactive limit before the date DCSS filed the Complaint lawsuit with the court.

The law requires that the court make an order for the amount of guideline child support that the “absent parent” or non-custodial parent should have been paying during the time that the child received welfare and the non-custodial parent was not living with and contributing to the support of the child. A child’s receipt of welfare will trigger a child support lawsuit brought by DCSS against the non-custodial parent.

What is the California law on a minor dating a legal adult?

Can’t find a category? Statutory rape happens when an individual over the consenting age has sex with someone below the age of consent. Age of consent means the age a person can legally agree to have sex. In the United States, every state has the ability to set their own age of consent. In California, the age of consent is 18 years old.

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If you wish to file for unemployment in CA, you must have discontinued employment through no fault of your own in most circumstances. Unemployment California Application Online Unemployed workers who apply for California unemployment have the ability to utilize the online claims center located here. Those who are unsure if they meet California unemployment eligibility state law requirements, can follow the following basic overview: In California, you must have been employed for an established period of time, most commonly referred to as a “base period” to receive California unemployment benefits through the California unemployment insurance code.

Applicants must respond to any questions about their unemployment eligibility during and after completion of the CA unemployment application. Any potential earnings from employment informal or formal must be reported. Job offers, or any refusal to work during a period of unemployment must be reported. Claimants must provide valid contact information names, addresses, point of contacts, etc.

In order to complete a filing application, applicants must be prepared to show that loss of work was at no fault of their own it is recommended to keep a record or copy of your termination notification if possible. It can take up to 2 weeks after filing for unemployment online before receiving an unemployment benefits check from the EDD California Department of Unemployment.

Unemployment Extension in California The CA unemployment extension is implemented for , with minor adjustments to the CA unemployment calculator. Claims made on or before May 6, are still eligible for 99 weeks of extended compensation.

History & discoveries

Are attorney’s fees recoverable in domestic violence restraining order actions? I do not have the same access to money that my spouse does. Can I get a court order for my spouse to pay my attorney fees? California Family Codes and are very helpful to understand on this topic. It will help generally explain what the Court considers. We also wrote a comprehensive guide on Family Code and we encourage you to check out.

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Parent of your child Family including parents, siblings, aunts, uncles, nieces, nephews and 1st cousins Under California statute, abuse is defined as: California Family Code Division 10 Does that mean I can be found guilty of domestic abuse without even touching someone? The short answer is yes. What may have seemed like empty threats in a time of anger, can be misinterpreted by the alleged victim and be considered domestic abuse under California law.

What if she wants to drop the charges? In domestic violence cases, it is very rare to near impossible for the alleged victim to get the charges dropped.

For-Profit Prisons Are Big Winners Of California’s Overcrowding Crisis

Juanita Mendez-Medrano, 52, was arrested after working a sidewalk in Perris near to where a high school graduation ceremony was being held last month. In an unsettling cell phone video, which surfaced on Monday, Mendez-Medrano is seen holding the flowers in her hands just before an officer is seen grabbing her by the arms, grasping her neck and tackling her to the ground in the violent arrest.

The woman can be heard shouting as she is held on the ground and appears to be in some discomfort. Police say she provided false information and attempted to flee the scene during the fiery incident. Juanita Mendez-Medrano, 52, was violently arrested after police caught her selling flowers on the street without a permit.

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For purposes of this section, strangulation and suffocation include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. B For any order to pay a fine, make payments to a battered women s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant s ability to pay. An order to make payments to a battered women s shelter shall not be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support.

If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.

This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation. Effective January 1, September 9, State Laws.

California Domestic Violence Laws

History[ edit ] The practice of imposing longer prison sentences on repeat offenders versus first-time offenders who commit the same crime is nothing new, as judges often take into consideration prior offenses when sentencing. However, there is a more recent history of mandatory prison sentences for repeat offenders. But such sentences were not compulsory in each case, and judges had much more discretion as to what term of incarceration should be imposed.

The first true “three-strikes” law was passed in , when Washington voters approved Initiative

Reports required by California state law to be submitted to the Legislature and posted on the CDE Web site. Proposed Rulemaking & Regulations Notices of proposed actions to adopt, amend, or repeal regulations for the California Department of Education, State Superintendent of Public Instruction, and the California State Board of Education.

A third person in good faith and without court order may act on the instructions of, or otherwise deal with, any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining any of the following: The custodian so designated has the rights of a successor custodian. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed.

The transferor may designate one or more persons as successor custodians to serve, in the designated order of priority, in case the custodian originally designated or a prior successor custodian is unable, declines, or is ineligible to serve or resigns, dies, becomes incapacitated, or is removed. The designation either 1 shall be made in the same transaction and by the same document by which the transfer is made or 2 shall be made by executing and dating a separate instrument of designation before a subscribing witness other than a successor as a part of the same transaction and contemporaneously with the execution of the document by which the transfer is made.

A successor custodian effectively designated by the transferor has priority over a successor custodian designated by a custodian. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.

AB Effective January 1, Effective January 1, Subject to the power of the court to transfer actions and proceedings as provided in the Code of Civil Procedure, a petition filed under this part shall be heard and proceedings thereon held in the superior court in the proper county, which shall be determined as follows: This part applies to a transfer within the scope of Section made on or after January 1, , if either of the following requirements is satisfied: This part shall not be construed as providing an exclusive method for making gifts or other transfers to minors.

California Unemployment Department Claim

You may also wish to review our article on ” Crime Victim Lawsuits in California” 1. Legal Definition of “Rape” in California According to Penal Code PC, the legal definition of “rape” in California law is when an individual engages in sexual intercourse with another person First off, the sexual intercourse needs to be either against that person’s will, or without that person’s consent.

California Child Custody Laws: Best Interest of the Child Standard California Family Code Section states, In making a determination of the best interest of the child in a proceeding described in Section , the court shall, among any other factors it finds relevant, consider all of the following.

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group. The Legal Definition of Vandalism in California The legal definition of vandalism in California revolves around three facts known as the “elements of the crime”. The prosecutor is required to prove all three facts in order to convict you of vandalism under Penal Code PC. The elements of the crime of California vandalism are: Defaced with graffiti or other inscribed material “Graffiti or other inscribed material” refers to “any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn or painted on real or personal property.

There is no requirement that the “defacement with graffiti or other inscribed material” be permanent. Nick uses a marker to write his initials on the glass window of the projection booth at a movie theater. Even though the initials may be easily removed by cleaning the glass, he has still written on someone else’s property. So Nick is guilty of defacing property with graffiti or other inscribed materials in violation of Penal Code PC, California’s vandalism law.

Sending Harmful Material to a Minor (Legal Analysis of Penal Code 288.2)