Law Offices of John A. Guthrie
925-271-4342
  • Home
  • About
  • Attorneys
  • Services
    • Divorce
      • High – Asset Divorce
      • Business Valuation and Division
      • Property Division
      • Spousal Support
      • Child Custody and Visitation
      • Child Support
      • Contested and Uncontested Divorce
    • Domestic Violence
      • Domestic Violence And Divorce
      • Domestic Violence Restraining Orders
    • Family Law
      • Paternity
      • Post – Judgment Modifications
    • Mediation Services
  • Articles
    • California Community Property Basics
    • Changing the Terms of Your California Divorce Decree
    • Getting a Divorce? Watch Out for Hidden Assets
    • Modifying Child Support Payments in Tough Economic Times
    • Modifying Parenting Plans an Ongoing Process in California
    • Financial considerations for divorcing baby boomers
    • Imputation of income: Best interests of child finding required
    • Want an amicable divorce? Consider divorce mediation
    • How to make an effective child custody agreement
  • Blog
  • Contact
Law Offices of John A. Guthrie
  • Home
  • About
  • Attorneys
  • Services
    • Divorce
      • High – Asset Divorce
      • Business Valuation and Division
      • Property Division
      • Spousal Support
      • Child Custody and Visitation
      • Child Support
      • Contested and Uncontested Divorce
    • Domestic Violence
      • Domestic Violence And Divorce
      • Domestic Violence Restraining Orders
    • Family Law
      • Paternity
      • Post – Judgment Modifications
    • Mediation Services
  • Articles
    • California Community Property Basics
    • Changing the Terms of Your California Divorce Decree
    • Getting a Divorce? Watch Out for Hidden Assets
    • Modifying Child Support Payments in Tough Economic Times
    • Modifying Parenting Plans an Ongoing Process in California
    • Financial considerations for divorcing baby boomers
    • Imputation of income: Best interests of child finding required
    • Want an amicable divorce? Consider divorce mediation
    • How to make an effective child custody agreement
  • Blog
  • Contact
 925-271-4342

Comprehensive Solutions to Difficult Family Law Issues

  1. Home
  2.  – 
  3. Domestic Violence
  4.  – 
  5. Appellate judges rule against California man over domestic issue

Appellate judges rule against California man over domestic issue

On Behalf of Law Offices of John A. Guthrie | Dec 19, 2013 | Domestic Violence

In November we discussed the issue of communication in divorce. It may not come as a surprise to many in the Bay Area that disputes between spouses are not uncommon when a marriage breaks down. In some instances, a dispute may lead to domestic violence allegations. Husbands and wives alike may be accused of domestic violence in California, and the accusations can have consequences in a divorce proceeding, criminal court and in other areas beyond the immediate circumstances.

A man from Southern California was convicted in 1996 of domestic violence. The alleged victim was not his wife at the time—the man and woman in the domestic violence case were boyfriend and girlfriend. But, a California misdemeanor domestic violence conviction was entered on the man’s record.

Federal law prohibits anyone who has been convicted of domestic violence—even a misdemeanor conviction under state law—from possessing a gun. In 2010, the man was prosecuted in federal court for unlawfully possessing guns.

The man appealed the 2010 conviction, arguing that the lifetime ban on gun possession based upon the domestic violence record violated his constitutional right to bear arms. The U.S. Court of Appeals for the Ninth Circuit, which is chambered in San Francisco, rejected the man’s argument in November. The judges reasoned that Supreme Court precedent on the Second Amendment right to bear arms says that the right is not absolute.

Misdemeanor domestic violence issues can have a wide variety of consequences that can arise outside of criminal court proceedings. Domestic abuse can affect child custody issues in family court. The court of public opinion could kick in, leading to consequences outside of the courthouse—these consequences could arise in social circles, as well as in the workplace.

Source: KTVU San Francisco, “Court upholds law barring domestic violence offenders from owning guns,” Nov. 19, 2013

Categories

Archives

Recent Posts

  • What can you do if you’re accused of domestic violence?
  • How is business valuation handled in divorce?
  • How does remarriage affect spousal support obligations?
  • How do holidays impact child custody arrangements?
  • How does a prenuptial agreement affect divorce in California?

Arrange A Consultation Today

Law Offices of John A. Guthrie
Pleasanton

239 Main Street
Suite H
Pleasanton, CA 94566

  Pleasanton Law Office
Danville

4115 Blackhawk Plaza Circle
Suite 100
Danville, CA 94506

  Danville Law Office
Phone Number
925-271-4342
  • Follow
  • Follow

© 2026 Law Offices of John A. Guthrie • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

Review Us