Penal Code 278.5 PC | Deprivation of Child Custody or Visitation

Penal Code 278.5 PC – Deprivation of Child Custody or Visitation

Child custody and visitation issues can be really complicated and emotional. As a parent, you want to spend time with your kids. But sometimes relationships break down and the other parent doesn’t want you to see them. This can lead to a lot of frustration and bad decisions.

In California, it’s against the law to deprive someone else of their lawful child custody or visitation rights. This crime is called “deprivation of child custody or visitation” and it’s charged under Penal Code 278.5 PC. If you’re dealing with custody issues, it’s important to understand this law so you don’t get yourself in legal trouble.

What is Deprivation of Child Custody or Visitation?

Under PC 278.5, it’s illegal to intentionally deprive someone of their right to physical custody or visitation with their child. To be guilty of this crime, you must:

• Maliciously take, detain, entice away, keep, or conceal a child from someone who has lawful custody or visitation
• Deprive that person of their right to custody or visitation
• Act without lawful justification

This crime applies to parents, grandparents, and anyone else with legal custody or visitation rights. It doesn’t matter if you have joint custody – you can still be charged with this offense for depriving the other parent of their rights.

What Does “Maliciously” Mean?

For this crime, “maliciously” means you intended to deprive the other person of their rights. It doesn’t necessarily mean you acted out of spite, meanness, or ill will. You just have to willfully and deliberately keep the child from the other parent or guardian.

Examples of Unlawful Deprivation of Custody

Some examples of illegally depriving someone of child custody or visitation include:

• Refusing to turn over the child to the other parent during their allotted time
• Moving away with the child without telling the other parent
• Not showing up for custody exchanges
• Not allowing phone calls or video chats during the other parent’s time
• Lying to the child to make them not want to see the other parent
• Not following the court-ordered custody agreement

Defenses to Penal Code 278.5 Charges

There are some legal defenses that could get PC 278.5 charges reduced or dismissed. Here are some common defenses:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

• No malicious intent – If you didn’t deliberately try to deprive custody or visitation rights, you aren’t guilty of this crime.
• False accusations – Sometimes angry ex-spouses falsely accuse each other of this crime.
• Self-defense – You can legally use reasonable force to protect yourself or your child from harm.
• Necessity – In an emergency, you may have needed to violate a court order to protect your child.
• No court order – If there’s no formal custody agreement, this law may not apply.

Penalties for Violating Penal Code 278.5

Deprivation of child custody or visitation is a wobbler offense in California. This means it can be charged as either a misdemeanor or a felony. The potential penalties include:

• Misdemeanor – Up to 1 year in county jail, a fine up to $1,000, or both.
• Felony – 16 months, 2 years, or 3 years in state prison, a fine up to $10,000, or both.

If this is your first offense, the prosecutor will probably file misdemeanor charges. But if you have a prior criminal record, they are more likely to charge it as a felony.

How Can I Fight PC 278.5 Charges?

Getting arrested for this crime can be scary. But an experienced California criminal defense lawyer can help. They will thoroughly investigate your case and check for any illegal conduct by police. Often times they can get charges reduced or dismissed through:

• Negotiating with the prosecutor
• Challenging evidence
• Presenting affirmative defenses
• Seeking alternative resolutions

Instead of jail time, many first-time offenders can get probation, community service, parenting classes, or other alternatives. But you need an assertive legal advocate on your side.

How Can I Avoid Deprivation of Custody Charges?

The best way to avoid deprivation of custody charges is to follow your court-ordered custody agreement. If you and the other parent are having disputes, try mediation or request the court to modify the orders. Never take matters into your own hands by denying the other parent’s rights.

If the other parent is violating the agreement or endangering your child, speak to your attorney right away. They can file an emergency order if needed. But be patient and let the court process handle custody issues.

Going through a separation is hard enough without criminal charges making it worse. Speak to a qualified family law attorney if you need help with custody agreements. They can advise you on the best path forward for your situation.

With some cooperation and legal help, you and your ex can hopefully work out a peaceful solution. Your kids need both parents in their lives.

Get Legal Help Fighting Penal Code 278.5 Charges

Being arrested for depriving child custody or visitation rights can ruin your reputation and relationship with your kids. But experienced criminal defense lawyers can help. They will thoroughly examine your case and build the strongest defense to achieve the best possible outcome.

Don’t leave your fate in the hands of the public defender. Hire a private attorney who gives personal attention to each client. Take advantage of a free case evaluation to discuss your options.

With an aggressive legal defense, many people avoid jail time and felony convictions for PC 278.5 violations. But you need to act fast to protect your rights and future.

Sources:

• Penal Code 278.5 PC – California Legislative Information
• Penal Code 278.5 PC – Shouse California Law Group
• CALCRIM No. 2746 – Justia