Hartley, Maxwell, & Castellano Attorneys at Law
Let Us Help You. Call Today. 805-232-5808
Let Us Help You. Call Today. 805-232-5808

Domestic Violence Archives

Punishing the Victim.

One of the most rewarding aspects of practicing law is helping people who need and deserve assistance. At times, however, our legal system can feel more like a barrier than a refuge. This can especially be true when victims of domestic violence seek help from our courts. Challenges present themselves at every turn.

New Developments Under the DVPA - Part 2 of 2

Though the findings in Evilsizor v Sweeney, as discussed last week in New Developments Under the Law (Part 1 of 2), concern me greatly, I find myself in accord with the recent decision made by the 2nd Appellate District Court, Division 3, in Isidora M. v Silvino M. (2015 WL4600037), handed down on July 31, 2015.  

New Developments Under the DVPA - Part 1 of 2

In Marriage of Evilsizor v. Sweeney (2015) 237 Cal.App.4th 1416, the 1st Appellate District Court extended the Domestic Violence Protection Act just a bit farther than I think it should have gone, and this may have long-lasting results in our Family Law courts.  It's worth taking a moment to think about the implications of this decision.   

What Is Legally Actionable Domestic Violence? Part 1 of 2

By "actionable" I mean a type of domestic violence that will be recognized by the Courts of the State of California as sufficient to warrant a Domestic Violence Restraining Order.  Many web sites now call a wide variety of behaviors "domestic violence," but those sites are often adding to the legal definition of domestic violence used by the courts.  These non-statutory social additions are not actionable at law as domestic violence warranting a restraining order, in and of themselves.

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