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47 Search Results for "Domestic Violence"

December 28, 2021

Civil Litigation 101

...erred to an actual “scheduling hearing”. Family law cases may begin with a domestic violence filing, a routine petition and motion for temporary relief (child support, alimony or possession of a house or car.), or a motion for expedited or emergency relief. One rare order comes from a motion or petition for “ex parte relief”; that is, an order entered before any evidence is taken. It could be entered to prevent someone from leaving WV with a child...

March 15, 2014

Practice Areas

...vorce, child custody and support, paternity/allocation of parental rights, domestic violence, stepparent adoption, modifications to court orders and contempt of court issues. I’m a strong believer in mediation, but am also known as the go-to attorney for family law cases that go to trial. Learn more about family law Personal Injury I am proud to stand up on behalf of injured people and help them get the financial compensation they deserve after an...

October 1, 2021

Child Custody in WV: an Update of “The Maze”

...ts have jurisdiction of adoption, which has its own rules and assumptions. Domestic Violence cases and juvenile cases begin in Magistrate Court but are heard by the Family Court and Circuit Court respectively. Matters pertaining to guardianship of children are largely in Circuit Court, but can be sent to family court, and may be heard by a commissioner. These are often “Grandparents Petitions”. The child in such cases may also have a guardian ad l...

September 19, 2014

How to be Productive While Preserving One’s Sanity

...de up of: a. Urgent, but not important tasks (Imposed by anxious clients, routine “must dos”, and minor emergencies), which will consume you if you let them; b. Urgent and Important. (You will get these things done; appeal deadlines, statutes of limitations, domestic violence filings, furious clients, etc.); and c. Important but not urgent: (Getting these non deadline projects and goals accomplished makes the difference between the average and the...

March 7, 2010

Mediation, Collegiality, and Professionalism

...two fit parents free of severe alcohol or drug addiction, or a history of domestic violence, mediation in the jurisdictions where I practice is successful nearly 90% of the time. Cases involving the former are, of course, always problematical. Simply, alcoholics, drug addicts, and people with uncontrollable tempers, simply cannot keep their word. The “origin of family court mediation” that I refer to above was a small budget “pilot project” which...

September 1, 2020

The Problem of Trash, Garbage, Clutter, and Filth in Family Law

...Family Courts see it in divorce cases, allocation of parental rights, and domestic violence. Circuit Courts see it in juvenile abuse and neglect, juvenile delinquency, and criminal cases. Teachers and social workers, doctors, and first responders, of course, are on the front line. If television and the news are to be believed, things are even worse in large cities and deprived communities. It is a crisis of great magnitude, a loss of basic skills...

October 13, 2014

Nuts and Bolts of Preparing For Your Deposition

...w when he and his wife first met, when their children were born, when that domestic violence petition was filed, or when the accident took place, the claim was filed, the doctors visits took place, and the surgery was performed. We have nifty software that can create a timeline exhibit. 6. Witnesses expect the questioning lawyer to be nasty. Again, I know two lawyers whose persona IS nasty. It is inherent to their personalities. They demean, derid...

August 14, 2012

Practical Tips For Lawyers 8-14-2012

...huckled at this when I read it, but I have since defended (successfully) a domestic violence petition filed against a five year old and a three year old, by the mother of a two year old. 2-26-2015). 5. I try not to defend my client blindly by repeating everything they say. I test what they say, and apologize quickly if it turns out not to be fact. 6. Rarely, and I mean once a month, I have a case that is just too obvious not to settle. In those ca...

July 23, 2017

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

...course there are also “the big three”, substance abuse, alcohol abuse, and domestic violence. I will save them for another post. This post is for functioning adults who can have a successful parenting plan if both want it. While I have always done some of the things set out below, I pull some ideas together here, so my client, and others like her, will not be back in court in six months! I urge my client to read and take to heart my post “Winning...

March 15, 2014

Divorce

...our divorce to resolve disputes. Many unrepresented people have discovered domestic violence filings as their “portal” to the legal system. Many unintended consequences can follow, such as jail time, job loss and a permanent ban on the ownership or possession of firearms for the accused. I often represent clients who start out representing themselves in a divorce action, but then they realized that they should have had a lawyer all along. As your...