Ron Bamieh

Loading...
    • Member Type(s): Expert
    • Title:Owner
    • Organization:The Law Offices of Bamieh & Erickson, PL
    • Area of Expertise:Criminal Defense Lawyer
    •  

    To become a ProfNet premium member and receive requests from reporters looking for expert sources, click here.

    WILL POLICE ENFORCE CHILD CUSTODY IN CALIFORNIA?

    Monday, January 7, 2019, 3:43 PM [General]
    0 (0 Ratings)

    If you have joint custody or visitation, you are constantly relying upon the other parent to follow through with the terms of the child custody order. In many cases, it can be a challenge to get the order followed, which can mean losing time with your children or resorting to violence or desperate actions to enforce the order. One of the most common instincts people have is to call the police to enforce an order, and that may work – but there are other options you can take to help ensure your child custody order is enforced. For help with your case, contact the Ventura child custody lawyers at the Law Offices of Bamieh and Erickson today for a free consultation on your case.

    How Can I Enforce My Child Custody Order in CA?

    Whenever parents live in different households, whether because of divorcelegal separation, or some other reason, they should get an official court order from a judge dictating who has what rights to custody and visitation. This can set a parenting plan and create strong rules as to when each parent gets access to the children, how the children are transferred from one parent to another, and how supervised visitation will work. If you do not have an order in place, your first step should be to go to court and get one.

    Once you have a child custody order signed by a judge, both parents are obligated to follow that order. Failing to do so can be considered contempt of court and can lead to serious issues. However, some parents may not be afraid of the phrase “contempt of court,” and they may willingly violate the order anyway. What can you do when this happens?

    There are three main options for enforcing a child custody order in CA:

    Call the Police

    Police may be able to enforce a child custody order. Especially if there is danger involved and your child is at risk because of the way that they are being kept or the methods the other parent is using to keep them away from you, calling the police is the best option. Without immediate danger, police may not be willing to get involved in non-criminal issues, and you may need to resort to other options listed below.

    When police respond, they likely have no prior information about who you are, who the other parent is, or what the agreement between you and the other parent is. Because of this, it is important to keep a copy of the child custody order accessible. Show this order to the police, and they can gain a better understanding of the situation. They can then potentially enforce the order by forcing the parent to turn over the child.

    The drawback to this method is that it may result in ongoing 9-1-1 battles where each parent calls the police on the other after even the slightest misstep. Calling 9-1-1 should be reserved only for emergencies.

    Call the DA’s Office

    Calling the police is not the only way to report a crime. In many cases, you can report the crime yourself by calling your local DA. In cases where the other parent has kept the child for a prolonged time, you may want to contact your DA personally and file charges for kidnapping. In many instances, keeping a child in violation of visitation orders or child custody orders is illegal, and kidnapping charges may be justified.

    If your child is in immediate danger, you should call 9-1-1 instead. The DA’s office might be able to get charges filed and issue a warrant for the other parent’s arrest and the immediate turnover of the children, but they do not have access to police dispatch. If your child is at risk, call 9-1-1 instead.

    File for Contempt

    Even if the risk of contempt does not deter the other parent from violating the court order, the court still has the power to enforce its orders. The judge may be able to issue a warrant for the other parent’s arrest or send them straight to jail until they agree to follow the order.

    In many cases where a parent repeatedly violates the order, this can be a more permanent solution. Calling the police every time can be trying and may result in no permanent changes. However, a judge has the power to modify the custody order if one of the parties repeatedly violates the order. This may even end with stripping the violator of custody rights entirely, especially if their violations have put the children at risk.

    Enforcing Child Custody Orders on Your Own

    It is vital to remember that you should never resort to “self-help” in family lawchild support, or child custody issues. The court’s custody order affects both parties, so violating the order as payback for a violation is still a violation and can put you in contempt of court. Always talk to an attorney for advice and tips on how to protect yourself and ensure your children change custody smoothly. Keeping a journal of violations and keeping a copy of the order on hand are important, but other tips may help in your case.

    Call Our Ventura Child Custody Lawyers for a Free Consultation

    If you’re having trouble enforcing child custody in your case, contact the Law Offices of Bamieh and Erickson’s family law attorneys today. Our lawyers can help you fight to have child custody orders modified and protect your parental rights. For a free consultation, call us today at (805) 585-5056.

    HOW MANY YEARS DO YOU GET FOR MANSLAUGHTER IN CALIFORNIA?

    Monday, January 7, 2019, 3:37 PM [General]
    0 (0 Ratings)

    The crime of murder is not the only criminal charge available in cases where one is responsible for someone else’s death. In many cases, manslaughter is charged instead. TV shows and news reports sometimes make it seem like being convicted of manslaughter is nearly equivalent to getting away with murder, but in many cases, manslaughter still carries severe penalties. The Law Offices of Bamieh and Erickson’s Ventura manslaughter defense lawyers explain the potential penalties and jail time associated with manslaughter charges in California.

    What is Manslaughter in California?

    Manslaughter is a crime under California Penal Code 192. This statute defines manslaughter as “the unlawful killing of a human being without malice.” This is different from murder charges in California in that the murder statute requires “malice aforethought,” which is “deliberate intention” or “an abandoned and malignant heart,” under Penal Code 187 and 188. Instead, manslaughter occurs when the killing was not intentional.

    There are 3 types of manslaughter: voluntary, involuntary, and vehicular manslaughter.

    Voluntary Manslaughter

    Voluntary manslaughter occurs when the actor kills someone else during a “sudden quarrel or heat of passion.” There must be sufficient “provocation” or heat of passion that makes the killing less intentional than murder. The classic example of this kind of manslaughter is when a husband kills his wife or her lover after finding them in bed together. This type of manslaughter is commonly used as an alternative to murder charges or to “plea down” murder to manslaughter.

    Involuntary Manslaughter

    Involuntary manslaughter occurs when the actor kills someone while doing something dangerous. If the actions that led to the death were illegal but were not a felony, the killing may be involuntary manslaughter. Alternatively, doing something legal can also be involuntary manslaughter if the act was done “without due caution or circumspection.” This can include accidentally killing someone while committing a nonviolent crime or causing someone to die by prescribing them dangerous drugs.

    Vehicular Manslaughter

    Killing someone else in a car accident may be charged as vehicular manslaughter. For this to happen, you must have been doing something illegal behind the wheel. For instance, hitting someone during a high-speed chase could be vehicular manslaughter. This crime can be charged under multiple subsections of the statute, each of which accounts for different levels of negligence or gross negligence involved in the killing. There is a separate statute, Penal Code 191.5, dealing with gross vehicular manslaughter, which deals with killing someone while driving under the influence.

    How Much Jail Time Can I Face for Manslaughter in California?

    The amount of jail time for most crimes varies somewhat, based on the circumstances of the crime. Many California crimes “wobble” between misdemeanor and felony charges, depending on how severe the crime was, the actor’s cooperation with police, the actor’s willingness to admit to the offense, and other factors. Misdemeanors have a maximum of one year in jail, but most manslaughter cases are felonies which carry more than a year in prison.

    Each type of manslaughter has a different set of potential penalties, with voluntary manslaughter carrying the highest potential penalty. Voluntary manslaughter can lead to 3, 6, or 11 years in state prison. Alternatively, involuntary manslaughter is punished by 2, 3, or 4 years in prison.

    Vehicular manslaughter is treated differently, and its penalties vary depending on which subsection of the statute the crime was charged under. Vehicular manslaughter can be a misdemeanor carrying the potential maximum of one year in county jail if it was committed without “gross negligence.” If it did involve gross negligence, the defendant will instead face the potential of 2, 4, or 6 years in prison.

    “Gross negligence” is an important part of this offense and can mean the difference between months and years of imprisonment. Courts consider “negligence” a failure to use the proper care or skill that a reasonable person in the same situation would use. Gross negligence occurs when the care or skill used is far below that, demonstrating a “disregard for human life or indifference to the consequences,” according to California jury instructions.

    The second highest potential jail time for manslaughter carries 4, 6, or 10 years in prison. This penalty applies to vehicular manslaughter that occurs during an intentional car accident committed for insurance fraud. This is one of the least common types of manslaughter charges.

    Ventura, CA Manslaughter Lawyers Offering Free Legal Consultations

    If you were arrested and accused of manslaughter or vehicular manslaughter in California, contact the Ventura criminal defense attorneys at the Law Offices of Bamieh and Erickson today. Our attorneys represent defendants accused of serious crimes, and we fight to get charges and penalties reduced and get cases dismissed. To schedule a free legal consultation on your charges and to discuss your options for fighting the charges against you, contact our law offices today at (805) 585-5056.


Blog Categories