Category: Family Law

Hollywood Domestic Violence Suspicions Land “Soul Train” Producer in Jail

Hollywood Producer Arrested on Suspicion of Domestic Violence

Former host of television show “Soul Train,” Don Cornelius, was arrested on suspicion of domestic violence at his Hollywood Hills home on October 18, 2008, according to a CNNreport. Police were called to the 72-year-old producer’s home after someone called to report a domestic dispute. Cornelius was arrested and booked for investigation of a felony domestic violence. It is not clear who Cornelius assaulted or injured, officials said.

California Penal Code defines abuse as “intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent, serious bodily injury to himself, herself or another.” Domestic violence usually refers to violence that occurs between spouses, partners, ex-partners or spouses, children, individuals who are involved in a dating relationship or elder abuse.

An incident does not necessarily have to occur in a home for it to be considered domestic violence in California. It can occur inside a vehicle, at a bar or restaurant, at work, over the phone or even on the Internet. Many don’t realize that there is no need for physical evidence of abuse for someone to be charged with domestic violence. Abuse can be of different types – verbal, emotional and even psychological.

The consequences of a domestic violence conviction can be very serious. If you or someone you know has been accused of domestic violence, please call a Los Angeles domestic violence attorney at the Law Office of Lawrence Wolf to get the counsel and guidance you need at this time to protect your rights and freedom.

California Family Court Has No Duty to Warn Against Perjury

The situation often arises where an attorney has a client in a spousal or child support hearing who is called to testify as a witness regarding their ability to pay their wages in substantiation of support payments. Recent cases have shown that it is prudent to advise one’s client of his rights against compelled self-incrimination, as established by the Fifth Amendment and the ramifications of perjury because the family court has no legal obligation to issue such warnings during the proceedings.

Authority was established in People v. Berry, C.A. 4th No. D0114717 (91 Daily Journal D.A.R. 6604), where it was held that a family court does not need to inform a parent in family court of his Miranda rights before testifying.

In that case, the father, Michael Berry, was in a child support modification proceeding where his payment was reduced and set to be taken from his wages. At a later hearing, he testified under oath that the money was being taken from his pay although the County had no record of receiving it.

When testimony showed that those statements were false, he was subsequently tried and convicted for perjury. He appealed claiming that his appearance on an “Order to Show Cause” created a duty on the part of the court to advise him of his Fifth Amendment rights before he testified. He contended that since any testimony that showed noncompliance with the original order might subject him to contempt proceedings, the family court review hearing should be considered the equivalent of a criminal matter.

However, since there were no circumstances present that would have indicated to a judge that Berry was giving anything but truthful testimony, it was held that the court was under no duty to advise Berry of his Fifth Amendment rights.