ORANGE COUNTY'S

Family Law & Criminal Defense Attorney

LAWYER JEFFREY N. STIVERS

California State Bar, Federal Central District Court of California, Federal Northern District of California, Federal Southern District of California, Court of Appeals

CPS destroys families over Medical Marijuana

From Steven Greenhut:

Robert Wexler of the National Coalition for Child Protection Reform sent along this bone-chilling story about child protective services workers breaking up a family because the father operated a medical marijuana dispensary in Corona. Apparently, the “family values” drug-warriors who support these policies don’t mind the destruction to individual families from overzealous government enforcement. By the way, state law allows Medical Marijuana, even though the feds contend otherwise.

Here’s an article from the Drug War Chronicle:

Drug War Chronicle

Feature: Can Medical Marijuana Cost You Your Kid? In California, It Can

Ronnie Naulls never saw it coming. The church-going businessman, husband, and father of three young girls knew he was taking a risk when he opened a medical marijuana dispensary in Corona, a suburban community in the high desert of Riverside County east of Los Angeles.

Although he had played by the rules, obeyed all state laws, and successfully battled the city in court to stay open, Naulls knew there was a chance of trouble with law enforcement. He knew there was a chance of the federal DEA coming down on him, as it has done with at least 40 other dispensaries this year alone.

Naulls family (courtesy green-aid.com)But when they did come down on him, it was far worse than he ever imagined. At 6:00am on July 17, the quiet of Naulls’ suburban neighborhood was disrupted by the whir of hovering helicopters as heavily armed DEA agents stormed his home and collective. They seized cash and marijuana, they seized his property, they seized his personal and business bank accounts. They arrested him on federal marijuana charges.

But that wasn’t enough for the DEA. The raiders also called Child Protective Services (CPS). With Naulls already hustled off to jail, his wife sitting handcuffed in a police car, and his home in a shambles after being tossed by the DEA, CPS social workers said his three children were endangered and seized them. Naulls and his wife were also charged with felony child endangerment.

The three girls — ages 1, 3, and 5 — were held in protective foster care, with Naulls and his wife only able to see them during a one-hour supervised visit a week. “My oldest girl thought she was being punished for doing something wrong,” he said. “When we went to visit her, she said, ‘Daddy, we’re ready to come home now, we promise to be good.’”

But the Naulls couldn’t tell their children the only thing that would comfort them — that they would be coming home soon. That would violate CPS regulations because it might not be true. In fact, it took five weeks of hearings and heartache before a family court judge decided the children would indeed be safe with their parents. But the child endangerment charges still stand.

“I was numb, totally flabbergasted, outraged, and left speechless,” said Naulls. “They told my wife we were endangering the kids because of the medicine we had in the house, but we only had some in a refrigerator in the garage that has an alarmed door and my own medicine in a locked container in my office — the DEA broke that lock. Would they treat us that way if it had been prescription Xanax?”

The DEA was not apologetic about its handiwork. A DEA spokesman confirmed that its people had called CPS. “Any time we do an operation where children are present, we have a responsibility to call CPS,” said Special Agent Jose Martinez. “But we don’t make the decision about whether the children are endangered.”

While it would not discuss particulars of the Naulls case, the Children’s Services Division of the Riverside County Department of Public Social Services, of which CPS is a part, denies that medical marijuana use or presence is a reason for removal of children on the filing of endangerment charges.

“Drugs alone does not constitute a reason for removal,” said Susan Lowe, director of the division. “More relevantly, the issue of medical marijuana does not constitute a reason for us to remove children. There have to be other issues present that indicate neglect or abuse.”

That claim brought a sharp response from Oakland-based attorney James Anthony, who represented Naulls on land use issues related to his dispensary. While he supported Lowe’s statement of the Riverside County CPS policy, he said it didn’t reflect reality in the county.

“As a medical cannabis activist attorney and friend of the Naulls family, I would say that is very good news and seems to reflect a change of position — or a position held at the top that has not filtered down yet to the working staff of CPS,” said Anthony. “Riverside County CPS has an alarming reputation as quick to take children out of medical cannabis households and to press endangerment charges,” he said. “The position the director laid out is exactly as it should be: medical cannabis is no more relevant to the best interests of children than any prescription drug — the California Supreme Court said as much when it said that medical cannabis is as legal as any prescription drug,” Anthony pointed out.

“In the Naulls case,” Anthony continued, “what does the agency allege is the ‘neglect or abuse’? Two loving parents? A nice middle-class home? Parents who care enough to avail themselves of legal, harmless, medicine to keep themselves well? The only abuse I’m aware of at the Naulls home was the abuse done by federal law enforcement when they invaded that home without warning and heavily armed — terrorizing those poor children for no reason at all. The DEA could have called me and I would have advised my client to turn himself in — it’s not like he was hiding. If CPS wants to charge someone with child abuse, they should start with the DEA. Under their own standards as described here, there is no basis to prosecute Anisha Naulls for anything.”

If there is any child abuse involved, it is coming from the state, agreed Richard Wexler, executive director of the National Coalition for Child Protection Reform, a group concerned with abuses of the child protection system.

“What has been done to these children is government-sanctioned child abuse,” Wexler said. “Whether one believes what Mr. Naulls did is legal or not, there is not a shred of evidence that running a medical marijuana co-op harms children — and overwhelming evidence that foster care does children enormous harm,” he said.

“The act of removal from everyone loving and familiar can traumatize a child for life, and the younger the child, the greater the likelihood for such harm,” Wexler continued. “For a young enough child it’s an experience akin to a kidnapping. Children often believe that they have done something terribly wrong and now they are being punished. That’s reflected in one child telling her father ‘Daddy, we’re ready to come home now; we promise to be good.’ All that harm occurs even when the foster home is a good one. The majority are. But several studies suggest that at least one in three foster children is abused in foster care. So these children have gone from a situation where they clearly were not abused, into foster care, where the odds are at least one in three that they will be abused,” Wexler said.

“I warn all my dispensary clients that the federal government will try to capture and imprison you, but it hadn’t occurred to me that the government will also kidnap your children,” said Anthony. “It’s just unbelievable, barbaric.”

Anthony also works with Green Aid, a group originally set up to support Ed Rosenthal’s legal battles with the feds in Northern California. Green Aid has set up a Naulls Family Defense Fund to aid the now impoverished family in its effort to stay together and out of prison.

Sadly, the Naulls are not alone. Veteran activists say child removals by CPS or the loss of custody battles in California family courts because of medical marijuana are not uncommon and becoming more frequent.

“Medical cannabis patients and providers getting their kids taken away is, unfortunately not new,” said Angel McLary Raich, who won the first medical cannabis custody case in California in the wake of Proposition 215. Despite a variety of debilitating and life-threatening conditions, Raich and her patient outreach group Angel Wings, have since become a resource for other medical cannabis community members facing either the child protection bureaucracy or the vicissitudes of family court in child custody cases.

Raich, who is probably best known as the plaintiff in the Supreme Court’s medical marijuana case, Raich v. Ashcroft, said involvement with medical cannabis as a factor in either child custody or abuse or endangerment cases is a recurring problem. “I know of many cases where the kids have been taken away permanently, others where they have to have supervised visitation.”

“We think this kind of thing is horrible,” said Noah Mamber, legal coordinator for Americans for Safe Access (ASA), the medical marijuana defense group. “Even as we are making progress on the criminal front, with the cops becoming better educated, as well as other areas like employment and housing, as the legal intake person for ASA I find myself taking many, many calls where medical cannabis is an issue for CPS or in family court. I’ve probably had 30 or 40 in the last couple of years, and those are just the people who call us.”

That means there is work to do, activists said. Some are undertaking an educational process with the family courts and CPS, while others are looking to the legislature for relief.

“No one seems to understand medical marijuana in this context,” said Mamberg. “There seems to be an unfortunate bias in CPS workers and family court judges. There are cases where there are no other issues except medical marijuana, and they will force them to quit taking their medicine if they want their kids. It is absolutely true that there are cases where patient parents are being treated unfairly by CPS and the family court system.”

“An educational process for the courts and agencies is definitely needed,” said Anthony. “They can act with the best of intentions, yet wield an incredibly devastating impact on families because of their lack of knowledge.”

Raich pioneered such educational work in Alameda County. The work continues, she said. “I’m working on training law enforcement and dealing with CPS and family court,” she said. “That’s my real passion. I cannot tolerate watching other people lose their kids over this stuff. It is just so wrong.”

If anyone is having problems with CPS or family court over medical marijuana issues, call her, Raich said. Her number is in the Oakland phone book and contact information is on her web site.

ASA is working to even the playing field for patients through legislative action, Mamberg said. “As it is now, family courts and CPS don’t seem to be aware of Prop. 215 and Senate Bill 420, so we need legislation to guide them. We have drafted a bill that would amend the child protection law so that the medical marijuana status of a parent cannot be the sole basis for removal of a child,” he explained. “They need to quit forcing patients to stop taking their medicine. This measure won’t stop CPS from doing its job, but it will stop it from persecuting medical marijuana patients.”

All that is going to take time. In the meantime, said Raich, medical marijuana patients or providers with children need to play it extremely safe. “Make sure you’re being a good parent,” she said. “Make sure your cannabis is out of reach of the children, make sure your house is clean, there are no hazards, always plenty of milk and formula on hand. Don’t grow in the house, don’t dry in the house, don’t have more pot than food in the refrigerator. Take a parenting class. Know what you need to do. And if the cops come to the door, don’t let them in without a warrant.”

ORANGE COUNTY'S LEADING #1 FAMILY LAW ATTORNEY

Attorney Stivers is concerned, commitment, and experienced in his practice of defending criminal law cases and fighting for the rights of the innocent. If you are the victim of police aggression, DEA, unlawful search and seisure, a wrongful arrest, or any assult on your God given Constitutional rights, you need to call my office now!

Attorney Stivers specializes in family law, child custody, and legal separation. He is readily available to his clients and supporting to them through their troubling time. Attorney Stivers has rightfully earned the respect of Prosecuters and Judges because he is not afraid to challenge them on any issue.

Attorney Stivers handles the following types of family law cases:

Family Law –Divorce, Annulments Legal Separation, Paternity, Child Custody, Child Support, Spousal Support (Alimony), Property Division, Enforcement of Judgment, Restraining Orders, Grandparent Visitation, Legal Counseling, Consultations.

The Law Offices of Jeffrey N. Stivers, is located in Laguna Niguel, in Orange County California, and is dedicated to serving the needs and protecting the rights of his clients.

Jeffery N. Stivers represents clients in California as a criminal defense attorney and an authority on marijuana laws. Based in Orange County, Attorney Stivers serves the areas of Laguna Beach, Huntington Beach, Irvine, Lake Forest, El Toro, Tustin, Anaheim, Orange, San Clemente, Dana Point & Newport Beach.

The Law Offices of Jeffrey N. Stivers handles all Misdemeanor and Felony matters, as well as all Family Law and Criminal Defense cases.

Attorney Stivers is available to you 24 hours a day.

CALL (949) 364-1199

REFERENCES

Dear Mr Stivers,

I would like to sincerely thank you for all your hard work, hours of research and true care and concern for the outcome of my case. You were honest and always there when I needed to talk to you.

Marla Parks

Dear Jeff,

There is no way I can sufficiently express my gratitude to you for the passion, integrity, and resourcefulness that you put fourth in the legal representation of my son John. You were always positive and encouraging, you knew the situation inside out, you were a strong fighter the whole way, and you won the victory we were all so deeply hoping.

For more references please Click Here to download .PDF

ORANGE COUNTY'S LEADING #1 FAMILY LAW ATTORNEY

Attorney Stivers is concerned, commitment, and experienced in his practice of defending criminal cases and fighting for the rights of the innocent. If you are the victim of police aggression, DEA, unlawful search and seisure, a drug raid, or any assult on your Constitutional rights, you need to call my office now!

Attorney Stivers specializes in family law, child custody, and legal separation. He is readily available to his clients and supporting to them through their troubling time. Attorney Stivers has rightfully earned the respect of Prosecuters and Judges because he is not afraid to challenge them on any issue.

Attorney Stivers handles the following types of family law cases:

Family Law –Divorce, Annulments Legal Separation, Paternity, Child Custody, Child Support, Spousal Support (Alimony), Property Division, Enforcement of Judgment, Restraining Orders, Grandparent Visitation, Legal Counseling, Consultations.

The Law Offices of Jeffrey N. Stivers, is located in Laguna Niguel, in Orange County California, and is dedicated to serving the needs and protecting the rights of his clients.

Jeffery N. Stivers represents clients in California as a criminal defense attorney and an authority on marijuana laws. Based in Orange County, Attorney Stivers serves the areas of Laguna Beach, Huntington Beach, Irvine, Lake Forest, Tustin, Anaheim, Orange, San Clemente, & Newport Beach.

The Law Offices of Jeffrey N. Stivers handles all Misdemeanor and Felony matters, as well as all Family Law matters.

Attorney Stivers is available to you 24 hours a day.

CALL (949) 364-1199

FAMILY LAW

*Divorce
*Child Custody/Modificatons/Defense Against Modifications
*Child Support
*Child Support Modification
*Domestic Violence
*Restraining Orders
*Annulments
*Peaceful Divorce

Introduction to Divorce:

Dissolving ones marriage is a very complicated and painful process. Here you will find information about the dissolution of marriage, commonly called "divorce". You will also find information on the grounds for divorce, and how issues such as spousal and child support are decided in California.

Note: You can also find very useful information relating to family law by going to the links section and clicking on Orange County Courts. Once on the OC court website, click on family law and forms and explore.

GROUNDS FOR DIVORCE:

In California, there are only two grounds for divorce, "irreconcilable differences" and "incurable insanity". "irreconcilable differences" is almost always declared by both parties (Petitioner and Respondent).This means the marriage must have broken with no means to reslove the issues that are driving it apart. Fault does not play a role in California. That is why California is considered a "no fault state".

UNCONTESTED DIVORCE:

The majority of marriage cases are settled partially by court order and partially by settlement, although a case may be resolved completely by negotiation and settlement. In this circumstance the parties submit a Judgement to the court with a declaration under Family Code Section 2336. The parties do not need to appear in court. A Lawyer's role here is crucial. He/She will stucture the agreement and prepare the terms of the agreement. The parties want to include every item of property they own, as well as all debts. As far as the children go, the agreement needs to specify every minute detail one can think of, from holiday schedules, to extracurricular activities, to going to the doctor, etc. Mr. Stivers has sample agreements you can peruse and use as an example to spark the mind in coming up with your own marital settlement agreement.

CONTESTED DIVORCE:

Many times there are issues in divorce that need to be contested. In this case the parties will most likely present arguments to the court at different stages in the case. Common areas of dissagreement are custody, visitation, child and spousal support.

Child support issues are generally resolved using a computer software program called "Dissomaster", this program calculates a formula, and comes up with the amount of support that should be paid.

Child Cusody issues are generally resolved under the standard "what's in the best interest of the child". This will lead to evidence being presented from both sides demonstrating why one is not a fit parent. This is where the proceedings can get very emotional.

Family Law can be a very emotional area. Having a strong attorney who can relay your feelings to the court is very important. Also, having an attorney who understands how important your child/children are to you makes this very difficult time a little easier. Attorney Stivers prides himself on putting the children first and tailoring an agreement or ruling that is going to maximize the child and parents happiness and well being.

DOMESTIC VIOLENCE IN DIVORCE:

Abuse, as defined in the Family Code is; intentionally or recklessley causing or attempting to cause bodily injury, sexual assault, or placing a person in reasonable apprehension or imminent serious bodily injury, to that person or another, as well as engaging in behavior that could be enjoined under Family Code 6320. That being said, in certain abusive situations , a party may seek restraing orders. The court may make specific orders such as "no-contact" orders or "stay-away" orders. These orders are enforced vigorously by the local sheriff's department or police department.]

Attorney Stivers can pursue a domestic violence restraining order for you or your family. Attorney Stivers can also defend against one. If you have been served with a domestic violence restraining order, call Attorney Stivers immediately at 949-364-1199 to avoid waiving any of your rights.

COMMUNITY PROPERTY:

Property acquired by a married person during the marriage and before seperation is presumed community property. This property will have to be split 50/50. Some exceptions to this rule are property that is owned before the marriage, property that is acquired by gift, bequest, devise, or descent, and rents. Also, do not forget that all debts acquired during marriage are also community property. All the debts acquired during the marriage, no matter, whose name is on the debt, are held jointly by both parties and must be jointly paid off. This is true even if only one spouse acquired this debt solely in their name. It doesn't matter, both of you are liable. You can still decide to settle your property and debts and form what we call an "equitable distribution of your assets and debts". Perhaps your spouse gets to keep an item of property, as long as they pay of the debt, etc.

CHILD SUPPORT MODIFICATIONS:

You just lost your job and now may be paying too much child support, or perhaps, your ex-spouse just landed a new job and now is paying too little. Whatever the case, we can help you to get the legal support that you deserve. Call us at 949-364-1199 and we can tell you what you should be paying or what you should be paid.

CHILD CUSTODY MODIFICATIONS:

If you have had enough and now is time to change, contact us and we can help. Attorney Stivers prides himself on identifying the problems with the shared custody relationship and tailoring solutions to meet those problems. Call us at 949-364-1199 and Attorney Stivers would be happy to go over your unique custodial situation and come up with solutions to help you and your child, with or without court involvement.

SPOUSAL SUPORT: (Alimony)

In the past been known as "alimony". Spousal support is not mandatory in most states. However, if the circumstances are such that a spouse will face hardships if he or she does not receive financial support after the divorce, than spousal support should be considered.

ANNULMENT:

Is a legal procedure for declaring a marriage null and void. Annulment differs from divorce where the court ends an otherwise legal marriage on a specific date.

LEGAL SEPARATION:

is a possible step towards divorce under United States law. A couple are legally separated if they have successfully petitioned a court to recognize their separation; simply living apart does not constitute separation for these purposes. A period of legal separation constitutes grounds for divorce; the length of that period varies from state to state.

Legal separation does not automatically lead to divorce. The couple may reconcile, in which case they need do nothing in order to remain married. If they do not reconcile, and wish to divorce after the statutory time period, they must file for divorce explicitly. # Property Settlement - Community Property and Separate Property - California, is a community property state. This means that both the husband and wife are deemed to equally own all money earned by either one of them from the beginning of the marriage until the date of separation.

PREMARITAL AGREEMENTS:

Pre-Marital Agreements (also called "pre-nuptial" or "ante-nuptial agreements") are binding legal contracts between you and the one you intend to marry.

Among the purposes people have in wanting such written agreements is to try to ensure that their assets remain theirs if the marriage fails, to provide that their assets, or at least a large portion of them, go to their children in the event of death, and to work out arrangements for matters that may become problems after the marriage. For some, it is a smart and practical way to acknowledge the fact that nearly half of all marriages end in divorce.

RESTRAINING ORDERS:

An order from a court directing one person not to do something, such as make contact with another person, enter the family home or remove a child from the state. Restraining orders are typically issued in cases in which spousal abuse or stalking is feared -- or has occurred -- in an attempt to ensure the victim's safety. Restraining orders are also commonly issued to cool down ugly disputes between neighbors.

CHILD DEPENDENCY:

Child Dependency matters are cases, in which, children can be removed from the home and placed in foster care for a variety of reasons. This can be caused by allegations such as child abuse, drug abuse, child neglect, or child endangerment. Social Services is usually involved, and the goal of these proceedings is to re-unite the children back with their parents. This can usually be accomplished with changes in the home environment. Mr. Stivers will help you accomplish what is necessary to get your children back.

If you have a dependency matter, please call Attorney Stivers immediately to secure you and your children's rights.

Attorney Stivers handles the following areas of Family Law:

*Divorce
*Child Custody/Modificatons/Defense Against Modifications
*Child Support
*Child Support Modification
*Domestic Violence
*Restraining Orders
*Annulments
*Peaceful Divorce

We also handle Child Dependency Cases. Please call (949) 364-1199 to inquire.

ORANGE COUNTY'S LEADING #1 FAMILY LAW ATTORNEY

Attorney Stivers is concerned, commitment, and experienced in his practice of defending criminal cases and fighting for the rights of the innocent. If you are the victim of police aggression, DEA, unlawful search and seisure, a drug raid, or any assult on your Constitutional rights, you need to call my office now!

Attorney Stivers specializes in family law, child custody, and legal separation. He is readily available to his clients and supporting to them through their troubling time. Attorney Stivers has rightfully earned the respect of Prosecuters and Judges because he is not afraid to challenge them on any issue.

Attorney Stivers handles the following types of family law cases:

Family Law –Divorce, Annulments Legal Separation, Paternity, Child Custody, Child Support, Spousal Support (Alimony), Property Division, Enforcement of Judgment, Restraining Orders, Grandparent Visitation, Legal Counseling, Consultations.

The Law Offices of Jeffrey N. Stivers, is located in Laguna Niguel, in Orange County California, and is dedicated to serving the needs and protecting the rights of his clients.

Jeffery N. Stivers represents clients in California as a criminal defense attorney and an authority on marijuana laws. Based in Orange County, Attorney Stivers serves the areas of Laguna Beach, Huntington Beach, Irvine, Lake Forest, Tustin, Anaheim, Orange, San Clemente, & Newport Beach.

The Law Offices of Jeffrey N. Stivers handles all Misdemeanor and Felony matters, as well as all Family Law and Domestic matters.

Attorney Stivers is available to you 24 hours a day.

FAMILY LAW

Family law is the name given to the branch of civil law that a family lawyer or a family attorney covers including the legal relationships among family members, including husbands, wives, parents, children, and domestic partners. A family law attorney or a family law lawyer specializes in the family law relationships which encompass adoption, child custody, visitation rights, domestic violence, divorce, juvenile dependency and delinquency, marital property rights, support obligations, and paternity. Because these personal relationships are governed by state law, what constitutes "family law" may vary from state to state.

Family Attorney, Divorce Lawyer, Criminal Defense Attorney, Medical Marijuana Lawyer, Case