Section 197 through 199 of the California Penal Code outlines the state's self-defense laws. The term used in the penal codes is justifiable homicide. Under Chapter 1, Homicide, there are sections on excusable homicides, or accidents, justifiable homicide by peace...
Garber & Garber Law Blog
Do children pay the price in a divorce?
When parents in California go through a divorce, they often tell their children they will one day understand why things have changed. Unfortunately, this type of platitude fails to consider a child’s feelings. In some divorces, children end up paying a hidden price....
Applying the Sudden Emergency Doctrine in California
California’s Sudden Emergency Doctrine, often called the doctrine of imminent peril, can be used by defendants to delay court actions through processes and motions. It can also be used by those trying to prevent unfair findings of comparative negligence. In order to...
Successfully co-parenting post-divorce
It can be challenging to share parenting duties when you and your spouse divorce. Whether you and your ex were involved in a high-conflict relationship or not, having to continue making joint decisions and cooperating with the person you are no longer romantically...
Making co-parenting work with different parenting styles
There are a lot of challenges California residents face when going through a divorce. Learning to co-parent can be one of their biggest challenges if children are involved. Thankfully, parents can take steps to work together and raise their children successfully. Talk...
Learning to recognize a predator’s actions
In California, having heated arguments with your partner does not always mean things become violent. However, some partners might not be violent but have other unacceptable, even predatory, behaviors. Predatory behavior can include covert actions like stalking or...
What you should know about postnuptial agreements
Postnuptial agreements are contracts that couples sign after they have gotten married. Similar to prenuptial agreements, couples seek to clarify how their financial situation would be defined if the marriage fails or if one spouse dies. The basics of such an agreement...
Common defenses raised against criminal charges
If you are charged with a criminal offense by California authorities, the law presumes that you are innocent until proven guilty. To obtain a conviction, it must be shown beyond a reasonable doubt that you violated state law. There are several defenses that you may...
Inflation may have unexpected consequences in a divorce
People in California are feeling the effects of inflation across all types of goods and services. Many are surprised, though, to learn how declining purchasing power can impact a divorce. High rates of inflation might change the way couples plan for divorce; the...
Understanding California’s temporary orders in family court
In California, temporary orders are court orders issued temporarily, typically while a family law case is ongoing. These orders can address various issues, including child custody, support, and property division. Why are temporary orders issued? Temporary orders are...
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