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47 Search Results for "Domestic Violence"

March 8, 2013

What If I Hire a Divorce Lawyer

...oving with the children?; are you in immediate danger?; is there a pending domestic violence petition, a DV order, or a pending criminal charge, a girlfriend, or boyfriend, etc.? 4. If you will answer those questions, I will quote a retainer, usually one that is sufficient to get us through settlement negotiations or mediation. 80% of cases settle at that stage. 5. I will quote an up front retainer. Part of that retainer is based on an hourly fee...

January 1, 2013

2013 New Year Resolutions

...of that they are trying to present relative to mediation in the context of domestic violence and abuse. Very similar to the lack of focus of my guardian ad litem CLE training. I think we need much more consistency among “domestic violence”, “family law”, “juvenile abuse and neglect”, and “civil mediation”. They are four separate worlds. I sometimes feel I am the only guy with a hand or foot in each of these disparate worlds. 14. I have at least on...

March 24, 2010

The Nuts and Bolts of Family Court

...ple have found another “portal” into family court. This is the filing of a domestic violence petition. Fortunately, the court can now separate a “domestic squabble” from “domestic abuse” and issue a “no unwanted contact order” without having to find abuse against either party. From my experience 20 to 30% of the cases involve serious abuse, and the balance involve various types of “dust-ups” where someone to decides they can gain an advantage in c...

November 18, 2017

Mediation Food for Thought

...esentation of their clients. 5. Keeping in mind safety (serious history of domestic violence, drug or alcohol or abuse, sexual abuse), the needs of the parties (young children, large assets or debts, disparity of income of the parties), family courts will have broad discretion in selecting mediators, making referrals, and setting the time limitations, place, and other factors. 6. Family courts may only refer to mediators on the Court Approved list...

April 29, 2020

A ROADMAP TO BURTON HUNTER’S IDEAS AND “WISDOM”

...et/the-wv-senate-bill-430-now-a-law-that-no-one-heard-of/ Blog Search for “Domestic Violence”: https://tinyurl.com/y7pp6leu Blog Search for “Relocation of a Parent”: https://tinyurl.com/y7z9fqd5 Blog Search for “Access to Child’s Records” : https://tinyurl.com/ycvtfgh5 Blog Search for “Decision Making” by a parent: https://tinyurl.com/y79dqr74 Blog Search for “Equitable Distribution”: https://tinyurl.com/ybm56acr Blog Search for “Retirement Benefi...

April 5, 2011

Dear Honorable (Family Court) Judges

...ave become dependent on drugs. And, the “remedy of choice” seems to be the domestic violence statute. “If the only tool you have is a hammer, every problem looks like a nail.” On Friday, I hesitated to ask your percentage of self-represented parties, but I am guessing it is at least 70%. I have criticized our WV Supreme Court of Appeals for what I perceive to be “caving in” to this trend of self-representation by helping create the appearance that...

December 1, 2017

Family Court Mediation Streamlined – Some Ideas

...esentation of their clients. 5. Keeping in mind safety (serious history of domestic violence, drug or alcohol or abuse, sexual abuse), the needs of the parties (young children, large assets or debts, disparity of income of the parties), family courts will have broad discretion in selecting mediators, making referrals, and setting the time limitations, place, and other factors. 6. Family courts may only refer to mediators on the Court Approved list...

August 12, 2011

Protecting Our Reputations

...er respond to my letters and calls. I will “yell” if her or she violates a domestic violence, or restraining order, and I will withdraw from a case where the client persistently disobeys the court or ignores my advice. My theory is that I cannot help such people, so I move on to people that I can help. 5. I kicked a guy out of my office once. He had put his wife in the hospital with his fist, but what we argued about was he had gone to the family...

September 24, 2015

Suggestions for Operating and Marketing A Small Firm Efficiently and on a Budget

...rt was emasculating Family Courts from restraining all bad behavior except domestic violence. It has attracted very little attention, but I think it gives Courts an essential tool to moderate behavior that hurts parties, families, and children. It passed on the very day that the Supreme Court was taking to task small firm lawyer Jerry Blair of Clarksburg. I agreed with Mr. Blair. The Court did not. The Court in Miller v. Riffle emasculated our Fam...

July 7, 2010

So, You Think A Divorce May Be In Your Future?

...it or provoke your spouse into an altercation thinking you can then file a domestic violence petition. You have to be alive to file such a petition, and you sure do not want to file from your hospital bed. BUT, if there is an incident that raises welt, creates a bruise or laceration, or causes your neighbors to call the police for your protection, consider the following: a. If this happened around your children, failure to report it or to seek a p...