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# Northern California Attorney Wallace Francis

## Sitemaps

- [XML Sitemap](https://www.wallacefrancis.com/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [Law Office BLOG](https://www.wallacefrancis.com/law-blog/)
- [I Made Two AI Chatbots Argue About My Bar License. Here's What Happened.](https://www.wallacefrancis.com/i-made-two-ai-chatbots-argue-about-my-bar-license-heres-what-happened/) - By Wallace Francis It started as a research exercise and turned into something I have never seen described anywhere in the legal press: two competing artificial intelligence systems, from two competing companies, engaged in a substantive disagreement about whether my law practice was adequately protecting attorney-client privilege, with my bar license as the stakes. Claude
- [How to catch a liar in a divorce case](https://www.wallacefrancis.com/how-to-catch-a-liar-in-a-divorce-case/) - One of the salient features of family law cases is lying: parties lie, lawyers lie, witnesses lie. One of the other features is that people rarely get punished for it. The lying is so pervasive that it’s often not possible for the court to sort out who is telling the truth without investing a tremendous
- [Discovery, Domestic Violence and Family Code 6309: did the legislature really help?](https://www.wallacefrancis.com/discovery-domestic-violence-and-family-code-6309-did-the-legislature-really-help/) - As of Jan.1, 2024 a new law came into effect that clarifies existing ambiguity in the law regarding whether a party can engage in discovery in the context of Domestic Violence Restraining Order. Whereas before the answer depended upon what judge you went in front of and in what county, the new answer is a
- [What happens when the abuser controls the children in a child custody case?](https://www.wallacefrancis.com/what-happens-when-the-abuser-controls-the-children-in-a-child-custody-case/)
- [DARVO explanation for victims of narcissists during divorce](https://www.wallacefrancis.com/darvo-explanation-for-victims-of-narcissists-during-divorce/) - Gaslighting is a form of psychological manipulation and emotional abuse in which a person seeks to sow seeds of doubt in a targeted individual or in members of a targeted group, making them question their own memory, perception, or sanity. It is often employed by individuals who have Narcissistic Personality Disorder (NPD) or other personality disorders.
- [RESTRAINING ORDERS AND COVID19 CORONAVIRUS](https://www.wallacefrancis.com/restraining-orders-and-covid19-coronavirus/)
- [Divorced Parenting During Covid-19](https://www.wallacefrancis.com/divorced-parenting-during-covid-19/)
- [The only protection you have against Coronavirus is information](https://www.wallacefrancis.com/the-only-protection-you-have-against-coronavirus-is-information/)
- [Domestic violence and COVID19](https://www.wallacefrancis.com/domestic-violence-and-covid19/)
- [Divorce, shelter-in-place and COVID19: get advice now](https://www.wallacefrancis.com/divorce-shelter-in-place-and-covid19-get-advice-now/)
- [JOHNS HOPKINS CORONAVIRUS RESOURCE CENTER](https://www.wallacefrancis.com/johns-hopkins-coronavirus-resource-center/) - For good information regarding the COVID19 pandemic, click HERE for the Coronavirus COVID-19 Global Cases by the Center for Systems Science and Engineering (CSSE) at Johns Hopkins University (JHU). Johns Hopkins experts in global public health, infectious disease, and emergency preparedness have been at the forefront of the international response to COVID-19. This website
- [The COVID Tracking Project](https://www.wallacefrancis.com/the-covid-tracking-project/) - The COVID Tracking Project, found HERE is an excellent resource for understanding the scope of the current pandemic in the US. "The COVID Tracking Project collects information from 50 US states, the District of Columbia, and 5 other US territories to provide the most comprehensive testing data we can collect for the novel coronavirus, SARS-CoV-2.
- [The coronavirus isn’t mutating quickly, suggesting a vaccine would offer lasting protection](https://www.wallacefrancis.com/the-coronavirus-isnt-mutating-quickly-suggesting-a-vaccine-would-offer-lasting-protection/) - According to the Washington Post HERE, "The coronavirus isn’t mutating quickly, suggesting a vaccine would offer lasting protection". While the article suggest it will be a year or 18 months before a vaccine becomes available, the evidence indicates it can be a one-time shot rather than the seasonal flu shot which is required based upon
- [Three Santa Rosa Police Officers test positive for COVID19](https://www.wallacefrancis.com/three-santa-rosa-police-officers-test-positive-for-covid19/) - https://content.govdelivery.com/accounts/CASANTA/bulletins/282eda0
- [Can I withhold visitation due to COVID19 concerns?](https://www.wallacefrancis.com/can-i-withhold-visitation-due-to-covid19-concerns/) - The COVID19 crisis has parents scared for the safety of their children. Although it is true that children appear to handle the virus better (in fact, no child under the age of 9 has apparently died from it) it is still a concern, particularly when the infection rate is two or three times that of
- [Does warm weather help stop the Coronavirus COVID19?](https://www.wallacefrancis.com/does-warm-weather-help-stop-the-coronavirus-covid19/)
- [Every American Should See This Ad](https://www.wallacefrancis.com/1621-2/) - Every American should see this ad. pic.twitter.com/TEfkrkDsWP — Politidope (@Politidope) March 20, 2020
- [How long does the Coronavirus last on surfaces?](https://www.wallacefrancis.com/how-long-does-the-coronavirus-last-on-surfaces/) - According to the New England Journal of Medicine, link HERE , The scientists found that severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) was detectable in aerosols for up to three hours, up to four hours on copper, up to 24 hours on cardboard and up to two to three days on plastic and stainless steel.
- [Germany and COVID19 deaths.  Why are they so low?](https://www.wallacefrancis.com/germany-and-covid19-deaths-why-are-they-so-low/) - According to the Johns Hopkins Coronavirus Resource Center, approximately 23,000 Germans have contracted COVID-19 but only 91 have died from it. This appears to be an important number because unlike the United States, who has lagged behind most other industrialized nations for testing COVID19, the Germans have tested a LOT of people. According to THIS
- [How Korea stopped the COVID19 epidemic locally](https://www.wallacefrancis.com/how-korea-stopped-the-covid19-epidemic-locally/)
- [COVID19 TRACKING PROJECT](https://www.wallacefrancis.com/1611-2/)
- [Trump: "We're now at 15 and soon it will be zero"](https://www.wallacefrancis.com/trump-were-now-at-15-and-soon-it-will-be-zero/) - Trump: "We’re now at 15 and soon it will be zero" 3/1: 89 3/2: 105 3/3: 125 3/4: 159 3/5: 227 3/6: 331 3/7: 444 3/8: 564 3/9: 728 3/10: 1,000 3/11: 1,267 3/12: 1,645 3/13: 2,204 3/14: 2,826 3/15: 3,505 3/16: 4,466 3/17: 6,135 3/18: 8,760 3/19: 13,229 3/21:24,788
- [Johns Hopkins COVID9 tracker](https://www.wallacefrancis.com/johns-hopkins-covid9-tracker/)
- [Best resources for Coronavirus information for Northern California](https://www.wallacefrancis.com/best-resources-for-coronavirus-information-for-northern-california/)
- [COVID-19 and Advanced Health Care Directive](https://www.wallacefrancis.com/covid-19-and-advanced-health-care-directive/)
- [COVID19 Guidelines for Divorcing parties](https://www.wallacefrancis.com/covid19-guidelines-for-divorcing-parties/) - SUGGESTED GUIDELINES FOR PARENTS WHO ARE DIVORCED/SEPARATED AND SHARING CUSTODY OF CHILDREN DURING THE COVID19 PANDEMIC From the leaders of groups that deal with families in crisis: Susan Myres, President of American Academy of Matrimonial Lawyers (AAML) Jill Peña, Executive Director of AAML Dr. Matt Sullivan, President of Association of Family and Conciliation Courts (AFCC)
- [Read this Article: My husband watches TV all day while I cook and clean. He has a monthly income of $8K and a P.O. box to hide his finances. I found his will — and it left me reeling](https://www.wallacefrancis.com/read-this-article-my-husband-watches-tv-all-day-while-i-cook-and-clean-he-has-a-monthly-income-of-8k-and-a-p-o-box-to-hide-his-finances-i-found-his-will-and-it-left-me-reeling/)
- [Do children always tell the truth in family law cases?](https://www.wallacefrancis.com/do-children-always-tell-the-truth-in-family-law-cases/)
- [WHAT HAPPENS AT A HEARING IN A FAMILY LAW CASE?](https://www.wallacefrancis.com/what-happens-at-a-hearing-in-a-family-law-case/) - Very often people will come to my office when they are facing a hearing in a family law case. As one would expect, they do not understand the process and do now know what to expect. In my opinion, the wiser clients do not go to these hearings by themselves, but retain counsel to represent
- [WHAT IS A DOMESTIC VIOLENCE RESTRAINING ORDER?](https://www.wallacefrancis.com/what-is-a-domestic-violence-restraining-order/) - A “DVRO” or “Domestic Violence Restraining Order” is a court order, lasting anywhere from a few months to five years, which is granted against and individual for the follow act of “abuse” which is defined as the following: (1) To intentionally or recklessly cause or attempt to cause bodily injury. (2) Sexual assault. (3) To place a person
- [Types of divorce attorneys everybody hates](https://www.wallacefrancis.com/types-of-divorce-attorneys-everybody-hates/) - As a family law attorney we all run into different types of divorce lawyers. Some of them good, some of them bad, some of them, a combination of both. Here my rundown of a few different kinds: THE CHURNER: The first thing you need to do with this lawyer is watch your wallet. They will
- [Why the wrongdoer always has an advantage in a divorce or family law case](https://www.wallacefrancis.com/why-the-wrongdoer-always-has-an-advantage-in-a-divorce-or-family-law-case/) - As a family law attorney in Santa Rosa, California I see all different dynamics at play: in some cases, both parties are engaged in a tango in which they want to “one-up” the other one. In other cases, there is quite simply only one person who is driving the conflict. Because the “evidence” in family
- [Santa Rosa/Sonoma County Family law](https://www.wallacefrancis.com/santa-rosa-sonoma-county-family-law/) - If you are going through a divorce and need expert advice, from child custody, child support, division of property then please contact Wallace Francis Attorney at Law at 707-544-1134 or email him at wallace@wallacefrancis.com.
- [Deposition tips in family law cases](https://www.wallacefrancis.com/deposition-tips-in-family-law-cases/)
- [How do I respond to a false Domestic Violence Restraining Order?](https://www.wallacefrancis.com/how-do-i-respond-to-a-false-domestic-violence-restraining-order/)
- [Edit Sonoma County Form FL074](https://www.wallacefrancis.com/edit-sonoma-county-form-fl074/) - Sonoma County has a unique form a party can use to set their divorce for trial (a final resolution). A party must first go through a settlement session before trial, but all of this may be accomplished through form FL-074. The form is offered as a PDF through the County Website, however this particular form
- [Trials and Evidentiary Hearings in Family Law Cases](https://www.wallacefrancis.com/trials-and-evidentiary-hearings-in-family-law-cases/) - While the area of family law is different from other areas of law, the procedures are often the same or very similar. When it comes to trials, for example, the structure is generally the same. The order usually goes as follows: 1. Motions in limine: Pre-trial motions to exclude evidence or testimony and/or narrow the
- [Buyer's remorse in California Family Law cases and setting aside a judgment](https://www.wallacefrancis.com/buyers-remorse-in-california-family-law-cases-and-setting-aside-a-judgment/) - We have all been there: you make a decision, realize it's the wrong one, but you already inked the contract and it's a done deal. In California divorce cases, the MSA, or Marital Settlement Agreement that becomes a judgment is a bad thing if you don't like the deal you made. Can you have it
- [How can I afford an divorce attorney?](https://www.wallacefrancis.com/how-can-i-afford-an-divorce-attorney/) - Under California law, the party who has greater financial means can be ordered to pay the attorney fees of the other party in a Family Law case. Under Family Code Section 2030-2032, in order to "even the playing field" the court can award attorney fees sufficient so that a party may be represented. As a
- [Can my child talk to the Judge?](https://www.wallacefrancis.com/can-my-child-talk-to-the-judge/) - In California family law cases, children at times can address the court to explain their preference when parents do not agree on matters of custody. Family Code 3042 makes it clear that a child of 14 may be permitted to address the court if the court okays it. The court can so no if they
- [Your retainer account is depleted](https://www.wallacefrancis.com/your-retainer-account-is-depleted/)
- [A false restraining order has been filed against me.  What do I do?](https://www.wallacefrancis.com/a-false-restraining-order-has-been-filed-against-me-what-do-i-do/) - If you have received papers which lead you to believe that a Domestic Violence Restraining Order has been granted against you, the FIRST thing you need to do is read it carefully. Then read it again. If it is a valid order, it will have the signature of the judge and an actual ORDER by
- [Can I take a deposition in a domestic violence restraining order case?](https://www.wallacefrancis.com/can-i-take-a-deposition-in-a-domestic-violence-restraining-order-case/)
- [What is really going on in family law cases?](https://www.wallacefrancis.com/what-is-really-going-on-in-family-law-cases/)
- [Objecting to late papers in California Family Law cases](https://www.wallacefrancis.com/objecting-to-late-papers-in-california-family-law-cases/)
- [Client Reviews for Attorney Wallace Francis](https://www.wallacefrancis.com/client-reviews-for-attorney-wallace-francis-2/) - Edward K. Santa Rosa, CA 5.0 star rating 10/3/2018 Wallace Francis represented me in getting my partner’s daughters to stop their campaign of elder abuse. He filed letters of restraint against both of them which gave me time to move out of my partner’s house without my being physically harmed. The women in question had
- [Client Reviews for Attorney Wallace Francis](https://www.wallacefrancis.com/client-reviews-for-attorney-wallace-francis/)
- [The Parental Alienation "Road to Nowhere" and why there is no such thing as reunification therapy](https://www.wallacefrancis.com/the-parental-alienation-road-to-nowhere-and-why-there-is-no-such-thing-as-reunification-therapy/)
- [How do I file for divorce?](https://www.wallacefrancis.com/how-do-i-file-for-divorce/)
- [How to choose a divorce attorney](https://www.wallacefrancis.com/how-to-choose-a-divorce-attorney/) - Choosing a lawyer is a difficult decision, and unfortunately it is a decision that has real repercussions. All attorneys are not equal and choosing the right attorney for the right case can make a very great difference. The following is a list of criteria one should be using when choosing a lawyer: 1. How much
- [Domestic Violence Restraining Orders and Child Custody in California](https://www.wallacefrancis.com/domestic-violence-restraining-orders-and-child-custody-in-california/) - If you are someone you know is a victim of domestic violence, and you obtain a domestic violence restraining order under California law, you need to be aware of the effect it has upon child custody. Where there is a finding by a court that an act of domestic violence has occurred, there is "rebuttable
- [Post-Judgement Request for Order](https://www.wallacefrancis.com/post-judgement-request-for-order/)
- [How to get records in a divorce case](https://www.wallacefrancis.com/how-to-get-records-in-a-divorce-case/) - Out of all the ways to get records in a divorce case, the best way to get them is through a "Deposition Subpoena for Production of Business Records". This particular subpoena found at this link: allows you to obtain a lot of things, but the most popular and useful thing usually produced by this method
- [Pets are now considered community property](https://www.wallacefrancis.com/pets-are-now-considered-community-property/) - Under a new California law, pets are considered to be possessions that the court can divide. Governor Jerry Brown has signed a law which will take effect Jan.1, 2018.
- [Why should I produce documents in my divorce case?](https://www.wallacefrancis.com/why-should-i-produce-documents-in-my-divorce-case/) - Divorce cases, under California law, often involve finances. In order to sort out finances, documentation is necessary. Virtually every divorce case in California requires disclosure of finances to the other side, and depending upon how complex they are, the disclosure can be quite onerous. This is, without question, the most frustrating portion of my job.
- [How to Request an Order Shortening Time](https://www.wallacefrancis.com/request-order-shortening-time/) - When you want to ask the court to do something in your case, you usually file a Request for Order (FL300) and it can be heard in around a month or two. But what if you need to do it sooner? The first step is to prepare an FL300 form (Your whole motion) and check
- [Discovery in California Family Law Cases](https://www.wallacefrancis.com/discovery-california-family-law-cases/) - "With the noble sentiment of 'levelling the playing field' so that no party has an undue information advantage, the writers of the discovery rules created a multilevel playing field where the information-rich can kick the information-poor in the head and escape unscathed. "Discovery" is anything but ... Hundreds of thousands of dollars to maintain the
- [Only in family court can you hold an apple in your hand and the court will determine it to be an orange](https://www.wallacefrancis.com/family-court-can-hold-apple-hand-court-will-determine-orange/) - People are often dismayed upon finding out that their conception as to what transpires in family court crashes upon the shoals of reality. As I repeat as often as possible, the reality is that California Judges are hard-working, intelligent people who deserve our admiration, not our scorn, and do not deserve to be constantly the
- [CONVENTIONAL THERAPY FAILS WITH PARENTAL ALIENATION](https://www.wallacefrancis.com/ten-parental-alienation-fallacies-compromise-decisions-court-therapy/) - There are a great many fallacies regarding how PAS plays out within therapy. The common course of action is for the court to punt: we will hand this over to a therapist, the therapist will give us a recommendation, and we will probably follow it. That has a lot to do with the dysfunctional
- [How to come across as sane in family court while self-represented](https://www.wallacefrancis.com/come-across-sane-family-court-self-represented/) - 1. Don't interrupt excessively and argue with the Judge too much. Some Judges are okay with it. Others won't tolerate it. 2. Make claims you have supporting evidence for. Do not speculate. If your ex really does worship Satan, you better have video of him doing it. 3. Remain calm. Some emotion is to be
- [Are High Profile Murders With Juvenile Suspects Part Of A Trend?](https://www.wallacefrancis.com/are-high-profile-murders/) - Are high profile murders with juvenile suspects part of a trend? Steven Mayer, The Bakersfield Californian Dec. 6--The headlines earlier this year were enough to leave an entire community shaken: Five boys, some as young as 13, accused in beating death of 81-year-old man. Then it happened again: Two teens charged in stabbing death of
- [Restraining Orders For Pets](https://www.wallacefrancis.com/this-is-a-new-post-3/) - RESTRAINING ORDER FOR PETS SB353 allows the courts to include animals in restraining orders. As a consequence of the emotions involved in divorce, household pets are often killed by pereptrators of domestic violence and estranged spouses. This piece of legislation is designed to protect the pets from the perpetrators. On July 21, 2008, for example,
- [Yount Vs. City Of Sacremento](https://www.wallacefrancis.com/yount-vs-city-of-sacremento/) - A recent California Supreme Court decision has allowed an arrested person who was shot in the buttocks while resisting arrest to file a civil complaint despite his conviction. Sacramento Police officers arrested Yount on suspicion of drunk driving. An officer mistakenly pulled out his pistol instead of his taser and shot Yount once in the
- [Hit & Run: California Penal Code 20001](https://www.wallacefrancis.com/hit-run-california-penal-code-20001/) - The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident. Any person who violates this law shall be punished by imprisonment in the state prison, or in
- [Overnights with Fathers for Infants](https://www.wallacefrancis.com/overnights-with-fathers-for-infants/) - A common misconception among the courts is that infants cannot be with their fathers, and in fact should be exclusively with the mother at night. There is little, if any evidence for this proposition and in fact only serves to underscore the inherent prejudice fathers experience in California courts. Social workers and psychologists unfamiliar with
- [A conviction of domestic violence PC273.5 can cause a loss of custody](https://www.wallacefrancis.com/a-conviction-of-domestic-violence-pc273-5-can-cause-a-loss-of-custody/) - California Family Code Section 3044 3044. "(a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child's siblings within the previous five years, there is a rebuttable presumption that an award
- [Persons convicted of domestic violence lose child custody](https://www.wallacefrancis.com/persons-convicted-of-domestic-violence-lose-child-custody/) - California Family Code Section 3044 3044. "(a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child's siblings within the previous five years, there is a rebuttable presumption that an award of sole or
- [Choosing a lawyer](https://www.wallacefrancis.com/choosing-a-lawyer/) - When a person chooses a lawyer many times they do so the same way they choose a lot of services. Convenience is important, as is price, and a multitude of other variables come in to play. A more sophisticated consumer may search the web and do research on which questions to ask a lawyer. Usually
- [Starbucks settles regarding gift card ripoff](https://www.wallacefrancis.com/starbucks-settles-regarding-gift-card-ripoff/) - New Source: JusticeNewsFlash.com Starbucks Coffee Company agrees to settle lawsuit with three California District Attorney’s Offices. Government lawyers with several California District Attorneys Offices settle consumer fraud case with Starbucks Coffee Company. Monterey County, CA–Monterey, Shasta, and Sonoma County District Attorneys’ Offices have agreed to a settle a lawsuit filed on behalf of jilted Starbucks
- [Arrested by the police?](https://www.wallacefrancis.com/arrested-by-the-police/) - If you have been arrested by the police, more than likely you are going to have a lot of questions. That is why it is important to understand the process. A misdemeanor is a crime that is punishable by a sentence of less than a year in prison. A felony is a crime that is
- [An ounce of prevention...](https://www.wallacefrancis.com/an-ounce-of-prevention/) - There are many people who fantasize about the "good old days" when you could seal a deal with handshake and walk away knowing you had the word of another person to do what they said they were going to do. While I do not doubt that our society has become less honest, this is probably
- [Background checks on lawyers](https://www.wallacefrancis.com/background-checks-on-lawyers/) - Clients looking for an attorney should start first at the state bar website. You can search here by clicking the link on "Attorney Search" in the upper right hand corner of the page. The information provided will give you their contact information, how long they have been practicing, and perhaps where they went to school.
- [What is the burden of proof in a restraining order case?](https://www.wallacefrancis.com/what-is-the-burden-of-proof-in-a-restraining-order-case/) - In a criminal case it is well known that the burden of proof for the prosecution is "beyond a reasonable doubt". While we need not go into great detail here, suffice to say that the judge or jury need to be really certain that a person has committed a crime in order to convict them.
- [Sonoma County Domestic Violence where victims are men](https://www.wallacefrancis.com/sonoma-county-domestic-violence-where-victims-are-men/) - The following is an excerpt from a recent Press Democrat article printed on July 5, 2009. The trial for Bret Matz, 47, of Monte Rio is nearing opening arguments. He is accused of beating to death his 46-year-old partner, Robert Guess, with a lamp on Jan. 2. A preliminary hearing is set to be held
- [Victory of the day](https://www.wallacefrancis.com/victory-of-the-day/) - Charges were dismissed today against one of my clients in Sonoma Superior Court. He faced misdemeanor charges of shoplifting when in fact, he had received a free sample from the store clerk, only to be placed in handcuffs and prosecuted.
- [Charges dismissed](https://www.wallacefrancis.com/charges-dismissed/) - On March 31, 2010 charges were dismissed against my client for false allegations of domestic violence. His partner, who had previously served a lengthy six-month term in jail for attacking him and violating the terms of probation, made false allegations that 1) the police bought and 2) the district attorney charged, despite the total absence
- [California attorney fees in divorce cases](https://www.wallacefrancis.com/california-attorney-fees-in-divorce-cases/) - The family courts in California are, for lack of a better term, in crisis. Anyone with experience in that area of law, or with personal experience with the courts, can tell you the family courts often do not provide justice. Worse yet, they often injure everyone who comes into contact with them. In my opinion, the
- [FAMILY LAW AND PERJURY IN CALIFORNIA COURTS](https://www.wallacefrancis.com/family-law-and-perjury-in-california-courts/) - There is unanimous agreement among attorneys and litigants that the family courts do not punish perjury in any meaningful way. I am not going to mince words on this one: the California Superior Courts have abdicated responsibility on this issue. Perjury is the accepted norm in family law, and as long as perjury is not
- [More comments from the Elkins Task force regarding perjury](https://www.wallacefrancis.com/more-comments-from-the-elkins-task-force-regarding-perjury/) - AAML-SoCal believes that perjury is rampant in family law cases and something needs to be done about it. AAML-SoCal believes that there are no adequate consequences imposed by the courts when perjury is committed and that this has resulted not only in lack of respect for the courts by litigants and lawyers but the virtually
- [Comments from the Elkins Task force on Perjury in California Family Courts](https://www.wallacefrancis.com/perjury-in-california-family-courts/) - Disagree. This recommendation is sadly lacking. Perjury is a way of life in family court---not just by litigants but also by attorneys. The litigation privilege plus anti-pro-per attitudes have resulted in blatant lying by certain attorneys. And it takes a lot more effort to disprove lies than to make them. Fee awards should address these
- [More comments from Elkins Task Force: California Family Law and perjury](https://www.wallacefrancis.com/more-comments-from-elkins-task-force-california-family-law-and-perjury/) - Perjury People lie in family law because perjury is not punished. One Marin County deputy DA recently said that in his 25 years on the job, he has never seen perjury (a felony) committed in family court proceedings prosecuted in criminal court. In addition to sanctions, it should be prosecuted as the crime it is.
- [More comments from the Elkins Task Force re: California Family Law and perjury](https://www.wallacefrancis.com/more-comments-from-the-elkins-task-force-re-california-family-law-and-perjury/) - Perjury is certainly a problem that family law litigants face. It is agreed that there should be a mechanism for curbing perjury and sanctioning litigants who perjure themselves. This recommendation suggests that litigants have the opportunity after a court order has been made to prove by clear and convincing evidence that the other side
- [Elkins Task Force comments: California Family Law and Perjury](https://www.wallacefrancis.com/elkins-task-force-comments-california-family-law-and-perjury/) - This is one of the most important areas to fix in Family Courts. This brief paragraph is woefully inadequate. Where there is material perjury on financial or custody-related issues, there must be serious consequences to the litigants AND the attorneys. The officers of the Court (lawyers) must be held accountable by the State Bar’s code
- [Perjury in California Family Law Courts](https://www.wallacefrancis.com/perjury-in-california-family-law-courts/) - The old saying that there is more perjury committed in family law cases than any other is not such an outlandish statement. I believe more effective tools should be implemented so that the attorney and/or the bench officer can address the issue of perjury if in fact such can be proved. Thomas P. Stabile Trial
- [California Family Law Courts and perjury](https://www.wallacefrancis.com/california-family-law-courts-and-perjury/) - Enhancing Mechanisms to Handle Perjury I fully support your analysis, conclusion, and recommendations, but would add to that. Under “New civil sanctions” the conditions necessary for criminal prosecution are listed. I believe all parties should be informed of the consequences of perjury at the outset and if the conditions listed are met, that prosecution should
- [Can I have a trustee removed from a trust?](https://www.wallacefrancis.com/can-i-have-a-trustee-removed-from-a-trust/) - In a word, yes. California Law allows parties to file a "Petitioner to remove a trustee" if they are not following the directions of the trust. A trust is a plan (hence the term "estate plan") for the person putting money into the trust, called the "settlor". A trustee has a "fiduciary" duty, meaning a
- [The truth about "gender bias" in Family Courts](https://www.wallacefrancis.com/the-truth-about-gender-bias-in-family-courts/) - If you are reading this the chances are you have already previewed a number of websites from a number of authorities, both lawyers and laypersons, making claims about bias in the family courts. Most of them fall along the lines of two common themes: people who think women are being favored and people who think
- [Marriage of Davenport](https://www.wallacefrancis.com/marriage-of-davenport/) - One of my favorite blogs on family law has an interesting article on a local court case that has gone to appeal. http://www.thurmanarnold.com/Blog2/2011/May/Marriage-of-Davenport-Trial-Court-SANCTIONS-Wife.aspx You can read a more detailed synopsis of the case there. The case apparently involved 18 volumes and a motion for sanctions under Family Code 271, what is known as a "Feldman"
- [California Family Courts: the mythology of justice](https://www.wallacefrancis.com/california-family-courts-the-mythology-of-justice/) - Although justice can and does happen on a daily basis in the family courts here in California, one need only be at the end of an injustice to lose all hope and faith in the system. I often tell people seeking advice that justice is not the purpose behind the courts, but conflict resolution. Justice
- [Parental Alienation: the left hand of child abuse](https://www.wallacefrancis.com/parental-alienation-the-left-hand-of-child-abuse/) - It is no secret that in family law there are those individuals who are willing to stop at almost nothing to cause harm and wreak vengeance upon a spouse who dares to oppose them. Most of these individuals suffer from terrible personality disorders and these individuals are encouraged by the manner in which our adversarial
- [Parental alienation is child abuse](https://www.wallacefrancis.com/450/) - One of the troubling aspects of parental alienation is the manner in which the children are enlisted on the "side" of the alienating parent. Because the alienating parent has successfully convinced the children that the other parent is their enemy, the children are presented to the court, therapists, and the general public as being "independent
- [Is the sister of Jill Kelley, now at the center of the Petraeus scandal, a high-conflict personality?](https://www.wallacefrancis.com/is-the-sister-of-jill-kelley-now-at-the-center-of-the-petraeus-scandal-a-high-conflict-personality/) - With the recent events in which General Petraeus has resigned after his affair with biographer Paula Broadwell, national attention is turning to the "other other woman" who received emails from Broadwell which caused that woman, whose name is Jill Kelley to report these emails to the authorities. Mrs. Kelley, a Tampa socialite married to a
- [High-conflict personalities and passive aggression](https://www.wallacefrancis.com/high-conflict-personalities/) - I am a huge fan of an organization called the "High Conflict Institute", founded by Bill Eddy, LCSW, Esq., and Megan L. Hunter, MBA. Their unique approach to dealing with conflict comes from years of studying conflicts, and the realization that the conflicts are not driven by events, but in fact driven by the personalities
- [All-or-nothing thinking when discussing Parental Alienation Syndrome](https://www.wallacefrancis.com/all-or-nothing-thinking-when-discussing-parental-alienation-syndrome/) - Because of the unique characteristics of American law, which is an adversarial model in which both sides present arguments and evidence favorable to their position (rather than presenting arguments which favor the truth, whether bad or good for the client) it is no secret that anything involving the legal system and attorneys faces significant challenges
- [An interesting article on Parental Alienation](https://www.wallacefrancis.com/an-interesting-article-on-parental-alienation/) - Parental Alienation Is Open Heart Surgery: It Needs More than a Bandaid To Fix It, 34 Cal.W.L.Rev. 567 (1998). This Comment specifically discusses parental alienation, a process by which one parent consciously tries to divide the child, to pry the child loose *568 from involvement with the other parent. Section one deals with statistics of
- [All or nothing thinking on parental alienation](https://www.wallacefrancis.com/487/) - You may find the full article from which this excerpt is drawn on westlaw: "The existence of alienation is not equivalent to a denial of child abuse or intimate partner violence. What is concerning is that the feminist advocates who, in the name of helping women, deny that alienation exists, do a great disservice to
- [Domestic violence and false statistics](https://www.wallacefrancis.com/domestic-violence-and-false-statistics/) - Alongside the horrifying scourge of domestic violence comes the left hand of domestic violence: the false claims. Along with false claims come the reality that people with their own agenda will state "facts" which are not in fact true, in their zeal to promote their agenda. The truth be damned. Notably, in 2011 the Attorney
- [Definitions of child abuse](https://www.wallacefrancis.com/definitions-of-child-abuse/) - FAMILY CODE TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP SUBTITLE E. PROTECTION OF THE CHILD CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT SUBCHAPTER A. GENERAL PROVISIONS Sec. 261.001. DEFINITIONS. In this chapter: (1) "Abuse" includes the following acts or omissions by a person: (A) mental or emotional
- [Actor Alec Baldwin and PAS](https://www.wallacefrancis.com/actor-alec-baldwin-and-pas/) - I was at the county library the other day and ran across a book by actor Alec Baldwin about his experience with the family court system. It's always interesting to read the different perspective people bring to their experiences with the family court system, and I frankly felt sympathetic toward him after reading it. What
- [SONOMA COUNTY SPECIAL MASTER OR PARENT-COORDINATOR](https://www.wallacefrancis.com/special-master-or-parent-coordinator/) - As an attorney, I was trained by psychologist Joan Kelly in parent-coordination. Parent Coordinators or "Special Masters" are attorneys or therapists who are specially trained to aid the court in dealing with high-conflict cases involving children. Parent Coordinators can be appointed by the court or they can be agreed to by the parties. It has
- [FAMILY LAW FOR IN PRO PERS IN CALIFORNIA: LEGAL INFORMATION](https://www.wallacefrancis.com/family-law-for-in-pro-pers-in-california-legal-information/) - In writing this, I am going to assume you already have your case on file and are wondering how to proceed. If you don't have your case on file, which means you have either filed a petition for dissolution, or the other side has, and the other party has responded, then go see your local
- [Professor Nedley's "Disso-opoly"](https://www.wallacefrancis.com/professor-nedleys-disso-opoly/) - A hilarious, tongue-in-check, yet incredibly insightful graphic that "says it all" about the family system... http://www.professornedley.com/Disso_opoly.htm
- [What is a "Request for Order"? FL-300](https://www.wallacefrancis.com/what-is-a-request-for-order-fl-300/) - So your case is on file, your now less-significant other has answered, and you need something. You need spousal support, child support, division of the assets, etc. If your case is not on file, go here and see what needs to be done. This group of forms is what needs to be filled out, filed and served
- [news flash: lawyers are overconfident about your case](https://www.wallacefrancis.com/news-flash-lawyers-are-overconfident-about-your-case/) - One of the remarkable things I discovered upon entering law school was the number of students who would make arguments about matters of controversy, and make such arguments without nary a bit of doubt. Law students, and in fact, attorneys are often rewarded for their overconfidence, because being confident is an important part of being
- [How much does experience matter when choosing an attorney?](https://www.wallacefrancis.com/how-much-does-experience-matter-when-choosing-an-attorney/) - One of the main things you will see when perusing attorney commercials is the word "experienced". After all, who wants to be a part of the learning curve of a new attorney? The practice of law is difficult, and each area of law represents it's own difficulties. Your basic lawsuit has rules for which rules apply.
- [American Middle Class Cannot Afford a Lawyer](https://www.wallacefrancis.com/american-middle-class-cannot-afford-a-lawyer/) - According to an article in ABA Journal, "Lawyers are just too expensive for many people needing legal help, a law professor says. “You can hardly find a lawyer who charges less than $150 per hour, which is out of reach for most people," University of Southern California law professor Gillian Hadfield tells the Wall Street
- [avoid divorce court in Sonoma, Napa, Mendocino, Lake County, Marin County, Contra Costa County, Solano County](https://www.wallacefrancis.com/avoid-divorce-court-in-sonoma-napa-mendocino-lake-county-marin-county-contra-costa-county-solano-county/) - Liar's Court by Bill Swadely I've had the opportunity, albeit not by choice, to spend a few days at family court over the past six months. Family court, I was told by one lawyer who has spent the last 25 years in that area of his profession, is also known as "Liar's Court." The reason It's called this
- [When the Judge has not read your papers](https://www.wallacefrancis.com/when-the-judge-has-not-read-your-papers/) - I have read various articles over the years about how you should never ask a judge if they have read the papers. Thurmon Arnold, one of my favorite bloggers, commented in a post on advice for self-represented litigants the following: Rule #6: Never Assume the Court Has Read the File, and Never Ask Never
- [Court mystified as to why court case is lasting ten years](https://www.wallacefrancis.com/court-mystified-as-to-why-court-case-is-lasting-ten-years/) - In an article that one reads and wonders is not straight out of the "Onion", a Connecticut divorce case that has lasted ten years continues on, rife with accusations of, you guessed it, parental alienation and financial misconduct. The case has had approximately six or seven hundred motions filed. The quote of the day comes
- [California Cannabis lawyer: attorney general guidelines: prop 215](https://www.wallacefrancis.com/california-cannabis-lawyer-attorney-general-guidelines-prop-215/) - GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE August 2008 In 1996, California voters approved an initiative that exempted certain patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana. In 2003, the Legislature enacted additional legislation relating to medical marijuana. One of
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- [Court disregards DUI science](https://www.wallacefrancis.com/court-disregards-dui-science/) - California Supreme Court Outlaws Science In DUI Cases Scientific evidence challenging the accuracy of breathalyzers is not admissible, California Supreme Court rules. Scientific evidence cannot be brought into evidence to challenge a borderline conviction for driving under the influence of alcohol (DUI) in California. The state Supreme Court last week rejected Terry Vangelder's attempt to
- [Lying In Family Court by Bill Eddy](https://www.wallacefrancis.com/lying-in-family-court-by-bill-eddy/) - When I became a family law attorney/mediator after a dozen years as a therapist, one of the biggest surprises was the extent of lying in Family Court: lies about income, assets and even complete fabrications of child abuse and domestic violence. Why would people lie so much, I wondered? How did they get away with
- [Perjury in divorce cases](https://www.wallacefrancis.com/perjury-in-divorce-cases/) - The television show "Lie to Me" starring Tim Roth tells a story about a "human lie detector" who, by reading facial cues and reactions, can tell whether any individual is telling the truth or not. There are no shortage of people out there, Judges among them, who are convinced they have some special ability to
- [Reality, perception, and the family law game](https://www.wallacefrancis.com/reality-perception-and-the-family-law-game/) - While people are certainly entitled to their own opinions, they are not entitled to their own facts. Unfortunately, because the our legal system encourages complexity and bases decisions on arcane, often illogical, byzantine rules which encourage gamesmanship rather than fostering an environment that discourages falsehoods, you, the truth-teller are in no advantageous position for being
- [False memories and eyewitness testimony](https://www.wallacefrancis.com/false-memories-and-eyewitness-testimony/) - The Problem with Eyewitness Testimony a talk by Barbara Tversky, Professor of Psychology and George Fisher, Professor of Law Laura Engelhardt Stanford Law School, April 5, 1999. In a presentation sponsored by the Stanford Journal of Legal Studies, George Fisher placed Barbara Tversky’s research on memory fallibility into the context of police investigations and jury
- [Enabling parental alienation](https://www.wallacefrancis.com/enabling-parental-alienation/) - The sad reality that children can be used as pawns in an effort by one parent to hurt another parent never dawned upon me until I witnessed it first hand. Throughout my entire life, I had never seen, or heard of such a thing and it never occurred to me that anyone would do such
- [Child custody move-away cases](https://www.wallacefrancis.com/child-custody-move-away-cases/) - California law holds that parents can obtain an order from the court allowing them to move children away from their current residence, even if that creates a situation where the visitation or custody of the other parent is reduced. The standard, as always, is the vague and ambiguous "best interests of the child" which as
- [What happens to my license in California if I get a DUI?](https://www.wallacefrancis.com/what-happens-to-my-license-in-california-if-i-get-a-dui/) - When you are arrested for DUI in California you have ten days to request a hearing with the DMV. If you do not, your license is automatically suspended. If you do, you can ask it to be delayed usually until after the criminal charges are resolved. If you are convicted of DUI the court notifies
- [25 ways to create a conflict by Casey Wilson](https://www.wallacefrancis.com/25-ways-to-create-a-conflict-by-casey-wilson/) - 25 Ways to Intentionally Create Conflict in A Coparenting Relationship 2 Replies By Casey Wilson There is a presumption by many family law professionals that if there is moderate to high conflict it is impossible parents share parental duties including time sharing as well as decision making. This seems reasonable, but these professionals really need to
- [Estrangement or PAS?](https://www.wallacefrancis.com/estrangement-or-pas/) - "Parental Alienation is defined as the deliberate attempt by one parent to distance his/her children from the other parent. An example would be the mother who shares too much information about the father's affair with the children in a covert attempt to cause the children to harbor ill will toward the father. A mother or father
- [Narcissistic Personality Disorder in the Family Court System](https://www.wallacefrancis.com/narcissistic-personality-disorder-in-the-family-court-system/) - by: Tina Swithin Become a fanAuthor, Blogger and Travel Writer Email Why can't both parents just get along for the sake of the children? Those words are like nails on a chalkboard to anyone who has been through a divorce with someone who suffers from Narcissistic Personality Disorder (NPD). While divorce can bring out the worst in a healthy
- [paralegal guilty of practicing law without a license 7-23-2014](https://www.wallacefrancis.com/paralegal-guilty-of-practicing-law-without-a-license-7-23-2014/) - SAN DIEGO — A woman accused of practicing law without a license pleaded guilty this week to misdemeanor charges including grand theft and was ordered to serve time in custody. Stephanie Strong, 48, was also placed on probation for three years Tuesday and ordered to pay restitution to her former clients. Prosecutors said Strong, also known
- [Parental Alienation Syndrome: How to Detect It and What to Do About It    by J. Michael Bone and Michael R. Walsh](https://www.wallacefrancis.com/parental-alienation-syndrome-how-to-detect-it-and-what-to-do-about-it-by-j-michael-bone-and-michael-r-walsh/) - "The criteria described below are fairly easy to identify separate and apart from the court file. When there is uncertainty about any of them, these criteria can be used to guide the attorney in the deposing of witnesses as well as in their examination in court. Criteria I: Access and Contact Blocking Criteria I involves
- [Personality Disorders in Family Court (an excerpt)](https://www.wallacefrancis.com/personality-disorders-in-family-court-an-excerpt/) - Bill Eddy‚ L.C.S.W.‚ Esq.. Personality Disorders Appearing In Family Court Probably the most prevalent personality disorder in family court is Borderline Personality Disorder (BPD) — more commonly seen in women (now 2008 research indicates BPD is equally men and women). BPD may be characterized by wide mood swings‚ intense anger even at benign events‚ idealization
- [Don't be Passive When Divorcing High Conflict Partners](https://www.wallacefrancis.com/dont-be-passive-when-divorcing-high-conflict-partners/) - Passivity when divorcing can be costly in many ways. Published on May 17, 2012 by Randi Kreger in Stop Walking on Eggshells In India, there are a lot of monkeys. To catch one, residents anchor a bottle to the ground. The neck of the bottle is just large enough for a monkey's hand to fit through.
- [Kelly Giersch loses custody due to parental alienation](https://www.wallacefrancis.com/kelly-giersch-loses-custody-due-to-parental-alienation/) - ________FROM Parental Alienation in Divorce: The Kelly Rutherford Divorce Saga By Nancy Van Tine on October 10, 2012 Kelly Rutherford, who portrays the glamorous matriarch Lily Van der Woodsen on the hit series “Gossip Girl,” has been hitting the morning talk show circuit to expose the supposed injustice of a recent order by Los Angeles
- [ten myths about parent coordinators](https://www.wallacefrancis.com/ten-myths-about-parent-coordinators/) - If you are co-parenting with your former spouse, perhaps the term "co-parent" seems to be more of an oxymoron than a reality. Do any of these statements sound familiar? · "You were supposed to drop off the kids by 5 p.m., and it's now 5:30 p.m. You are always late. I'll see you in Court."
- [32 Tips for your Child Custody Case in California](https://www.wallacefrancis.com/32-tips-for-your-child-custody-case-in-california/) - FROM: Bremer Whyte Divorce Attorneys Follow the court order completely, regardless of any violations of the order the other parent may be committing. One of the key issues in a custody determination is which parent is better able to share the children with the other parent. Make sure that you have done everything in
- [Signs it is time to engage a parenting coordinator](https://www.wallacefrancis.com/signs-it-is-time-to-engage-a-parenting-coordinator/) - Diane L. Danois, J.D. Divorce Coach and Mediator Signs It's Time to Engage a Parenting Coordinator The signs indicating that it's time to hire an attorney are typically readily apparent: You just learned that your spouse is cheating... again. Your former spouse is withholding child support payments... again. You want a divorce, but your
- [Divorcing a narcissist](https://www.wallacefrancis.com/divorcing-a-narcissist/) - "Author of the bestseller Will I Ever Be Good Enough? Healing the Daughters of Narcissistic MothersDr. Karyl McBride draws on her expertise in treating children and partners damaged by narcissists in this practical new guide to divorce and its aftermath. With more than three decades of experience as a licensed marriage and family therapist, Dr.
- [Family Code 218](https://www.wallacefrancis.com/family-code-218/) - Marriage of Boblitt, (2014) 223 Cal.App.4th 1004, held that there is no automatic right to conduct discovery under the Civil Discovery Act in connection with a post judgment motion in a family law proceeding. Furthermore, it held that, except under limited circumstances, family law litigants must file a motion under Code of Civil Procedure Section
- [What do I do if my spouse quit his job to reduce child support](https://www.wallacefrancis.com/what-do-i-do-if-my-spouse-quit-his-job-to-reduce-child-support/) - California Family Code 4058 allows the court to impute income to a parent if that parent is purposefully reducing their income to frustrate a child support order. Below is an excellent blog entry, credited to San Diego Attorney Roy M. Doppelt:"Under California law, child support is based on each parent's income and custodial time with
- [High conflict divorce in California: keep it simple](https://www.wallacefrancis.com/high-conflict-divorce-in-california-keep-it-simple/) - There are a lot of very effective tactics at play in family law litigation in the great state of California. Among the very best is the use of documentation to provide factual evidence of what is actually transpiring. There are a great number of people who believe eyewitness testimony, cross-examination, and judicial determinations of credibility
- [The use of the "false narrative" in family law cases](https://www.wallacefrancis.com/the-use-of-the-false-narrative-in-family-law-cases/) - One of the striking aspects of the practice of family law is the manner in which some cases never end. Most lawsuits (other than asbestos litigation or other odd areas of law) are over within a year or two. Some drag on for more than that. But family law cases can literally go on for
- [California Child Custody Attorney](https://www.wallacefrancis.com/california-child-custody-attorney/) - If you are like me and the family I came from, your kids are the most important thing in the world to you. You will do just about anything to protect them. It is an unfortunate reality that not everyone is clear on the concept of putting the interests of a child ahead of your
- [Child Custody Disputes: how can you tell there is going to be trouble?](https://www.wallacefrancis.com/child-custody-disputes-how-can-you-tell-there-is-going-to-be-trouble/) - Probably the single most important factor to examine is father or mother's new significant other. When you have children, the unfortunate thing for many of us is that we are bound for the rest of our lives to someone who we no longer (and may never have) mesh with. That relationship can continue, in a
- [High Conflict Personality chart from Bill Eddy](https://www.wallacefrancis.com/high-conflict-personality-chart-from-bill-eddy/) - Cognitive Distortions And Litigation Few legal professionals understand the attraction of those with personality disorders or traits to the legal process. Yet a comparison of characteristics shows a perfect fit, which may explain why they increasingly show up in court as High Conflict Personalities. Characteristics of HCPs Characteristics of Court Process Lifetime Preoccupation: Blaming others Purpose: Deciding
- [New Voices: Parental alienation – time to notice, time to intervene- By Sue Whitcombe](https://www.wallacefrancis.com/new-voices-parental-alienation-time-to-notice-time-to-intervene-by-sue-whitcombe/) - At this precise moment I’m in some manic, hyperactive mode that is suppressing my exhaustion as I beaver away at my urgent ‘to do’ list ahead of my Friday flight to Spain. Twelve days. Twelve whole days in which I am banned from using my computer, accessing e-mails and reading anything remotely related to my
- [Throwing Up Roadblocks In Family Law Cases](https://www.wallacefrancis.com/throwing-up-roadblocks-in-family-law-cases/) - If you are a parent and/or spouse who is using the family court process in order to impose your will upon the other person, one tried & true "dirty" trick is to throw up "roadblocks" at every opportunity. The popular saying among lawyers (which at one time I thought was humorous and now think is disgusting)
- [A judge who truly understands parental alienation](https://www.wallacefrancis.com/hero-judge/) - https://www.youtube.com/watch?v=h2xlYCOyzEI
- [Article on divorcing a narcissist](https://www.wallacefrancis.com/article-divorcing-narcissist/) - Divorcing a narcissist may be the toughest fight of your life. While your marriage to a narcissist may have seemed like hell, divorcing him/her can be painfully agonizing, making your marriage seem like a walk in the park. Following my recent blog, the #1 Secret to Engaging a Narcissist, I received hundreds of emails
- [HOW DO I SET ASIDE A CHILD SUPPORT ORDER?](https://www.wallacefrancis.com/set-aside-child-support-order/) - If you are wondering whether you can set-aside a child support order, you need to know some basic things: 1. Do not allege fraud or perjury at all in any moving papers (or anywhere) for that matter, because the lead case on this issue, In Re Marriage of Zimmerman 183 Cal.App.4th 900 (2010) is commonly
- [Can a child choose which parent to live with?](https://www.wallacefrancis.com/can-child-choose-parent-live/) - The short answer is "no". But like a lot of answers from lawyers, this is not the end of it. California Family Code 3042, subsections (a) through (d) specifically state: (a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the
- [How can I pay my mortgage and child support?](https://www.wallacefrancis.com/can-pay-mortgage-child-support/) - Under California law, a person who is party to a divorce has to keep paying the mortgage. There is an automatic order that comes into effect upon filing. But what happens when a temporary child support or spousal support order comes into effect that makes it impossible? The answer is not a great one, and
- [Parental Alienation Dynamics-Dr. Craig Childress](https://www.wallacefrancis.com/parental-alienation-dynamics-dr-craig-childress/) - http://https://www.youtube.com/watch?v=9_gfu_4XNyU
- [TRUST ACCOUNTING: WHO CAN ASK FOR AN ACCOUNTING OF A TRUST?](https://www.wallacefrancis.com/trust-accounting-who-can-ask-for-an-accounting-of-a-trust/) - When you become a trustee of a trust, you are automatically required to do a lot of things. You should keep careful track of all expenditures and be ready to produce records of what you have done. It is a good idea to hire an accountant or other professional if you find this challenging or
- [Sonoma County Eviction Attorney Wallace Francis](https://www.wallacefrancis.com/sonoma-county-eviction-attorney-wallace-francis/) - https://www.youtube.com/watch?v=ots8_wP3X5Q
- [The pain of parental alienation](https://www.wallacefrancis.com/the-pain-of-parental-alienation/) - The loss of a child is so immeasurable in the universe of grief that the English language in fact has no word to describe a parent who loses a child. The words "widow" and "widower" impart the image of one who has lost their mate through the inexorable march of time. We all suffer losses
- [The Emotional Aspects of Family Law](https://www.wallacefrancis.com/the-emotional-aspects-of-family-law/) - One of the difficult things about getting divorced is the emotions involved. Unlike any other area of law, the person you are in court against is a person you cared enough about to marry. There isn't much more personal than that. Thus, when things go badly, the feelings run far deeper than just about anything
- [Divorce: hiding assets](https://www.wallacefrancis.com/what-do-i-do-if-my-spouse-is-hiding-assets-and-lying-about-income/) - Hiding assets is often a problem in a divorce. When a marriage begins to break apart people all react differently. If you have a partner that has a "Cluster B" personality disorder, such as narcissistic personality disorder, and they are in control of the assets, it is almost a foregone conclusion that they are
- [Why family law attracts "craziness".](https://www.wallacefrancis.com/why-family-law-attracts-craziness/) - “Some things you must always be unable to bear. Some things you must never stop refusing to bear. Injustice and outrage and dishonor and shame. No matter how young you are or how old you have got. Not for kudos and not for cash: your picture in the paper nor money in the back either.
- [Parental Alienation: Welcome Back Pluto](https://www.wallacefrancis.com/parental-alienation-welcome-back-pluto/)
- [Divorce Corp and Marriage of Sorge](https://www.wallacefrancis.com/divorce-corp-and-marriage-of-sorge/) - The other day I was researching a case on child support and was trying to determine what duty a parent had to disclose information regarding child support. As I found out, once a "final judgment" is entered on the issue of child support (for example, as the result of a trial) the supporting parent no
- [When family law judges declare "A plague on both your houses!"](https://www.wallacefrancis.com/family-law-judges-declare-plague-houses/) - MERCUTIO: I am hurt. A plague o' both your houses! I am sped. Is he gone, and hath nothing? -Romeo and Juliet The houses, in this case, are those of the feuding Montague and Capulet families, which caused Juliet so much grief and was the source of her 'O Romeo, Romeo! wherefore art thou
- [The ten biggest mistakes in divorce](https://www.wallacefrancis.com/the-ten-biggest-mistakes-in-divorce/) - What are some of the biggest divorce mistakes? HAVING LESS MONEY THAN YOUR SPOUSE The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.Anatole France, The Red Lily, 1894, chapter 7 French novelist (1844 - 1924) . If
- [When the other parent wants to move away with your children](https://www.wallacefrancis.com/when-the-other-parents-wants-to-move-away-with-your-children/) - In the aftermath of any divorce or breakup where people have mutual children, it is often the case that one person wants to move and take the children with them. What are their rights? This portion of a case is called a "move-away" case and is subject to a complex series of amorphous standards that
- [Is my partner a narcissist?](https://www.wallacefrancis.com/is-my-partner-a-narcissist/) - The term "narcissist" comes from the Greek myth of Echo and Narcissus, in which the two main characters were cursed by the gods and doomed because they loved people who could not love them back. Echo was cursed by the gods, fell in love with Narcissus, and eventually died of a broken heart. Narcissus
- [Borderline Personality Disorder and divorce](https://www.wallacefrancis.com/borderline-personality-disorder-divorce/) - Borderline personality disorder (BPD) is a condition characterized by difficulties in regulating emotion. This difficulty leads to severe, unstable mood swings, impulsivity and instability, poor self-image and stormy personal relationships. People may make repeated attempts to avoid real or imagined situations of abandonment. The combined result of living with BPD can manifest into destructive behavior,
- [How to deal with a bad therapist in a family law case](https://www.wallacefrancis.com/deal-bad-therapist-family-law-case/) - Family law cases involving child custody usually have any number of therapists playing different roles in the case. One can be a therapist to the child, another can see each parent, a third can see both parents. One of the important features of using therapists is that it can provide opportunities for normal, well-adjusted people
- [Judicial Discretion and the Law of Tyrants](https://www.wallacefrancis.com/judicial-discretion-law-tyrants/) - "The discretion of a judge is said to be the law of tyrants. It is always unknown. It is different in different men. It is casual and depends upon constitution, temper and passion. In the best, it is sometimes caprice. In the worst, it is every vice, folly and passion to which human nature is
- [Parental Alienation Expert Richard Warshak](https://www.wallacefrancis.com/parental-alienation-expert-richard-warshak/) - If you or your loved one has experience with the form of child abuse known as parental alienation, you should be familiar with the book "Divorce Poison" by Dr. Richard Warshak. Dr. Warshak is a prominent psychologist who specializes in helping children and families caught in the grip of this terrible phenomena. If you or
- [Big companies are ripping you off and the Supreme Court has no problem with that](https://www.wallacefrancis.com/big-companies-ripping-off-supreme-court-no-problem/) - For about a year now I have been using Comcast and getting crappy service. I pay for fast service, but the techs who come out and the "customer service" reps don't know why nothing works at my house. Comcast thus gets to sell crappy service for full price and my option is to go with
- [Truth and the law](https://www.wallacefrancis.com/truth-and-the-law/) - It has been said that we do not have a justice system, we have a legal system. What does that mean? Simply put, it means that we, in our efforts to build a civil society that allows us to enjoy the freedoms enumerated in our constitution, have a system through which we resolve conflicts. It
- [PARENTAL ALIENATION LEAVES SCARS NO ONE CAN SEE](https://www.wallacefrancis.com/1078-2/)
- [Parent Coordination article from APA](https://www.wallacefrancis.com/parent-coordination-article-from-apa/) - A niche that puts children first Psychologists in many states are becoming parenting coordinators to help divorcing parents focus on their children's needs. By DEBORAH SMITH BAILEY Monitor Staff January 2005, Vol 36, No. 1 Print version: page 46 It's the aftermath of a bitter divorce: The parents return to court month after month to
- [Pioneer in parent coordination Mathew Sullivan](https://www.wallacefrancis.com/pioneer-parent-coordination-mathew-sullivan/) - Matthew Sullivan, Ph.D. is a clinical psychologist (California Lic. # PSY10214) in private practice in Palo Alto, California, who specializes in forensic child and family psychology. He has been in private practice in Palo Alto for 20 years, specializing in Forensic Family psychology. He is a pioneer in the field of Parenting Coordination, which he
- [Marriage of Davis(Cal. Supreme Court, June 20, 2015, Docket No. S215050)](https://www.wallacefrancis.com/marriage-daviscal-supreme-court-june-20-2015-docket-no-s215050/) - Living separate and apart means what? In a nutshell, this new decision states that even if you are under the same roof, even if you are sleeping in separate beds, have not had sex in ten years, keeping separate bank accounts, and driving to the family events in separate cars, you are NOT separated under
- [Court: Tsimhoni kids reunited with dad after therapy](https://www.wallacefrancis.com/court-tsimhoni-kids-reunited-with-dad-after-therapy/) - The three Bloomfield Hills children caught up in a custody dispute that made international headlines have successfully reunited with their father, and have been living with him since Aug. 13, according to Oakland County Circuit Court records. The children, ages 9, 11, and 14, underwent a court-ordered five day intensive therapy treatment designed to
- [Attorney Fees under Family Code 2030](https://www.wallacefrancis.com/attorney-fees-family-code-2030/) - One remarkable difference between family law cases and other kinds of cases are the fee-shifting statutes-laws that are designed to "even the playing field" by providing attorney fees to the party who has less money. It should come as no surprise to anyone that the people with money win in the court against the people
- [Father arrested in Sonoma County after allegedly kidnapping daughter](https://www.wallacefrancis.com/father-arrested-in-sonoma-county-after-allegedly-kidnapping-daughter/) - http://www.pressdemocrat.com/news/3908994-181/father-arrested-after-returning-missing "A man who set off a multi-state search after authorities said he took his two daughters out of an after-school program in Rohnert Park amid conflicting child custody court orders was arrested Friday afternoon . A Rohnert Park public safety officer arrested Everett Reep, 45, on suspicion of child endangerment outside his Santa Rosa
- [Father arrested after returning missing Rohnert Park girls](https://www.wallacefrancis.com/father-arrested-after-returning-missing-rohnert-park-girls/) - A man who set off a multi-state search after authorities said he took his two daughters out of an after-school program in Rohnert Park amid conflicting child custody court orders was arrested Friday afternoon . A Rohnert Park public safety officer arrested Everett Reep, 45, on suspicion of child endangerment outside his Santa Rosa home
- [The Boogeyman of California Family Law by Dan Cripe](https://www.wallacefrancis.com/the-boogeyman-of-california-family-law-by-dan-cripe/) - The Boogeyman of California Family Law by Don Cripe June 2013 Don Cripe For most of my 25 years as a trial lawyer (a substantial portion of which included family law matters), whenever the word “mediation” was used in the context of family law, parties (and even sometimes, lawyers) cringed. The problems with the process
- [International Parental Alienation Day April 25, 2015](https://www.wallacefrancis.com/international-parental-alienation-day-april-25-2015/) - You can read more about it here. April 25, 2015Saturday 7:00 PM - 9:00 PM California State Capitol 1100 L Street Sacramento, California 95814
- [Courts Have Seen (and heard) It All. Be Careful With Those Lies](https://www.wallacefrancis.com/courts-have-seen-and-heard-it-all-be-careful-with-those-lies/) - By JOSIE BROWN To some people, divorce is a declaration of war. To that end, any and all tactics are fair game. But a look at divorce rulings across the nation in recent years — from California, to Illinois, to Florida — indicates that judges are growing increasingly impatient with spouses who intentionally mislead
- ["IT'S A CIVIL MATTER"](https://www.wallacefrancis.com/its-a-civil-matter/) - This particular phrase, uttered by legions of law enforcement officers across California (and the rest of the US) whenever they don't want to do their job, is one of the most irksome, irritating, and completely abused phrases in the law enforcement lexicon. This stock phrase is used because most people don't know what the law
- [The intersection of law and psychology](https://www.wallacefrancis.com/the-intersection-of-law-and-psychology/) - Attorney Greg Herman wrote series of articles I am linking here on the interplay between law and psychology for the Wisconsin Bar Journal. Attorney Mark Baer wrote this article in 2011 which I found both wise and compassionate in its description of the divorce process. He states, and I agree, that the adversarial process destroys
- [Parental Alienation, children's choice and court delays](https://www.wallacefrancis.com/parental-alienation-childrens-choice-and-court-delays/) - When a parent perpetrates a sustained attack upon the relationship between a child and another parent, it is not unusual that the children eventually go along with it in order to avoid becoming a target themselves. It is no secret that children are impressionable, and no secret either that parents loom large in the life
- [Default Judgments](https://www.wallacefrancis.com/default-judgments/) - 1 Count 30 Days from The Date of Service of Process Begin counting days the day after service is made. Count Saturdays and Sundays. If the 30th day falls on a weekend or holiday, the defendant has until the next court day. 2 Take The Defendant's Default Do this step by filling out and filing multiple forms
- [](https://www.wallacefrancis.com/607/)
- [California marijuana law](https://www.wallacefrancis.com/california-marijuana-law/) - California laws regarding the possession of marijuana are complex. There is no need to be arrested and your plants confiscated for growing or possessing marijuana in California unless you are not following the guidelines and understanding either the state or local county rules that apply. It may surprise you to know that what will go
- [You can set up an appointment by text message](https://www.wallacefrancis.com/you-can-set-up-an-appointment-by-text-message/) - seven zero seven nine five three seven five one six.
- [Arbitration appeals](https://www.wallacefrancis.com/arbitration-appeals/) - Appealing arbitration decisions, for the most part, are a losers' game. The standard for an appeal of an award is totally different from that of a court case. The term is "vacatur" which means the award can be wrong on the law, completely misapply is and it DOES NOT MATTER. You read that correctly. It
- [Arbitration attorney in Napa, Sonoma, Marin, Lake and Mendocino counties](https://www.wallacefrancis.com/arbitration-attorney-in-napa-sonoma-marin-lake-and-mendocino-counties/) - What is arbitration? Generally speaking, what people really mean when they talk about "arbitration" is "binding arbitration". "Binding arbitration" is a type of ADR (alternate dispute resolution which usually includes mediation, arbitration, neutral case evaluation and some other ways of solving suits without recourse to court). Given the budget cuts and the increasing overload, the
- [Medical Marijuana collective law](https://www.wallacefrancis.com/medical-marijuana-collective-law/) - Our office provides legal documents in compliance with California's Prop 215. We provide services in Sonoma, Napa, Marin, Mendocino, and Lake Counties. Here is some information on the topic. http://www.californiadispensaryinfo.com/laws/
- [Children who resist post-separation parental contact:](https://www.wallacefrancis.com/children-who-resist-post-separation-parental-contact/) - http://books.google.com/books?id=ocUupL4YcnkC&pg=PA9&lpg=PA9&dq=benet+and+fidler+parental+alienation&source=bl&ots=AzgTDgAHjY&sig=HlC8laiHt68rqZ21mL3fbpgHeTE&hl=en&sa=X&ei=1OX6UZOdG6fDigKSt4GQBw&ved=0CC4Q6AEwAA#v=onepage&q=benet%20and%20fidler%20parental%20alienation&f=false
- [Domestic Violence](https://www.wallacefrancis.com/domestic-violence/) - Violence against women continues to be figure prominently in family law cases in the state of California as well as all other states. "Domestic Violence Homicides According to the California Department of Justice, Criminal Justice Statistics Center3, there were 113domestic violence fatalities in 2008 (the most recent year for which data is available). These accounted
- [Gender bias in Parental Alienation](https://www.wallacefrancis.com/gender-bias-in-parental-alienation/) - Although the original proponent of Parental Alienation Syndrome, Richard Gardner, formulated the opinion that women were primarily the instigators of parental alienation and men the targets of the same, I do not believe I have seen sufficient evidence to regard that as true. In fact, my experience has been that men are just as likely
- [Case in which parent was awarded custody due to parental alienation](https://www.wallacefrancis.com/case-in-which-parent-was-awarded-custody-due-to-parental-alienation/) - J.F. v. L.F., 181 Misc.2d 722, 694 N.Y.S.2d 592, 1999 N.Y. Slip Op. 99408 (N.Y.Fam.Ct. Jun 25, 1999) "Thus, in light of the totality of the circumstances, the Court has concluded that the best interests of these children are served by awarding custody to the father. The Court acts with a weighty awareness of the gravity of
- [California Family Courts and Perjury](https://www.wallacefrancis.com/california-family-courts-and-perjury-2/) - Enhancing Mechanisms to Handle Perjury This is one of the most frustrating aspects of family law. People lie baldly all the time, often in the face of overwhelming evidence of the falsity of the testimony. Victims of perjury lose faith in the system which is essentially powerless to punish it. A civil sanction would
- [California Family Courts and Perjury](https://www.wallacefrancis.com/california-family-courts-and-perjury/) - The prevalence of perjury in family court---leveling false accusations of domestic violence and child abuse are essentially accepted, standard litigating strategies, frequently advised by attorneys, therapists, and other counselors---may be reduced by punishing it, but doing so is unlikely to eliminate it as long as false allegations continue to be an efficacious means toward certain
- [Perjury and California Family Courts](https://www.wallacefrancis.com/perjury-and-california-family-courts/) - Enhancing Mechanisms to Handle perjury Agree with the recommendation subject to modification as described below. We agree that some mechanism is needed to address the issue of perjury in family law cases. We agree that legislation is the appropriate means to bring about the change. We agree that orders obtained using knowingly or fraudulently
- [Elkins Task force: Perjury in California Family Courts](https://www.wallacefrancis.com/elkins-task-force-perjury-in-california-family-courts/) - Enhancing Mechanisms To Handle Perjury. Rules and Code provisions have been in place for years that empower the trial courts to handle this. We need enforcement of what we have. It is also my best information that trial judges have been and are being encouraged not to make orders and grant sanctions against attorneys and
- [Elkins Task Force on perjury in California Family Courts](https://www.wallacefrancis.com/elkins-task-force-on-perjury-in-california-family-courts/) - We would like to see a rule that allows the family court to enforce perjury laws and to order fines for perjury that would go to family law services in the court, in addition to sanctions that compensate for the fees incurred to address the perjury. Deborah J. Marx (on behalf of the Alameda
- [False imprisonment by store security or night club security is common](https://www.wallacefrancis.com/false-imprisonment-by-store-security-or-night-club-security-is-common/) - Retailers and night club owners have the right to protect their property and patrons from criminal activity. In the case of retailers, a store owner has what is called the "shopkeepers privilege". This allows the store security to detain you for a reasonable period of time if they have reasonably believed a crime occurred. However,
- [California self-defense and martial arts training](https://www.wallacefrancis.com/california-self-defense-and-martial-arts-training/) - With the ever-rising popularity of MMA (Mixed-martial arts) it is likely that more and more criminal cases will be prosecuted in which the victims and/or perpetrators will have had some level of training. It is important to understand that, to quote self-defense expert Animal MacYoung, "The problem with self-defense training is 1) that it doesn't
- [Sonoma County DMV hearings and DUI](https://www.wallacefrancis.com/sonoma-county-dmv-hearings-and-dui/) - If you have been arrested in Sonoma County for DUI, you will almost certainly be charged with the crime of driving under the influence, and your name forwarded to the California Department of Motor Vehicles. Thus, your case will go forward in two different avenues, the criminal court and the administrative arm of the DMV
- [Parental Alienation Syndrome and "brainwashing" children](https://www.wallacefrancis.com/parental-alienation-syndrome-and-brainwashing-children/) - In representing both fathers and mothers in family law cases, charges of child abuse can often present themselves. Child abuse is not uncommon in the United States. The third leading cause of death for children ages 5-14 is homicide. Because the victims are so innocent and the perpetrators are almost always a caregiver, the crime
- [Real estate fraud](https://www.wallacefrancis.com/real-estate-fraud/) - Mill Valley real estate broker facing jail after admitting to embezzlement By ASSOCIATED PRESS Published: Wednesday, August 26, 2009 at 9:21 a.m. Last Modified: Wednesday, August 26, 2009 at 9:21 a.m. SAN RAFAEL — A Marin County real estate broker is facing up to eight years in jail after admitting to swindling nearly $1.4 million
- [Family Law Mediators: they can make or break you](https://www.wallacefrancis.com/family-law-mediators-they-can-make-or-break-you/) - When child custody becomes an issue between two parents, and the courts become involved, a report by a "mediator" is almost always a sure thing. These are mental health professionals trained to help the two parents come to an agreement, and if they don't, then they make a recommendation to the court. Most people do
- [Sex Offender Law: Unfair](https://www.wallacefrancis.com/sex-offender-law-unfair/) - The Fourth District Court of Appeal in Santa Ana ruled Wednsday that Prop. 83, which prevented sex offenders from living 2.000 feet from a school or park is punitive in nature and therefore retroactively would punish sex offenders who would be forced out of their homes.

## Pages

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- [Contact Me](https://www.wallacefrancis.com/family-probate-attorney/) - Get Legal Help: Contact Attorney Wallace Francis While I can’t offer legal advice via email, I would appreciate hearing from you. Please fill out the form below and I will respond at my earliest convenience. Santa Rosa Law Practice 3333 Mendocino Ave Ste 202 Santa Rosa, CA 95403 Phone: 707-544-1134 Fax: 707-581-1870 Email My Law Office "*"

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