Domestic Violence Allegations Surrounding Johnny Depp and its Impact, if any on the Divorce Proc.
We all have read and seen pictures of what appears to be injuries to Johnny Depp’s spouse, Amber Heard. A petition for dissolution has been filed by Ms. Heard to terminate her marriage to Mr. Depp and appears to be requesting also financial issues...
California Family Code (FC) 4320Although many attorneys use the "guideline" dissomaster computer program to calculate temporary spousal support, the dissomaster computation is merely a starting point. The court is required by law to consider all factors set forth in California Family Code (FC) 4320. FC 4320(i) states in full that "documented evident of any history of domestic violence, as defined in Section 6211, between the parties, including but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party, and consideration of any history of violence against the supporting party by the supported party." FC 4320(m) states in full that "the criminal conviction of an abusive spouse and the elimination of the award in accordance with FC section 4325." FC 4320(n): states in full that the court can consider, "any other factors the court determines are just and equitable."
Disproving domestic violenceDisproving domestic violence is not easy and fighting a protective order or a restraining order against you requires a skilled trial attorney. The standard of proof in the civil case (family law) is preponderance of evidence and the criminal case is beyond a reasonable doubt. The orders are the same in both the family and criminal courts. The terms of staying away from the protected person, firearms are surrendered at the local police station, and if there are children, custody may be solely granted to the protected individual. Therefore, if the allegations are patently false, you must be ready and prepared to fight it. Here is a brief synopsis of these types of orders.
What type of circumstances one is allowed to get a court ordered protective order ("PO") or restraining order ("RO")Many clients have asked what type of circumstances one is allowed to get a court ordered protective order ("PO") or restraining order ("RO"). A lawyer must convince the judge that the other party whom you are trying to get an order for has (1) hurt you; (2) made you feel afraid; (3) tried to get you to not testify; or (4) threatened to do any of these things. If your family is at-risk, an order may be broadened to include all individuals that you can prove are also in fear. The judge will inquire as to the details of the allegations and whether there is a need to protect you. I tell my clients to gather documentary evidence of abuse, retaliation or any threats. I like to provide to the judge concrete incidents and not abstract or hypothetical instances. Thus, it is best to record "nasty or threatening" messages, take photographs of acts of vandalism, or keep emails or any written communications which are "dangerous" in tone. I have also subpoenaed police officers to affirm/disaffirm reports of violence. This is especially helpful since there is a high level of trustworthiness to their testimony. The procedural requirements of filing this motion are best handled by an experienced attorney. Certain documents must be completed and filed with your local Clerk's Office. I will request an experienced process server or even the local Sheriff's Department to serve the opposing party. It is crucial to serve appropriately all necessary parties. The first thing the judge is going to require is proof of proper service. If the opposing party is present, a hearing before the judge will take place allowing both sides to examine the parties and witnesses. As a result, an attorney who is experienced in questioning witnesses is a must. In addition to strong documentary evidence, I also like to bring forward supporting witnesses. It is crucial, if available, to bring in percipient witnesses to any threats or violence that has occurred between my client and the opposition.