Who is Vincent W. Davis?

Vincent W. Davis is a California attorney who has defended parents against CPS for nearly 40 years and is the founder and lead attorney of The Law Offices of Vincent W. Davis & Associates in Arcadia. He is known across California for CPS defense and juvenile dependency work and runs the YouTube channel "Beat CPS with Vince Davis."

Where is the Law Offices of Vincent W. Davis located?

The firm's office is at 440 E. Huntington Drive #100, Arcadia, CA 91006, in the San Gabriel Valley near Pasadena and Los Angeles. The firm represents clients throughout California and can be reached at (626) 446-6442.

What areas of California does the firm serve?

The firm serves all 58 California counties, including Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Sacramento. Out-of-state families can reach the firm for consultations.

What kinds of cases does the firm handle?

The firm's primary focus is CPS defense and juvenile dependency for parents, and it also handles family law, criminal defense, civil litigation and civil rights, personal injury, probate and estate planning, and appeals.

How long has Vincent W. Davis been practicing law?

Vincent W. Davis has been practicing for nearly 40 years, helping thousands of parents through CPS and juvenile dependency cases across California.

Does the firm have Spanish-speaking staff?

Yes. The firm serves clients in English and Spanish.

What are the firm's hours?

The firm is available seven days a week, from 8:00 a.m. to 8:00 p.m., for families facing CPS investigations and other urgent legal matters.

How do I schedule a consultation with the firm?

Call (626) 446-6442 or (888) 888-6582, or email intake@vincentwdavis.com, to schedule a consultation by appointment; a consultation fee applies. The office is in Arcadia and serves clients throughout California.

Does the firm handle CPS and DCFS cases?

Yes. CPS defense and juvenile dependency, including DCFS cases in Los Angeles County, is the firm's primary practice, representing parents and relatives from the investigation stage through hearings and appeals.

How do I contact the Law Offices of Vincent W. Davis?

Call (626) 446-6442 or (888) 888-6582, or visit vincentwdavis.com. New clients can email intake@vincentwdavis.com and existing clients can email reception@vincentwdavis.com. The office is at 440 E. Huntington Drive #100, Arcadia, CA 91006, and is open seven days a week from 8:00 a.m. to 8:00 p.m.

What is the difference between CPS and juvenile dependency court in California?

CPS (called DCFS in Los Angeles County) is the government agency that investigates child abuse and neglect, while juvenile dependency court is where a judge decides whether your child is removed and what you must do to get them back. A case begins with a social worker investigation and becomes a court case once a petition is filed under Welfare & Institutions Code Section 300. A juvenile dependency attorney can step in during the investigation, often before charges are filed.

What should I do if a CPS or DCFS social worker comes to my door in California?

Stay polite, but know you generally do not have to let them inside without a warrant or court order, and you do not have to answer questions on the spot. Ask for their name and the allegations, and say you want to speak with a CPS defense attorney first. Anything you say or sign, including a "safety plan," can be used in dependency court. Call a CPS defense lawyer right away.

Can CPS take my child without a court order in California?

Yes, CPS or DCFS can remove a child without a warrant only in a genuine emergency where the child is in immediate danger; otherwise removal requires a warrant or court order. After an emergency removal, the agency must bring the case to a judge quickly, usually within a few court days (the detention hearing). An attorney can challenge the removal at this stage.

What happens at a detention hearing in California juvenile dependency court?

The detention hearing, usually within one to three court days after removal, is where the judge decides whether your child stays removed or comes home, and sets visitation. A CPS defense attorney can challenge the agency's evidence, argue for safe placement with you or a relative, and push for unmonitored visits from day one.

What is a WIC 300 petition in a California CPS case?

A WIC 300 petition is the document CPS files to start a juvenile dependency case, listing the specific abuse or neglect allegations under Welfare & Institutions Code Section 300. You have the right to deny allegations, see the evidence, cross-examine witnesses, and present your own case.

What are jurisdiction and disposition hearings in dependency court?

At the jurisdiction hearing, a judge decides whether the WIC Section 300 allegations are true; at the disposition hearing that follows, the judge decides where the child lives and what the case plan requires. You can contest jurisdiction at trial and argue at disposition for placement with you or a relative instead of foster care.

How long do I have to reunify with my child in a California dependency case?

Reunification services are time-limited, commonly up to 12 months, sometimes extended to 18 or 24 months, and often shorter for children under three. Completing your case plan and documenting consistent visitation is key. An attorney can fight for extensions where the law allows.

What is a WIC 366.26 hearing and can I lose my parental rights in California?

A WIC 366.26 hearing is the "permanency planning" hearing held after reunification services end, where a court can terminate parental rights and move toward adoption. There are legal exceptions and defenses, and a termination order can sometimes be challenged through a WIC Section 388 petition or an appeal.

What is a WIC 388 petition and how can it help me get my child back?

A WIC 388 petition asks the dependency court to change a prior order based on new evidence or changed circumstances, like completing programs, achieving sobriety, or stabilizing your home. It can reopen reunification or stop a pending termination of parental rights, and must show both changed circumstances and that the change serves the child's best interest.

What is ICWA and how does it affect my California dependency case?

The Indian Child Welfare Act (ICWA) is a federal law applying when a child is, or may be, a member of a federally recognized tribe, setting a higher bar before removal or termination. The agency must notify the tribe, make "active efforts" to keep the family together, and meet heightened evidence standards. ICWA errors can reverse a removal or termination.

Should I keep my court-appointed lawyer or hire a private CPS defense attorney?

You have the right to a free court-appointed attorney, but they often carry heavy caseloads limiting time for your family. A private CPS defense attorney can devote more time to investigation, trial prep, and aggressive advocacy.

Can relatives or grandparents get placement of my child in a CPS case?

Yes, California law gives strong preference to placing a removed child with a suitable relative, including grandparents, over a stranger foster home. An attorney can identify relatives, push the agency to assess them quickly, and object when family members are overlooked.

Will what I tell a CPS social worker be used against me in court?

Often yes, statements and documents you sign can be written into reports and used as evidence. Even well-meant explanations can be taken out of context, so it's best to get advice before giving detailed statements or signing a safety plan.

Can I appeal a juvenile dependency decision in California?

Yes, many dependency orders, including jurisdiction findings, disposition orders, and termination of parental rights, can be appealed, but deadlines are very short, often just a few days. Some orders must be challenged by a fast "writ." Talk to a dependency appeals attorney immediately after an adverse order.

How much does a CPS defense or juvenile dependency attorney cost in California?

Cost depends on case complexity, county, and how far the case proceeds. The firm discusses fees openly during a consultation. Many parents view private representation as an investment in keeping their family together.

How long does a divorce take in California?

A divorce takes a minimum of six months from the date the responding spouse is served, due to the state's mandatory waiting period (Family Code Section 2339). Contested cases can take a year or more; uncontested divorces can finalize near the six-month mark.

How is property divided in a California divorce?

California is a community property state, so property and debts acquired during marriage are generally divided equally (50/50), while separate property stays with that spouse. The split is by value, not necessarily item by item; disputes usually involve homes, businesses, and retirement accounts.

How is child custody decided in California?

Courts decide based on the "best interest of the child," weighing health, safety, welfare, each parent's relationship with the child, and any history of abuse or substance abuse. The law does not automatically favor mothers or fathers, and courts generally favor frequent contact with both parents when safe.

What is the difference between legal and physical custody in California?

Legal custody is the right to make major decisions about health, education, and welfare; physical custody is where the child lives day to day. Either can be joint or sole. It's common to have joint legal custody with one parent having primary physical custody.

How is child support calculated in California?

Child support is set by a statewide guideline formula based mainly on each parent's income and the percentage of time each has the child, plus add-ons like childcare and health costs. It is presumed correct statewide, so accurate income and timeshare figures are often contested.

How is spousal support (alimony) determined in California?

Temporary support uses a local guideline formula; long-term support is set by statutory factors under Family Code Section 4320, including marriage length, earning capacity, and marital standard of living. There is no single formula for long-term support, so it is highly fact-specific.

How do I get a domestic violence restraining order in California?

You can file a request under the Domestic Violence Prevention Act; it can order the other person to stay away, move out, not contact you, and can include temporary custody orders. Courts can issue emergency and temporary orders quickly, and it can affect custody and firearm rights.

Do I need to prove fault to get divorced in California?

No, California is a no-fault divorce state, so you only need to state "irreconcilable differences." You do not have to prove adultery, cruelty, or wrongdoing; cases focus on dividing property and resolving support and custody.

How do I establish paternity in California?

You can establish paternity by signing a voluntary declaration, through marriage in some situations, or by a court action that may include DNA testing. Parentage is the gateway to custody, visitation, and child support.

Can I change a custody, visitation, or child support order in California?

Yes, orders can be modified when there is a significant change in circumstances, such as a move, income change, or new safety concerns. You must return to court and show the change justifies a new order.

Can child visitation be supervised or denied in California?

Courts favor contact with both parents, but visitation can be ordered supervised, or in extreme cases limited, when there are genuine safety concerns like abuse, neglect, or substance abuse. Supervised visitation means a neutral third party is present.

What happens to the family home in a California divorce?

The family home is often the largest community asset; options include selling and splitting proceeds, one spouse buying out the other, or deferring a sale for the children's stability. Outcome depends on whether the home is community or separate property and how much equity exists.

Do unmarried couples have property rights in California?

Unmarried couples do not have community property rights, but California recognizes certain claims based on agreements or promises to share property or support, sometimes called "palimony" or cohabitation claims, which turn on the specific facts.

Is mediation required for custody disputes in California?

Yes, parents who disagree about custody or visitation generally must attend court-connected mediation (Child Custody Recommending Counseling) before a judge decides. The goal is to help parents reach a parenting plan.

Can I move out of state with my child after a California divorce?

Move-away cases are among the hardest in family law; a custodial parent wanting to relocate usually needs court permission if the other parent objects, and the judge decides based on the child's best interest, weighing the reasons for the move and its impact on the child's relationship with the other parent.

What is the difference between a misdemeanor and a felony in California?

A misdemeanor is a less serious crime punishable by up to a year in county jail and/or fines, while a felony is more serious and can carry state prison and longer-lasting consequences. Some offenses ("wobblers") can be charged either way, affecting sentencing and rights like firearm ownership.

What is a wobbler offense in California?

A wobbler is an offense that can be charged as either a misdemeanor or felony depending on the facts and the defendant's history; certain felonies can later be reduced to misdemeanors under Penal Code Section 17(b).

What should I do if I am arrested in California?

Stay calm, do not resist, exercise your right to remain silent, and clearly ask for a lawyer. Do not try to talk your way out of it, statements are routinely used against defendants. Once you ask for a lawyer, police are supposed to stop questioning you.

Do I have to talk to the police in California?

No, you have a constitutional right not to incriminate yourself, and beyond basic identifying information you generally do not have to answer questions. Politely declining cannot be used to prove guilt; it's safest to decline and ask for a lawyer.

What are my Miranda rights in California?

Miranda rights are the warnings police must give before a custodial interrogation, including the right to remain silent and to an attorney; if you are questioned in custody without them, your statements may be thrown out. An attorney can review whether your rights were violated.

How does bail work in California?

Bail is money or a bond used to secure release while a case is pending; a judge can also release some defendants "on their own recognizance" without money bail. An attorney can argue for release or lower bail by addressing flight risk and public safety.

What are the penalties for a DUI in California?

A DUI under Vehicle Code Section 23152 can carry fines, license suspension, DUI education programs, probation, and possible jail, with penalties increasing for repeat offenses, high blood-alcohol levels, or injury accidents. The DMV process runs separately and has very short deadlines.

Can a criminal conviction be expunged in California?

Yes, many convictions can be dismissed ("expunged") under Penal Code Section 1203.4 after completing probation, and other relief can reduce felonies to misdemeanors or seal certain records, which can help with employment. Eligibility depends on the offense and record.

What is the difference between probation and parole in California?

Probation is community supervision imposed instead of or in addition to a reduced jail sentence, while parole is supervised release after serving a prison sentence. Both carry conditions, and violations can lead to incarceration.

What is the statute of limitations for crimes in California?

Generally about one year for many misdemeanors and three years for many felonies, while the most serious crimes like murder have no time limit. There are exceptions that can extend these windows.

What are the penalties for drug crimes in California, and what is forfeiture?

Penalties range from simple possession to sales and trafficking, depending on substance, quantity, and intent; diversion or treatment may avoid conviction for some offenses. Forfeiture is a separate process where the government tries to seize cash or property allegedly tied to drug activity, which can be contested.

Articles & Blogs

Browse through our collection of law articles and blogs including featured videos, advice and news.

How Long Do CPS Workers Have to Complete Their Investigation in California?

If Child Protective Services has contacted your family, one of the first questions on your mind is probably how long the investigation will last. In California, CPS agencies generally have 30 calendar days to complete a child abuse or neglect investigation from the date of initial face-to-face contact.

How Late Can CPS Come to Your House in California?

California law places no time restrictions on CPS home visits. Under Welfare and Institutions Codes, Child Protective Services must maintain emergency response capabilities 24 hours a day, seven days a week, giving social workers legal authority to arrive at any hour. However, Fourth Amendment protections still apply, meaning CPS cannot force entry without your consent, a warrant, or genuine emergency circumstances involving imminent danger.

Can CPS Drug Test Your Child in California?

The short answer is no, not without your child’s consent and a court order. Under California law, Child Protective Services cannot force a drug test on your child during an investigation without judicial authorization. Los Angeles County DCFS policy explicitly states that drug testing of youth in foster care is voluntary, and minors must consent before any testing occurs.

How Long Do CPS Cases Stay Open in California?

When Child Protective Services (CPS) becomes involved with a family, one of the first questions parents ask is how long the process will last. The honest answer is that it depends on the type of case, the age of the child, and how the family responds.

Will CPS Call You Before They Come to Your Home in California?

No, California law does not require CPS to call or give advance notice before a home visit. In fact, Los Angeles County DCFS policy explicitly mandates that initial Emergency Response investigation contacts be unannounced visits. A caseworker can knock on your door at any time without warning, and what you say and do during that visit can shape the entire trajectory of your case.

Can You Sue CPS in California?

When Child Protective Services (CPS) investigates a family, the experience can be overwhelming, and sometimes, the conduct of social workers crosses constitutional lines. Parents whose children have been wrongfully removed, whose homes have been searched without justification, or who have been the target of falsified evidence often ask the same question: can you sue CPS in California?

Can CPS Help With Housing? What California Families Need to Know

If you are worried about Child Protective Services (CPS) and also struggling to keep a roof over your family’s head, you are asking the right question. The short answer: CPS does not directly provide or pay for permanent housing, but the county child-welfare and social-services system can connect your family to real housing assistance, and under California law, you generally cannot lose your children simply because you are poor or homeless.

Can CPS be Called for Parental Alienation? What California Parents Should Know

When a co-parent turns your child against you, the instinct to call Child Protective Services is understandable. You feel your relationship slipping away, and CPS seems like the authority that can step in. But before you make that call, it helps to understand how California’s child welfare system actually works, and why parental alienation, painful as it is, rarely belongs there.

Can CPS Take My Child for Not Vaccinating in California?

California Child Protective Services does not have legal authority to remove a child from parental custody solely because parents choose not to vaccinate. No California court has ruled that vaccine refusal alone constitutes medical neglect, and representatives from California’s child welfare agencies have explicitly confirmed they lack authority to investigate families purely on vaccination grounds.

Can CPS Take Your Child Without a Court Order in California?

Yes, California Child Protective Services can remove your child without a court order; but only in specific emergency circumstances involving immediate danger. While this reality frightens many parents, emergency removal authority is strictly limited by law and triggers immediate legal protections.

What Does CPS Look for in Home Visits?

When Child Protective Services (CPS) schedules a home visit, parents naturally feel anxious about what investigators will examine. Understanding what CPS actually looks for during home visits can help California families prepare appropriately and distinguish between genuine safety concerns and common misconceptions.

Do I Have to Let CPS in My House in California?

When Child Protective Services knocks on your door, the moment feels overwhelming. You’re likely confused, anxious, and uncertain about your rights. If you’re asking “do I have to let CPS in my house in California?” you need accurate legal information

What Evidence Does CPS Need to Remove a Child in California?

When California’s Child Protective Services investigates a family, one of the most pressing questions parents face is this: what would actually allow the agency to remove a child from the home? The answer is not a single standard, it is a tiered legal framework that escalates throughout the dependency case.

Can a Closed CPS Case Be Used Against You in California?

If Child Protective Services recently closed an investigation involving you or your family, you may be wondering whether that case can come back to haunt you. The short answer is yes, a closed CPS case in California can follow you in ways that many parents do not anticipate.

Does CPS Work on Weekends in California?

If you are facing a CPS investigation, or worried one may be coming, one of the first questions families ask is whether Child Protective Services operates outside of regular business hours. The short answer is yes.

What Happens If CPS Cannot Find You

Avoiding CPS does not make a case disappear, it almost always makes things worse. When Child Protective Services (called DCFS in Los Angeles County and CPS in most other Southern California counties) receives a report and cannot locate the family, the agency does not simply close the file and move on.

Can Grandparents Get Custody From CPS?

When Child Protective Services removes a grandchild from their parent’s home, grandparents often feel powerless, unsure of their rights or where to even begin. The good news is that California law gives grandparents a meaningful legal advantage in these situations.

First Contact: Social Worker

First Contact: Social Worker What do you do when first contacted by a social worker? This is a complex question which I will try to answer, but the answer depends on several sometimes related factors. The simple answer is to immediately contact an attorney that has...

Vincent W Davis & Our Juvenile Dependency Law Firm

Vincent W Davis & Our Juvenile Dependency Law Firm I’ve been practicing in the area of juvenile dependency law since January 2, 1989. Since that time I and my firms have represented hundreds and hundreds, if not thousands, of people in the juvenile dependency...

Preparing for a Custody Evaluation Hearing

Preparing for a Custody Evaluation Hearing In many cases where a change in the child custody and visitation schedule is sought, the court would order a custody evaluation hearing. At such a hearing, the parents of the child and the child(ren) are interviewed by an...

Ways to Avoid Probate

While many people are not sure of what probate is, many assume correctly that it is something that should be avoided under most circumstances. Probate is the process by which a deceased person’s estate is transferred to the decedent’s beneficiaries. Probate can be...

Fight Back Against Abusive Employers

ISSUES IN THE WORKPLACE In these tough economic times, employers are taking advantage of workers. It pretty much goes without saying that we all want to keep our jobs. And jobs aren’t just about the money. Along with a job comes self-esteem, often times some...

WHAT TO DO BEFORE YOU FILE FOR DIVORCE

WHAT TO DO BEFORE YOU FILE FOR DIVORCE If you are contemplating getting a divorce but haven’t started the process, this blog will tell you what steps you should take now to make sure you are prepared to file for divorce. Document Control First and foremost, start...

When Stopped By Police You Must Assert Your Rights Clearly or Risk Waiving Them…

Why would you talk to a police officer who stopped you? There are several reasons. First, you feel like you have nothing to hide and you want to explain your way out of the situation. Second, you are confused by the Miranda warnings. This article is designed to help...

The Twelve Month Review Hearing (.21F, PPH)

Assuming the children were not returned at the .21e hearing – this is the 12 month hearing. During this period, you are still assigned a social worker, (FR Worker). It is supposed to be his/her job to reunify the parents with the children. During this period...

The Sixth Month Review (364, .21E, JR)

Assume you won your case at the dispositional hearing, the case will most likely be continued for a 6 month review pursuant to WIC 364. During this period of time, a new social worker is assigned to your case; a family maintenance worker. As the name sounds, this...

The 388 Petition & Hearing

I mentioned this hearing here, because I’d like you to be thinking about this tool all during the juvenile court process. Theoretically, it cannot be used until after the dispositional hearing; therefore, I mention it now. This is a petition that ANY PERSON can file...

The Dispositional Hearing (Dispo, Trial #2)

If the parents lose the adjudication phase, or if they plead at the adjudication phase, the next hearing is the Dispositional Hearing. This is probably the most important hearing in the entire juvenile dependency process. And, we must remember, if you lose the...

The Contested Jurisdictional Hearing (ADJ, Trial #1)

Assuming that you were not in agreement with some or all of the recommendations of the DI in the Jurisdictional/Dispositional report filed by the social worker; you are entitled to a trial. I refer to this trial as the Adjudication Hearing, or trial number 1 (ADJ,...

The Jurisdictional Hearing (JDX, ROR)

After the Arraignment & Detention Hearing, the case is assigned to a social worker called a Dependency Investigator (DI). It is this workers job to independently, and objectively, investigate the allegations of the Emergency Response (ER) social worker, the...

The Pre-Release Investigation (PRI)

On occasion, the judge may set an interim hearing, if requested, for the home of a relative or parent to be investigated, so that the children can be placed there, and not in foster care. I find that these types of hearings are being used less and less; and being...

Placement With Relatives & Family Friends

Many times, children are placed in foster homes when they are taken from parents. In my opinion, placement with friendly relatives is always better than placement in a foster home. The reasons for this opinion are almost infinite, but include: better visitation...

First Court Hearing: The Arraignment & Detention Hearing (A&D)

After your children are taken by the social worker, the law requires that you be given the opportunity to go to court and challenge the social worker. This can be a long process. The social worker has to notify you, within 48 hours of you losing your children, that...

The Social Worker’s Initial Investigation

Juvenile Dependency cases usually begin in two ways. First, the social worker, generally an Emergency Response (ER) worker, becomes aware of the suspected child abuse, which was reported by a third person. California, like most states, has a long list of “mandated...

The Juvenile Dependency Court System

The Juvenile Dependency Court System is administrated by two different entities. The Superior Court of California, Juvenile Dependency Departments – which is part of every County Superior Court system in California. This system is part of the judicial branch of the...

Introduction

About the Author: Vincent W. Davis is a licensed attorney in the State of California. He is the managing member of the Law Offices of Vincent W. Davis & Associates. www.VincentWDavis.com, www.FightChildProtectiveServices.com, Phone: 888 888 6582...

Social Services Takes Your Kids out of Your Home — CA lawyer Vincent W. Davis Explains What to Do

Social Services Takes Your Kids out of Your Home — CA lawyer Vincent W. Davis Explains What to Do Social Services Takes Your Kids out of Your Home — CA lawyer Vincent W. Davis Explains What to Do https://www.helpfightcps.com (877) 696-3303 California attorney Vincent...

If Social Services Accuses You of Being an Alcoholic or Drug Addict

Listen as California attorney Vincent W. Davis tells you what you should do if someone has brought a complaint against you to social services. Whether it be a neighbor or angry relative, someone has told social services that you either are an alcoholic or a drug...

Mother Falsely Accused of Drug Use & Child is Taken After Giving Birth

Listen as California attorney Vincent W. Davis recalls a horrible story in which a newborn baby was taken away from its mother just after birth. Social services removed the child from the mother’s custody claiming her routine drug test at the time of admittance into...

Complied with Social Service Court Orders but Children Not Returned

California attorney Vincent W. Davis walks you through what you should do if you’ve complied with the court orders mandated in your social services case but your children still haven’t been returned to the home. The judge may have court ordered you to do a number of...

3 Things You Must Do At the Start of Your Juvenile Dependency Case

3 Things You Must Do At the Start of Your Juvenile Dependency Case Get Friendly Relatives Evaluated To Care for Your Children Get Friendly Relatives Evaluated To Care for Your Children Get Friendly Relatives Evaluated To Care for Your Children Yes, I said it three...

Your Children Can Be Placed with Relatives regardless of Where the Relatives Live

All too often, I hear prospective clients tell me the social worker said, “The children cannot be placed outside our county.” And the most offered reason is that the other parent is in the middle of a family reunification plan, or some such other reasons that are too...

How to Win Your CPS Trial, Part One: The Overview

Part One: The Overview At some point in a CPS / DCFS case you will be entitled to your trial. Now there are 2 different trials you should be aware of: jurisdictional and dispositional hearings. They are very different. And you should understand the difference. First,...

Don’t Sign That CPS Safety Plan / DCFS Safety Plan

In many cases where county social workers investigate allegations of child abuse and child neglect they don’t have enough evidence against parents to file a juvenile dependency case and the social workers don’t have enough evidence to remove the children from the...

Forgery

Even most people who are not policemen and lawyers understand that faking someone else’s signature on a check constitutes the crime of forgery. So does trying to falsify one’s junior college academic transcript with the intention of sending the document to a...

The 3 Strikes Habitual Offender Law

California has been a national leader in habitual offender legislation, commonly referred to as “3 Strikes” laws. The reasoning behind such laws is pretty simple: Give harsher sentences to criminals who have been convicted of three or more serious felonies because...

Penal Code 1000

Graveyard shift cab drivers and criminal defense lawyers are repeatedly witnesses to a hard truth in California: Illegal drug use is common. Not only is it common, it is common among people from a variety of backgrounds. Educated, uneducated, wealthy, middle class,...

I Don’t Want Him Prosecuted Or Sent To Jail!

Commonly, it is the supposed “victim” in a domestic violence case who seeks out a lawyer to represent her husband or boyfriend. And the assertion presented in the above title is often one of the first things she tells the attorney she has just hired. Firstly, be...

Should I Meet And Talk To The Child Protective Services Social Worker?

Should I Meet And Talk To The Child Protective Services Social Worker? I can univocally state the answer is NO, do not meet with the CPS or DCFS social worker without your attorney, 99 percent of the time. This advice is based on approximately 25 years of experience...

Reducing Felonies To Misdemeanors

California Penal Code 17(b) allows for certain felonies to be reduced to misdemeanors. Under Section 17(b), such felonies can be reduced to misdemeanors before or after sentencing. The timing of a charge reduction can be crucial. For instance, a domestic violence...

The Police Didn’t Read Me My Rights!

They didn’t read me my rights! Shouldn’t my case be thrown out? The above questions are ones California defense lawyers hear rather frequently during initial interviews with new clients. The short answer is: It depends. As a result of a Supreme Court case...

Forms Needed To Start Your Divorce

If you are contemplating getting a divorce but haven’t started the process, this blog will tell you what forms you need to start the process. All the forms described below can be found on the California Courts website, www.courts.ca.gov. Once you are on the site,...

The Differences Separating Misdemeanor And Felony DUI’s

A “deuce” in California may be charged as a misdemeanor or a felony. Felonies are crimes for which the punishment can be a term in prison over a year, however, most DUI cases in our state are misdemeanor matters. When violations of Vehicle Code 23152(a) and 23152(b)...

Advice For Teenage Mothers Heading Into A Custody Battle

In recent months, I have had the opportunity to represent teenage mothers caught in custody disputes. On two occasions, the father was refusing to return the infants to the mothers. The teenage mothers asked the police for help but the police were unable to help...

Should I talk to the Social Worker? Or Should I Lawyer Up?

I get asked this question at least 5 times a day. And it is an important question. It may well decide what happens, and what eventually happens to you and your children. Having said that, 99% of the time I recommend that parents NOT talk to social workers. And...

Joint Suspensions In California

Joint suspension is a term frequently mouthed by defendants sitting in jail and attending proceedings in local courthouses. People facing felony charges commonly look at joint suspensions as a good solution to their current problems in the legal system, however,...

The First Hearing: The Arraignment Detention Hearing

The First Hearing: The Arraignment Detention Hearing Once the social worker’s investigation of alleged child abuse or neglect is completed, in most situations the social worker may file a request with the juvenile court for a warrant or court order to take away your...

Obtaining a Temporary Restraining Order

A temporary restraining order is a remedy issued prior to final disposition of litigation. Its function is to preserve the status quo and to prevent irreparable harm pending the hearing of an application for preliminary injunction on notice. A temporary restraining...

Moving Forward From a Criminal Past: Expungement of a Felony DUI Conviction

At the age of twenty-one, drinking became an all too familiar ritual for him. He was clearly inebriated, yet he grabbed a hold of the steering wheel while his friend entered the passenger side of his car. Now, at age forty, he tries to forget that night, despite the...

JUVENILE DEPENDENCY BASICS – Lesson II in the Series – Some Stupid Damned Social Worker Took My Kids; Things you Should Know

A Primer for Parents and Other Caretakers Lesson II in the Series “Some Stupid Damned Social Worker Took My Kids; Things you Should Know” When last we met, our dear victims of circumstance had endured a police raid on their home in the middle of the night, only to...

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