Case Studies

Actual Cases from the Law Office of David P. Schwarz

The Law Office of David P. Schwarz offers a combination of smart strategy, assertive advocacy, and caring client service. With two decades of legal practice experience both as a Los Angeles family law attorney and as counsel to those facing criminal accusations, we have helped hundreds of people through some of their toughest times. This page offers a look at selected case studies that give you an insight into our attention to detail, legal savvy, and the results we produce for our individual and family clients in Costa Mesa, Orange County, and cities across Southern California.

Divorce With Business Interests: Protecting Assets and Winning Custody

Our client, a successful entrepreneur, faced a fiercely contested divorce involving divisible assets worth tens of millions of dollars and equally contentious child-related issues. The adversary sought to systematically divide our client’s business interests and secure primary care of the parties’ two minor children.

Our Strategy: We identified and worked with forensic accountants and business valuation experts to properly value the business and disentangle commingled marital and non-marital assets. At the same time, we partnered with child psychologists to craft a custody arrangement tailored to the children’s best interests, anchored by evidence of our client’s dedicated involvement in their lives.

The Result: Through negotiation, and after an acrimonious trial, we achieved a favorable equitable division that left our client in control of the business, provided for periodic spousal support payments, secured a joint legal responsibility arrangement and established residential custody for the parties’ minor children. Our client’s financial future – including parental rights – were protected. Every bit of it made possible through careful planning and zealous advocacy.

Domestic Violence Defense: Proving That An Accused Client Was Innocent

A father of two was served with a temporary restraining order based upon a claim of domestic violence during a contentious separation from his wife. The allegations were disrupting his relationship with his children and threatening his job.

Our Strategy: We acted swiftly to obtain text messages, emails, and written statements from third-parties that rebutted these allegations. We also had our client voluntarily complete a parenting class to demonstrate his intent to be a responsible co-parent. Our cross-examination at the evidentiary hearing exposed pitfalls in the petitioner’s testimony.

Result: The court dismissed the restraining order due to lack of sufficient evidence. We then convinced the court of a beneficial temporary visitation order which restored our client’s parenting time with the children. This matter demonstrates how quickly our firm can respond to an urgent situation to prevent a life-altering outcome.

Juvenile Defense: Helping a Teenager Get a Second Chance

A teenager and his very upset parents retained us after the youth was accused of burglary and juvenile vandalism, which would permanently go on his record and jeopardize expulsion from school. The parents were very worried about life-long impacts on their son’s career choices.

Our Efforts: Attorney David P. Schwarz investigated the matter, and developed evidence demonstrating our client’s remorse and lack of any other prior criminal act as well as good community involvement. We coordinated with school officials, counselors, and prosecutors to seek an alternative agreement.

The Result: Our continued efforts led to a deferred entry of judgment conditioned on completing community service and attending counseling. The charges were eventually dismissed upon completion, and the young client was able to graduate high school with no criminal record. The family complimented our caring advice, and all the pragmatic steps taken to ensure their son’s best outcome.

Move-Away Custody Issue: Maintaining Parent-Child Relationships Across State Lines

A mother about to begin a new career was facing a long-distance move out of state. When her co-parent objected, now citing that her move would deprive the children of their ongoing relationship with him, she reached out to our firm. Years before, we had obtained modifiable orders that would serve as the basis for our defense, but this case needed an updated motion, in-depth understanding of California’s move-away laws, and sensitive negotiation.

Our Solution: We gathered evidence from expert witnesses regarding the effect of the proposed move; we showed how mother had consistently supported father’s relationship with the children, and then detailed a plan that would preserve regular and continuing contact. We focused on mediation, but planned for litigation.

The Result: The court granted our client’s move and adopted our proposed parenting plan, including frequent virtual communication, longer holiday visitations, and travel paid for by mother for visits between children and father. Our strategy allowed our client to pursue her career and resulted in an ongoing, positive parent-child relationship between children and both parents.

Paternity & Parental Rights: Obtaining a Father’s Rights

A client reached out to us after receiving notification that he is the biological father of a young child, but had been kept out of the child’s life. The child’s mother was resisting her ex and didn’t want our client involved in the raising of her child, ever.

Our Strategy: We filed a paternity action, and pushed for genetic testing and interim visitation. Further, we presented the court with evidence of our client’s good faith attempts to be involved as a parent, including financial support and his willingness to share parenting time. Our attorneys worked with the parties to facilitate important communication and reduce animosity.

The Result: The court legally established paternity, and gave our client joint legal custody. Additionally, the court ordered generous visitation for this father. Today, this client enjoys an active and positive involvement as a co-parent in this young person’s life. This case illustrates one example of how we will work on behalf of fathers’ rights based on a commitment to preserving healthy family bonds.

Criminal Defense: Beating a Felony Robbery Charge

A young man who was facing felony robbery charges came to our office after being arrested for an incident that we had later determined to be a misunderstanding at a local store. A conviction would have led to years of prison time and have life-altering effects on future employment and other opportunities.

What we did: We rapidly went to work obtaining footage from the place which contained the alleged shoplifting, speaking to witnesses there, and finding out about procedural issues in the way that the defendant was initially arrested. Our attorneys negotiated speedily with the prosecution representatives at the district attorney’s office and developed an effective defense based on lack of intent and on other mitigating factors.

Results: The prosecution agreed to lower the matter to a misdemeanor theft with no jail time but with probation. Our client underwent a theft awareness program and had the record cleared via expungement after a year of staying on the right path. Our forceful defense kept him out of jail – saving what is perhaps most important: his good name.

Why You Should Work with the Law Office of David P. Schwarz

What makes our Firm unique is our combination of compassion and aggressiveness. Every case, regardless of level, receives personalized attention, extensive research and creative strategizing. Our attorneys are experienced litigators, but also savvy negotiators and trusted counsel. We have strong, established relationships within the Orange County bar and stay abreast of changes in family and criminal law, providing our clients with innovative representation tailored to their needs. To learn more about our team and approach, visit our About Us page.

Go To Step Two: Set Up A Consultation

If you are struggling with a legal dispute – associated with family law or criminal defense – the Law Office of David P. Schwarz is here to serve you. Through our case studies, you can see firsthand time and time again how we have utilized proven strategies to address disputes, protect our clients’ interests, and provide them with peace of mind during what can be a very trying chapter in their lives. Don’t wait to call us today at 949-296-4119 or come stop by our offices at 600 Anton Blvd, Suite 1100, Costa Mesa, CA 92626. We welcome you to fill out the contact form on our website so that we can help you schedule your confidential consultation today. We will do everything in our power – 100% of the time – to protect your interests, so let us help you ensure that you have a positive outcome. For more information or to reach out, please visit our Contact Us page.