Unfortunately, it seems as though the people we love most are usually the ones who end up hurting us the worst. In a family setting, emotional hurt generally makes up the bulk of this pain. However, in the wrong circumstances, the vulnerability of family relationships can easily be twisted, leading to things like domestic violence, abuse, and other serious crimes.
Because of this, family law often shares real estate with criminal law—despite the fact that they technically fall under different court systems. Here, we will discuss some of those crossover situations, and when you might want to include a San Joaquin criminal defense lawyer in your family law case.
Civil and Criminal Crossover Cases
Most of the time, family law matters fall under the civil court system. In civil court, individuals bring suits against each other, and usually arise over things like divorce, property disputes, torts, and contractual obligations. This is different from criminal court, where the government (either state or federal) brings a case against a citizen, directly.
For example, take domestic violence. While it is a family law issue (and thus, subject to civil court), as a crime protected by California’s domestic violence laws, these actions are also subject to criminal ramifications. Here, the government would not need your permission to press its own charges. Once a case has been filed, the government—as an entity—can choose whether or not it wants to pursue other penalties—regardless of how you feel about the matter. Thus, in these situations, a perpetrator could end up facing consequences in both civil and criminal courts.
As family law attorneys, here are some of the most common crossover cases we see between family and criminal law.
Domestic Violence
Domestic violence is defined by harm caused inside of an intimate relationship, and it is one of the most frequent crossovers to come up family court. While most people think of harm as hitting, bruising, and breaking bones, domestic violence actually extends beyond that. Harassing, stalking, threatening, destroying property, making threats—even if they are against another person, and not to you, personally—are all behaviors that fall under the domestic violence umbrella.
In addition to whatever civil court consequences can be earned here (such as divorce orders, damages, and possible alterations to child custody and visitation), the state might also choose to press charges. Depending on the facts, domestic violence can either be classified as a misdemeanor or a felony. Perpetrators could be fined, charged with probation, earn jail time, and even end up in a state prison.
Sexual Abuse
In addition to general provisions regarding sexual assault and rape, California’s penal code specifically mentions spousal rape—because being married doesn’t mean you get to have sex whenever you want. Consent is still critical. Thus, individuals convicted of spousal rape could face the better part of a decade behind bars, pay steep fines, and end up as a registered sex offender for life. Other types of sexual abuse (such as nonconsensual groping, oral, or other touching using threats, force, or harm) can also trigger a crossover cases between family and criminal courts.
The penal code further clarifies that community property cannot be used to assuage liability under these charges. So basically, even if your ex tries to bribe you, by offering a favorable property split in your divorce if you drop the charges, this wouldn’t eliminate whatever penalties are coming from the state in criminal court.
Child Abuse
Other common crossover cases involve children, where abuse, endangerment, neglect, and abandonment are most likely to surface. Typically, California courts do not look kindly on individuals who have committed these crimes, and can levy a sentence of up to six years in state prison, if convicted.
A person who has:
Intentionally hurt a child;
Leaving visible injury; whose actions were,
Outside normal disciplinary actions,
Would likely be guilty of child abuse. In California, spanking your child is legal, however since there’s a lot of interpretation involved in this, if your discipline has been called into question, it’s best to discuss options with your San Joaquin criminal defense lawyer as soon as possible.
Juvenile Criminal Cases
Because children haven’t yet reached the age of majority, most juvenile cases are handled outside the general criminal system reserved for adults. Baring unusual circumstances, juvenile crimes are treated more like civil offenses, or rather “family,” matters, and are exempt from the full force of California’s criminal code. In a juvenile criminal case, the parents are expected to appear in court with their child, and can even be fined on behalf of their child’s behavior.
For these reasons, many family law attorneys also cover a range of juvenile criminal cases.
False Allegations of Abuse
On the other hand, it’s possible you are on the receiving end of abuse allegations. California is a no-fault divorce state, meaning that fault (including abuse) cannot be factored into things like property division. However, that doesn’t mean it wouldn’t affect your divorce at all. Especially if children are involved.
In California, every decision involving a child is analyzed based on the best interest of the child. Naturally, placing a child with an abusive parent would not be in their best interest, and so, abuse allegations—even false ones—could certainly damage a potential custody and visitation schedule in your divorce.
Because the state takes child abuse so seriously, if your spouse has falsely accused you of abuse in order to influence a custody order, it’s critical you notify your San Joaquin criminal defense lawyer as soon as possible.
San Joaquin Criminal Defense Lawyers
While family and criminal law operate under two different systems, because of the emotionally charged nature of families, the two often go hand in hand. If your family law issue has turned ugly, and you believe you need the assistance of a San Joaquin criminal defense lawyer, we can help. Call us at (209) 989-4425, or get in touch online to schedule your consultation today. Most of the time, your situation can be handled in house by our competent team of experienced family law attorneys. However, if needed, we can refer your case to other, highly qualified criminal defense lawyers.
For those who have never attended court proceedings before, the prospect of “going to court” might be a little intimidating. After all, Hollywood certainly does a fine job of making it seem like an intense ordeal. However, before your imagination can start conjuring scenes from Law and Order, take a deep breath, and relax. In real life, “going to court” isn’t nearly as exciting—or stressful—as a day in the life of Jack McCoy. Especially for family law.
Still, it’s natural to have a lot of questions about what to expect. In this article, we’ll attempt to address some of those concerns, and give you an overview of what to expect when attending family court at the Stockton Superior Courthouse.
San Joaquin Courthouse Address
If you are getting a divorce in San Joaquin County, your paperwork will be filed through the Superior Court of California in downtown Stockton. This is also the place where all of your family court hearings will occur. The Stockton California Superior Courthouse is the tallest building in San Joaquin county, and, with a huge, glass façade that looks a bit like an inverse pyramid, it’s a pretty hard building to miss. The address is:
180 E. Weber Ave. Stockton, CA 95202
Trust us, you’ll know it when you see it.
San Joaquin Courthouse Parking and Transportation
Metered parking is available in front of the courthouse and along the surrounding streets. There are also several public parking garages in the immediate area, which charge hourly and only take cash. So, if you’re planning on using garage accommodations, make sure to plan accordingly.
If arriving via public transportation, the 23, 40, 44, and 51 bus lines all have routes that stop near the San Joaquin Superior Courthouse.
Inside the San Joaquin Superior Courthouse
As you step inside the main doors, you’ll be greeted with a giant map of the greater San Joaquin County area. A right will take you to a clerk area, where you can do simple tasks—such as pay a parking ticket—without having to go through a full weapons screening. If you take a left, you’ll find yourself in the building’s main lobby.
Unlike the dark, moody courthouses of Hollywood screen sets, the four-story glass atrium of the San Joaquin Superior Courthouse has an open, airy feel that the Law and Order set technicians wouldn’t know what to do with. Inside the atrium, you will find an information desk, with an attendant who can answer any questions you might have about your visit.
Choosing the Right Floor
All family court-related services are located on the fourth floor of the courthouse, so if that’s your destination, you do not need to check-in at the clerk area of the lobby. Instead, you may proceed directly up, via either the escalators—conveniently accessible right from the main lobby—or the elevators.
Screening
On the fourth floor, you will check-in, and be screened for weapons before being allowed into the courtroom. This is a safety measure meant to keep visitors and employees separate from the public, and to keep court proceedings as secure as possible. It may sound intense, but it’s not much different from an airport security line. For the screening, you will be asked for ID and will be required to walk through a metal detector. After that, you are free to locate your assigned courtroom.
Locating Your Courtroom
Calendar screens are available on each floor to help you find your assigned room and time. These monitors bear a striking resemblance to an airport’s arrival and departure board and are populated with lists of party names, departments, times, and case numbers for each particular room. Although your attorney will likely already have this schedule, it’s not uncommon for last-minute switches to occur, and these screens will help keep you apprised of both where the judge is at in your lineup, and of any changes that may have occurred.
When to Arrive
The San Joaquin Superior Courthouse website recommends that you arrive at least ten minutes early before your scheduled hearing.
Plan For a Wait
You should budget at least four hours for your hearing. This doesn’t necessarily mean it will take that long, but the court’s schedule is flexible, with sessions running from about 8:30 a.m. to 4:30 p.m. Although you’ll have a scheduled time slot within the day, these sessions often run long, and the judge isn’t always ready for you at your assigned time, often requiring you to wait it out.
Inside the Courtroom
With few exceptions, real-life courtrooms are nothing like the dark wood, moody spaces that Hollywood portrays. Even San Joaquin’s courthouse—which is state of the art, and could have been designed any number of ways—didn’t come equipped with Victorian-era woodwork and brass fixings. Instead, your courtroom at San Joaquin family court will look a lot like a cozy college classroom, lined with comfortable seating (or benches, depending on your assigned room), and a judge’s podium similar to the kind lectern you’d find a college professor tucked behind (complete with microphone).
How events proceed once you’re in the courtroom will depend a lot on why you’re there in the first place. Your family law attorney will prepare you for the specifics, but you likely won’t be bombarded with red-faced “Objections!”, gavel pounding, and bursts of outrage from the other side. This is because, unless you’re called as a witness, the attorneys are the ones doing all the talking. And since lawyers have to maintain a working relationship with each other long after your case is closed, they generally have a pretty mellow attitude toward one another. Most are respectful across the aisle, and some are even friends. So, your family law experience at Stockton’s Superior Court will most likely be pretty ordinary.
San Joaquin Family Court Attorneys
As you can see, “going to court” isn’t nearly as passionate as it’s played out on your favorite legal drama. While divorce and family law proceedings can definitely be stressful, court isn’t usually too traumatic. In general, the most drama you’re likely to encounter at San Joaquin’s Superior Courthouse is the glares passed your way from your soon-to-be-ex.
If you are dealing with divorce, or another family-related matter, and need family law attorney to represent you in California Superior Court, we may be able to help. Call us at (209) 989-4425, or get in touch online to schedule your consultation today, and let our team of experienced family court attorneys help your courthouse experience go as smoothly as possible.
There are two ways to end a marriage in the state of California: divorce and annulment. Most people don’t qualify for annulment (nor do they want one, because an annulment can seriously limit your ability to collect spousal support, tie your hands when it comes to dividing your property, and even make custody issues more difficult).
Whether you’re going to file or your spouse has already filed, your paperwork will be processed through the San Joaquin County court system.
Divorce in San Joaquin County
Because Stockton falls under the San Joaquin County court system, your attorney will file your divorce paperwork through the Superior Court of California in Stockton.
You don’t need to prove fault to divorce in California. You only need to have irreconcilable differences. Even if your spouse was unfaithful or did something terrible to end your marriage, you don’t need a specific reason to dissolve your marriage.
Legal Requirements for a San Joaquin County Divorce
You must have lived in California for the past 6 months, and you must have lived in San Joaquin County for at least the past 3 months if you intend to file for divorce here.
Child Custody and Child Support
When it comes to child custody, it’s in your best interest to collaborate with your spouse and work out an arrangement that’s beneficial to your whole family. (If you and your spouse can’t agree, the judge assigned to your case will have to decide. While the judge will be as fair as possible and consider the best interests of the child, only you and your spouse know what’s really right for your family.)
Child support in San Joaquin County is the same as it is in the rest of the state. The courts will evaluate the parents’ finances and the children’s needs in determining how much money will change hands.
Spousal Support
Both parties to the divorce have the right to ask for spousal support. The court can order either spouse to pay – even while the divorce action is pending. (Pending means that the divorce has been filed but not yet granted.)
Support can be temporary or long-term. The court will look at both parties’ financial circumstances, the standard of living the couple enjoyed, and several other factors when determining how much money to order.
Do You Need to Talk to a San Joaquin County Divorce Lawyer?
If you’re thinking about divorce, or if your spouse has already filed for divorce, we can help.
