Assault Attorney David Schwarz will create all potential defenses to an assault charge against you. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. An assault differs from a battery in that the final result of physical injury results for that of a battery but not of an assault. This type of charge also appears with domestic violence charges. Attorney David Schwarz will explain to the courts that a person must honestly believe that even if their act was not likely to result in a battery they can be guilty of assault. A reasonable person viewing the facts would conclude it would have been a battery. Attorney David Schwarz will protect you from any allegations or charges of assault. Please contact his office.
Child Custody If you are a parent involved in a child custody dispute, you need help from an experienced family attorney who understands your anxieties and fears. Call experienced child custody attorney David Schwarz as early as possible when a child custody dispute is imminent. California courts always make a child’s best interests the top priority, and getting custody of your child isn’t always easy in this state. California courts presume that joint custody is best after a divorce, but a judge will not hesitate to grant one parent sole custody if the judge is persuaded that sole custody is best for the child. Family law attorney David Schwarz handles all aspects of child custody disputes including visitation privileges, decision-making rights, modification of custody and visitation orders, and enforcement. If your custody rights are being threatened, promptly call Attorney David Schwarz.
Child Support Child Support is used to award a parent financial support for caring for their child. It includes child care expense s that the parent might have while caring for the child. California uses a computer program that calculates the amount of child support a parent will receive. There are numerous deduction that can be input into the child support calculation so the income of the parent is accurate. Child support is not deductible on your taxes to the US Government. Child support is based on your gross income and not your net earnings.
Child Support and Thwarting the Other Parents Visitation Attorney David Schwarz will assist you in getting compensation or reimbursement from the other parent when the other parent does not care for the child or blocks your visit. The court may order financial compensation for periods when a parent fails to assume the caretaker responsibility. In addition, the court can order compensation when the other party thwart your court ordered joint legal or physical custody order. Attorney David Schwarz will help you get the reasonable expenses incurred for or on behalf of a child. In addition, an attorney can get you reasonable expenses incurred by a parent from the other parent's blocking your court ordered visitation or custody time.
Child Tax CreditAttorney David Schwarz will help you correctly claim a child on your tax returns when you go through a divorce. A spouse is entitled to claim a child of the marriage who is under 17. California courts permit along with the IRS a credit of $1,000 for each such dependent child who has not reached age 17 by the end of the calendar year. Attorney will assist you in clarifying on your taxes the difference between taking an exemption verse a tax credit. Exemptions reduce adjusted gross income in arriving at taxable income and a credit reduces tax payable dollar for dollar thus, a $1,000 credit reduces tax liability by $1,000.
Community property Community property is defined as all income spouses earn during marriage. Once a divorce begins each spouse will share an equal one half share of all assets and debts from the marriage. All income and earnings prior to getting married will remain your separate property. If a party chooses to they may gift away their community property share once the divorce begins. If property is not labeled as community property then it will be labeled as a spouses separate property.
Divorce Divorce is always difficult and almost always complicated. Advising people in Santa Ana and surrounding cities, divorce attorney David Schwarz represents clients in both contested and uncontested divorces and in high net worth divorce cases. He often helps divorcing couples negotiate out-of-court agreements and settlements of divorce-related disputes, but he will not hesitate to go to court on your behalf if that’s what it takes to ensure fair and just treatment. When you retain a divorce attorney, it must be someone who is sensitive to your concerns – someone you can trust. It also must be someone – experienced in the equitable division of property and assets – who can make sure that you get to keep what is rightly yours. When you need a divorce lawyer in Southern California, contact experienced divorce attorney David Schwarz immediately.Divorce and the Amended Petition for Divorce
At the Law Office of David P Schwarz we have handled many amended divorce petitions. If the other party has not yet appeared in the notice of the amendment “may be given” by mail to his or her last known address, or by personal service … provided the intent to so amend upon satisfaction of the residence requirements was set forth in the initial petition or pleading served on the other party.
On the other hand, where notice of intent to amend to seek dissolution was not given in the initial pleading, the petition is not validly amended as against a party who has not yet appeared in the action unless and until he or she is served with the amended petition in a manner provided for service of summons. Otherwise, a default judgment granting dissolution will be subject to set-aside on due process grounds as exceeding the scope of relief requested in the original petition for legal separation. Please contact Attorney David Schwarz to assist you in your divorce.
Defense of Others and Domestic Violence Attorney David Schwarz will protect you against any charges in domestic violence court against charges of assault. Our Law Office will raise the defense of others self defense. This defense can be used to dismiss any charges against you. It occurs when a person has a reasonable, good-faith belief that intervention is necessary in order to prevent harm to another person will provide a defense to a charge of assault and battery. However, while defense of others may be a valid defense, the defense is not available when the defendant intervenes in the lawful arrest of a third party. Public policy discourages forceful intervention in an arrest by third party bystanders because, among other things, forceful intervention probably would only exacerbate the situation. Attorney David Schwarz will help you out any domestic violence charge.
Divorce and Slander Remedies Lawyer David Schwarz will defend you in any action for slander if you published a defamatory statement about your Spouse. An attorney can help defend you in any action for damages in a civil court for the publication of a libel in news publication. A plaintiff can only recover special damages. However, they can correct the publication if a demand is made by the person harmed. Attorney David Schwarz will serve a written notice specifying the statements claimed to be libelous and demanding that those statements be corrected. Often a divorce gets very contentious and people make defamatory statements and sometimes they end up on the newspaper. Please contact our office if you face any false statements about your character.
Domestic Violence In California, domestic violence is a serious crime, but when it consists mostly of threats and intimidation, domestic abuse can be exceedingly difficult to prove in court. Nevertheless, if you or your children have been threatened with domestic assault or family violence, or if you are already the victim of domestic violence or spousal abuse, the help you need is available. When you contact experienced domestic violence attorney David Schwarz, he can immediately file a legal request for a restraining order or help you determine what other appropriate legal action to take. If you’re a victim of domestic violence, call today and put experienced domestic violence attorney David Schwarz to work fighting on behalf of you and your children.Domestic Violence and the Defense of Mistake of Fact
At the Law office of David P Schwarz we will protect you against the charge of domestic violence if you were mistaken in your actions. Persons who commit an act or make a culpable omission but do so in ignorance or mistake of fact are exempt from liability because this disproves the existence of criminal intent. Thus, a mistake of fact can constitute a valid defense when some mens rea is an essential element of the offense charged. Mistake of fact may constitute a defense under certain circumstances discussed below even though it is unreasonable. Orange County domestic violence lawyer can help you. An act committed or an omission made in ignorance or by reason of a mistake of fact which disproves any criminal intent is not a crime.
Juvenile Dependency Petition Under Welfare and Institutions Code Section 300 An attorney such as David Schwarz who has practiced in Santa Ana and the surrounding areas for many years has enormous experience handling Juvenile dependency petitions. There are numerous sections under welfare and institutions code which a County Council will allege in attempting to terminate the parental rights of a parent. Under welfare and institutions code section 300 once the child falls under one of the definitions of the code section they will become a dependent child of the court. David Schwarz has litigated many cases where the parents are facing termination of their parental rights under section 300. Please contact his office for a consultation.
Juvenile Law Nothing is more important than your children. When you are dealing with the California juvenile court system, a law enforcement agency, or Child Protective Services, you need a trustworthy attorney’s guidance. Choose a juvenile lawyer who is skilled and experienced with the California juvenile court system. Attorney David Schwarz has extensive experience with juvenile crime cases and family court cases in Southern California. If your child has been accused of criminal behavior, or if you are accused of child endangerment and Child Protective Services has become involved, you will need a skilled advocate to fight for your child and your family. Juvenile attorney David Schwarz has helped scores of families resolve these kinds of troubling legal situations, and he’s ready to help your family deal with any juvenile or family law matter. Don’t hesitate to make the call.
Power of Attorney Attorney David Schwarz will be able to assist you in drafting a power of attorney. This will give a party principal authority to be like they were an attorney. They will be able to act on a person’s behalf with respect to all areas of that person’s life. David Schwarz will guide you through the process. The party given a power attorney attorney will be granted authority over the person’s property, personal care, or whatever is written into the power of attorney. They can make decisions concerning all or part of the principal's real and personal property. Please contact Attorney David Schwarz to get your power of attorney drafted today.
Property Division Under Community property laws in California, each party to a divorce should share equally in the division of property that was acquired during the marriage. A divorce lawyer in Orange County can assist you in dividing your community assets equally.
Putative Spouse Doctrine The putative spouse doctrine is an equitable doctrine that operates to protect parties who entered into an invalid marriage. Attorney David Schwarz has dealt with many cases whereby the underlying marriage was found to be void or voidable. David Schwarz will protect your legal rights after you have been found to be an innocent participant in an invalid marriage. A lawyer who has practiced many years in the family law court system will show the court that a putative marriages exist when there has been no marriage ceremony. However, sometimes merely living together as husband and wife does not establish the existence of a putative marriage. That is why you need an experience putative spouse attorney to handle your court case.
The Continuing Jurisdiction to Award Community Property Assets After a Judgment has Been Entered Attorney David Schwarz will provide you quality representation when you need to divide community property assets after a divorce judgment has been finalized. In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has continuing jurisdiction to award community estate assets or community estate liabilities to the parties that have not been previously adjudicated by a judgment in the proceeding. A party may file a postjudgment motion in the proceeding in order to obtain relief of any community estate asset or liability omitted or not adjudicated by the judgment. In these cases, the court shall equally divide the omitted or unadjudicated community estate asset or liability, unless the court finds upon good cause shown that the interests of justice require an unequal division of the asset or liability. Contact Attorney David Schwarz to assist you in dividing your postjudgment community asset.
Visitation Every parent has a right to “reasonable visitation”. In making a custody order between the parents, the court must also grant the noncustodial parent “reasonable visitation rights. Visitation rights will not be granted if it would be “detrimental to the best interest of the child. If requested, reasonable visitation to a parent must be ordered temporarily. If the Court finds that it would be detrimental to award visitation then it will be denied to the noncustodial parent. There must be “frequent and continuing contact” with both parents.
Whats the Difference Between a Dissolution and a Nullity Proceeding Attorney David Schwarz will help you determine whether you should file a dissolution of marriage or a nullity action in family law court. The first major distinction between the two is the statute of limitations. Nullity proceedings have a variety of time limitations to file them. A Dissolution has not time limitation. Next distinction would be the acquisition of community property. In filing a Nullity you are trying to terminate any community property rights. In a dissolution you are trying to equally divide community property. Please contact Orange County divorce attorney David Schwarz to assist you in making the right choice.