Horowitz Law

Divorce Law: Protecting The Rights Of Children With The Guardian Ad Litem

The State of California has a substantial interest in protecting the rights of minors and incapable adults who have a vested interest in family assets or care-taking. The protection of the State may come in the form of a Guardian ad litem (GAL). The state courts may also empower a GAL for an unmindful and incapable adult, like an elderly person who is senile. These categories of people are unable to competently make choices that require what is deemed sufficient life experience, judgement and education. An adult who can no longer recall his daughter's name and a minor are both considered competent in this context. 

California Law On Spousal and Child Support

California Family Code Section 4336(a) says that where marriage is "of long duration," the court "retains jurisdiction." So what is long duration? How long does a couple need to be married for the court to award spousal support? What are the other factors affecting spousal awards? What, exactly, is "child support" anyway?

Subpoena

Anatomy Of A DUI Investigation

Driving Under The Influence (DUI) violations are taken very seriously in court. 

This presentation outline includes the range of charges, the definition of "under the influence", explanations regarding blood alcohol levels and more.

Your Social Media Profiles Could Be Fair Game In Custody Battles

A Westchester judge has allowed a dad to use his wife’s Facebook profile as a weapon in their custody battle, a groundbreaking ruling that could alter the way New York couples fight it out in court. Anthony DiMartino, 54, claims a review of his estranged wife’s Facebook page will prove she was frequently out of state while he was raising their now-4-year-old son. Although this judge is in New York, the implications are obvious for all us Social Media users...

Sexual Assault Of Minors In Rural Santa Barbara

They may not make the national news too frequently, but minors in rural areas are sexually assaulted – very often.

Federal and state legislatures have enacted laws designed to protect minors from registered sex offenders. Adopted in 1996, Megan’s Law created a nationwide sex offender registry. Every state followed suit.

Subpoena

A Introduction To California Courts

For the inexperienced, court systems are intimidating and difficult to understand. Whether you are involved in a criminal or a civil matter, knowing more about the court system in California is settling and a great confidence-builder. The more you know, the easier it is to understand what is happening and to anticipate what will happen next.

This primer Includes vocabulary, definitions, court  titles and roles, and details about specific types of law and cases, including civil law, criminal law, animal abuse, annulment, battery, burglary, child support, custody, dissolution, divorce, ex parte, kidnapping, murder, rape, restraining order, separation, stalking, and vandalism.

Wrongly Accused Of A Sex Crime?

Like all criminal cases, the burden of proof for a sex crime is on the government. No matter the circumstances or the persons involved, was the crime committed "beyond a reasonable doubt?" If you, a family member or loved one has been accused of a sex crime, here are some things you should know about charges of criminal sex crimes.

Subpoena

I Received A Subpoena- What Should I Do?

A Subpoena is a court order. By definition it is a writ issued by a court of justice requiring a person to appear before the court at a specified time. Any person who receives a Subpoena must go to court on the date and time shown on the subpoena. Here is some information for witnesses subpoenaed in criminal cases.