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90 Search Results for %22civil action%22

April 2, 2015

WV Senate Bill 430 – The Law That No One Heard Of

...t court erred in applying West Virginia Code Sec. 4S-27-507 to his divorce action because he alleges that it only applies to domestic violence actions. The Court. however, does not agree, as petitioner’s argument ignores the explicit interplay of the articles governing divorce and domestic violence prevention and treatment as found in Chapter 48 of the West Virginia Code. Specifically, in addressing protective orders in the context of divorce proc...

September 25, 2018

A CONUNDRUM FOR FAMILY COURTS: WHAT TOOL FOR WHAT PROBLEMS? #1

...family court in its discretion may at any time during the pendency of any action prosecuted under Chapter 48 of this Code, restrict contact between the parties thereto without a finding of domestic violence under article 27 of said chapter. This order shall not be considered a protective order for purposes of section 507 article 27, Chapter 48 of this code. A court may enter a standing order regarding the conduct expected of the parties during th...

February 14, 2016

The Maze of WV Child Custody Issues – Just Dropping Crumbs Won’t Get You Out

...and in the shoes of a parent. Such people are not allowed simply to file a action. They must move to intervene in existing actions. I have a combination of allegations that I include in such cases, which an opponent recently labeled “a mishmash” of allegations. I do whatever I can, within the law, to give the court to facts upon which to hang a decision based on the welfare of the child, which is supposed to be the “polar star” that guides the cou...

March 15, 2014

Personal Injury Glossary

...state and federal law. Wrongful Death — A wrongful death claim is a legal action by survivor’s of a deceased individual. In order to have such a claim, the loved one’s death must have been caused by the wrongful actions of another party. The decedent’s loved ones, bringing the claim, may receive monetary compensation for their losses, as determined by the court. Every state has a wrongful death statute; however, the laws may differ greatly. Copyr...

March 15, 2014

What to Expect in a Personal Injury Lawsuit

...es would not have occurred if it hadn’t been for the defendant’s behavior (action or inaction). Damages — The plaintiff must show that due to the defendant’s breach, he or she suffered harm and incurred loss. Damages in a Personal Injury Case If each element is established in the plaintiff’s case, the court may award damages for losses. Most damages awarded are compensatory in nature. They are to compensate the plaintiff for actual losses incurred...

December 28, 2021

Civil Litigation 101

...plaintiff” or “petitioner”, filed in court and served on another a suit or action and a paper containing numbered accusations or allegations. These paper filings are called “pleadings”. Pleadings can include sub-pleadings called motions, motions to dismiss, motions to enjoin behavior, or motions to permit certain actions such as keeping certain evidence away from a jury or court. That is called “excluding evidence”. This post will not discuss the...

October 2, 2013

Amazon Comes to My Client’s Rescue – Don’t Believe Everything You Think, by Thomas Kida

...bout how chance and coincidence play a large role in daily events and interactions. It helps to show how we have a tendency to put a reason on everything that we see happen and also how we try and put a pattern to things, which can lead to trying to predict the future (such as future wars and disasters, stocks, sports, etc..). This can lead to believing in many superstitious things. Chapter 5 is about seeing things that aren’t there, which means t...

July 23, 2017

So You Have Your (Child Custody) Agreement: Now What?

...end is a $500 “robust consultation” with a good lawyer (me) reviewing your actions to date, making sure you have documentation, and deciding whether to give the other side “just one more chance.” Of course. serious acts such as child abuse or sexual abuse require immediate action such as reporting at the Child Protective Services, taking the child to the emergency room, filing an emergency ex parte petition or motion for expedited relief, and even...

January 23, 2015

Digging Down – On Organizing and Preparing Your Case

...that we gather later usually is quite consistent. 41. It drives me to distraction Lawyers who pontificate, accuse, exaggerate, and fail to test their own clients’ credibility. It is a plague on our profession. So, Let’s Come Back to My “Method”. 42. I stress to the client that at this stage, don’t leave out any person. It can be a former lawyer, the judge, a spouse or partner, a neighbor, a Facebook friend, school teacher, counselor, grandparent,...

August 25, 2011

How a Lawyer Deals With an Unrepresented Party

...who proudly advised, “I will never deal with an unrepresented party”. My reaction -malpractice. I still feel that way. 3. Since my goal is to resolve cases efficiently, collaboratively when possible, in a timely manner, and with a good result. I see no option but to deal with the unrepresented party. 4. Whenever possible (about 60% of the time), shortly before filing your petition, in the presence of your client, and with your client’s permission,...