Attorney C. Chan, Esq. Affordable Family Law,Strategy-Driven, 4.7/5 Ratings! Free Consultation, Butte county Family Law Attorney C. Chan 530.359-8810

Saturday, December 21, 2019

Affordable Family Law Cases, Is it Possible? Our NEW Maverick Paralegal Services!



NEW!!!! Only in California, we will be offering the most cost effective services utilizing our lowest pricing and costs where we can offer  paralegal technology, under attorney supervision, as at least 75% of litigants in California today, are forced to represent themselves.  This will enable clients who might not be able to afford full legal services, to still obtain document prep and limited help, but not actual courtroom appearances. This is strictly by choice, by the clients themselves.


Legal "leaps" will always require help--don't fail or falter                     because you didn't know how                                                         to obtain the correct help!! 




 We expect to be able to cover family law, some civil cases, cross over cases, higher end small claims and possibly contested evictions.  Additionally, attorney is well versed in animal law cases, having done such cases in both State and Federal Courts (Sacramento, San Diego, Hollywood, Denver, CO, etc.)
 
 One of the only ways to be able to do this, is to perform tasks and oversee cases related to paralegal type work which do not require court hearings, traveling, and having to communicate with opposing attorneys. Attorney can do regular legal work of course, but we are attempting to also provide services to those who do not need 100% complete legal services [in other words, the case would not require court litigation to extent of needing a full time attorney on the case..}


Even if helping self represented clients to properly understand the law so that their documents are done properly is better than never getting any help, or just guessing? Many people do lose their cases not so much because of what they did, but because of how they positioned their documents for the court. Judges do not have huge amounts of hours to spend on each case, and most pro se clients have seen this.





Perhaps if you know you have a good case,  you really need help in the document and documentation area. Don't wait too long, try and get help ASAP. You may only be doing "documents" but why lose when perhaps you could have won, had you known what you really should be doing or should have done?  We have done many cases and helped people get what they need!


Friday, November 1, 2019

FAMILY CODE 4320 ..IT MAY BREAK YOU OR IT MIGHT SUPPORT YOU

Family Code 4320-4326,  basically outlines what factors are used to determine spousal support.


https://law.justia.com/codes/california/2007/fam/4320-4326.html





Jan 20, 2019 - 4320(i) now reads: "All documented evidence of any history of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either party's child, including, but not limited to, consideration of: (1) A plea of nolo contendere...  



Child Support Factors

Family Code section 4058 - This is core statute with big implications specifically for child support, but also in terms of defining gross income for purposes of spousal support. Subsection (b) has been rewritten.

It used to say:
"The court may, in its discretion, consider the earning capacity of a parent in lieu of the parent's income, consistent with the best interests of the children." 


It now reads:
"(b) The court may, in its discretion, consider the earning capacity of a parent in lieu of the parent's income, consistent with the best interests of the children, taking into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children."

This appears to be a clarification of what factors the legislature considers to directly impact the best interests of a child for purposes of child support awards, and so wants family courts to consider....

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Family Code - FAM ... 4320. In ordering spousal support under this part, the court shall consider all of the following circumstances: .... as punishable pursuant to subdivision (a) of Section 664 of the Penal Code, or of soliciting the murder ... this subdivision shall only apply to convictions that occur on or after January 1, 2019.
Jan 12, 2019 - The new codes went into effect on January 1, 2019. ... Under California's Family Code Section 4320 (j), when determining spousal support, the ...


Family Code 4320 governs the amount and duration of alimony in California .... However, commencing in 2019, the new federal tax laws make modifications to .

https://www.myfamilylawchico.com/
Since the rules on spousal support have drastically changed, make sure to find out how the laws will affect you. Especially if you are the one paying, or  believe that you should not be paying the amount you were told to pay...

Tuesday, October 22, 2019

SPOUSAL SUPPORT AND WHY YOU SHOULD READ THIS




CALIFORNIA SPOUSAL SUPPORT FACTORS

(This is from one of my other blogs, law is all online)

Many clients do not understand the rules re spousal support. Some believe they will never get anything, and some believe they are entitled to everything?!
When it comes to spousal support, ---it's usually the husband having to support the wife in most cases, but not all.  The Court (and you) should consider all of the following circumstances according to FC4320:

The extent to which each party's earning capacity is sufficient to maintain the standard of living established during the marriage, taking into account FC4320(a)(1),(2)


The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to the family


The extent to which the supported spouse contributed to the attainment of an education, training, a career position or a license by the supporting spouse FC4320(b)


The supporting spouse's ability to pay, taking into account his or her earning capacity, earned and unearned income, assets, and standard of living FC4320(c)


The needs of each party based on the standard of living established during the marriage FC4320(d)


The obligations and assets of each party, including separate property FC4320(e)


The duration of the marriage FC4320(f)


The supported spouse's ability to be employed without interfering with the interests of any dependent children who are in his or her custody FC4320(g)


The parties' age and health FC4320(h)


Documented evidence of any domestic violence, including consideration of emotional distress from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence by the supported party against the supporting party FC4320(i)


The immediate and specific tax consequences to each party FC4320(j)


The balance of the hardships to each party FC4320(k)


The goal that the supported spouse shall be self supporting within a reasonable period of time FC4320l


The criminal conviction of an abusive spouse and the reduction or elimination of any award to an abusive spouse under FC4325 [FC4320(m)]


Any other factors that you determine are just and equitable FC4320(n)


Note: "any other factors" kind of leaves the door wide open if you ask me?!

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The Dad's Car !


The Mom's Car?
Related image

*Let's say this:  If  YOU   get a particular reaction just out of  looking at pictures 
of  two different  cars, 
imagine what could be done with court exhibits at trial??

Litigation involving spousal support can be affected by how your attorney sets up the case. Some attorneys simply do not exert a lot of effort and will just want to settle the case, the better attorney will realize all of the data in the case can make a HUGE difference, and that settling the case may not actually be helpful strategy wise?  (If you do not understand this, don't worry.)
Using all of the above factors, attorney can assess the potential liability, the possible outcomes, and the known propensity of various judges to determine the strategy needed for best outcome.

Attorney herein has strategy tactics, and uses them,  in order to obtain superior results. Provable at that!  Difficult fact patterns call for those who can think outside the box!

If you need an affordable attorney, please consider that it's better to get more than you paid for, than to pay too much-- and still lose your case!

Thursday, October 17, 2019

How Long Does It Take to Succeed at Family Law Litigation?

Good question........what attorney has seen in the past, from being in both larger cities, and Federal Courts, is that Family law court is not like most court cases, where the focus is often on difficult civil law issues, litigation problems, and witnesses, or criminal courts, where it's all about the drama usually, or people taking pleas. So, the number of years might indicate knowledge of the law, but might not necessarily win your case, since Family law is one of the fields where things are not that concrete.

Family law is definitely not for many attorneys, as sometimes just the knowledge of family law court will make many attorneys RUN!!! Many attorneys are not suited for Jerry Springer soap opera type things, or for a lot of emotional and often agitated combative litigants.  Much of the fighting in hallways at the Sacramento downtown courthouse formerly, was not due to criminal cases, but rather, to Family law cases.

Much of the data that goes into family law cases will revolve around the claimed actions, or non actions of the parties. For example, shared legal and joint physical custody--there are laws on these subjects obviously, but the law alone is usually not going to make or break many cases. Judges are able to make huge decisions based upon their own personal application of what is or is not in the best interests of the "child" and sometimes, this can go horribly wrong, as most people know.

So then, how many years of litigating in this type of arena would end up being so helpful to clients?  The years of courtroom experience is one thing, but the types of cases seen can really make a difference. Endless routine child support hearings does very little to teach one knowledge about custody except to extent that it points out issues in how support is tied to visitation percentages. On the other hand, handling many contested custody cases can start to become boring, if there are no different facts involved.

The most interesting cases with unique issues will usually prove to be the best teaching experience; and after being in large cities with many cases, one will have seen plenty of differing scenarios. (Attorney herein has done family law, criminal law, bankruptcy, civil cases, animal law cases and federal court cases- mostly on constitutional law issues.)

If an attorney is only in the game to earn a buck, he or she might not really care what type of cases they have. Some will always be more interesting than others. However, an attorney that really wants to win a case for clients might prefer certain types of cases over others. Attorney herein personally is not into running child support cases and arguing over timeshare. It gets done, but it is just one of those tasks that goes with the territory. Going to DCSS hearings is like pulling teeth. Not interesting.


Becoming adept at Family law usually requires an attorney that can easily talk to people, and not talk down to them. Judging clients is also not a good trait, but being responsive to how the client feels is required, and that is where many attorneys may not really think too hard, because they don't need to, or have too many clients. Or, maybe the attorney is making so much income he or she doesn't really care? You wouldn't be the first one to notice it.

Thursday, September 26, 2019

"Supervised Visitation"... and Does It Work?

From what attorney has seen in cases involving supervised visits, some parents do quite well and others fail to even do the supervised visits?  In some cases this is a problem but in other cases we have seen judges ignore non compliance and just keep the case moving along?

In many cases, supervised visits go along with Domestic violence and TRO cases...if one party is not represented, that party usually does not fare so well (because attorney on other side will represent the opposite client, while unrepresented client will become understandably unhappy...)

Domestic violence is one of the worst type of cases to work on due to the high stakes involved, the emotional aspects, and the common failure of some judges to believe what actually happened?
Attorney has been involved in plenty of DV TRO cases.  They are all different, some are more difficult than others, especially if one parent takes the kids and leaves the state. That already happened in several cases attorney had, and Judge ordered the parent who took the kid to return the child to the county immediately.

**LIMITED SCOPE REPRESENTATION**


 Unfortunately, those without representation often do not do that well since they are fighting against an attorney--however, if the non represented client can hire an attorney on Limited Scope basis--ONLY for one aspect of the case, it is possible that client can make headway in the issue that really requires legal help.  It would depend on how long such issue will take to resolve for most part.

If you believe you have an issue that would benefit from Limited Scope Representation, please do call and inquire; there is no charge on consultation.

Thursday, September 19, 2019

New 2019..Fed TSA Updates Marijuana-Don't Ignore Law and Lose Custody

According to the TSA.gov site, the "medical marijuana" section now states that hemp derived CDB products/medications or those approved by FDA, are legal as long as it's produced according to the regs defined by law under the Agriculture Improvement Act of 2018.

 Supposedly medications which qualify can be inside checked and carry on luggage, with special instructions. The TSA says that possession of MJ and certain cannabis infused products (including SOME CBD oil products, still remain illegal under federal law. )

Purportedly the TSA officers are required to report any suspected violations of the law which would include possession of MJ and certain cannabis infused products. * https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana   It's clear as mud, maybe!!
https://www.tsa.gov/travel/security-screening/whatcanibring/all

Disabilities and Medical Conditions

To ensure your security, all travelers are required to undergo screening at the checkpoint. You or your traveling companion may consult the TSA officer about the best way to relieve any concerns during the screening process. You may provide the officer with the TSA notification card or other medical documentation to describe your condition. If you have other questions or concerns about traveling with a disability please contact passenger support.
You are required to undergo screening at the checkpoint by technology or a pat-down. If your TSA Pre® designation has been verified at a participating airport, you do not need to remove shoes, laptops, 3-1-1 liquids, belts, or light jackets during the screening process. However, if you are required to undergo additional screening for any reason, a pat-down may be required, which includes the removal of items such as shoes, belts, or light jackets. Also, TSA officers may swab your hands, mobility aids, equipment and other external medical devices to test for explosives using explosives trace detection technology.
Travelers with disabilities with TSA Pre® on their boarding passes will receive TSA Pre® on-person screening when screened in a standard lane for any reason. This may happen when the TSA Pre® lane is closed, for example. Carry-on baggage and other accessible property will undergo standard screening in standard lanes, including removal of laptops, 3-1-1- liquids, and CPAP/BPAP equipment. (There is more on the actual website...)

Attorney has been through many airports and is usually held aside and must go through some nonsense about 40% of the time. Then after so many trips up and back to San Diego, the hold-asides became less frequent.

SO, how might this related to YOUR case, or family members? Well, obviously if no one knows what the TSA rules are, and you are the current custodial parent, and you get arrested in the TSA line and they take your kid, does that sound like something you want to happen???? 

And that was because you did not follow the rule, or didn't know the rule?  Very easy to see the other parent running to court to get rid of your current visitation????   This could easily happen, unfortunately....................................

The Transportation Security Administration has updated the “What Can I Bring” section of its online regulations to reflect news of an FDA-approved epilepsy medication containing CBD oil.

Also, supposedly TSA security officers don't search for MJ or illegal drugs, BUT if an illegal substance IS discovered during security screening, they will refer the matter to a law enforcement officer.

Before flying anywhere, make sure to look up the TSA rules currently in place. Those people who do the TSA jobs at the airport, are not exactly always friendly.

Wednesday, September 18, 2019

Why Attorneys Talk about Social Media Evidence

Talking to Clients About Social Media Posts
(from blogs.findlaw.com)
The American Bar Association has issued 12 ethical rules for lawyers, dealing with social media. These include:
  • You should tell your clients about the privacy settings on various social media platforms and how to make them as private as possible.
  • You cannot tell clients to destroy existing relevant posts, just like you can’t tell a client to destroy any other existing relevant evidence.
  • Relatedly, you must inform the client of the potential negative consequences (if they do destroy existing evidence on social media...)
  • You cannot contact or communicate with your clients through social media.
  • You cannot contact potential witnesses on social media through pretext.
Failing to follow these rules can leave you, and your clients, at risk. And if you tell your clients to “clean up” their social media without providing specific directions, in writing, “spoliation sanctions” won’t be such a fun phrase to say anymore......
=================================================================
This type of information above, just shows that attorneys must be diligent about social media, and preferably, should ensure that clients understand that posting on social media (which of course, include Facebook) can have some pretty bad fallout, especially if there has to be an investigation into posts that had key evidentiary value, and then were found to have been removed?    
 Most clients do not understand the required steps required in order to introduce evidence of texting , for example;  how judges want such data to be arranged, shown or displayed in court; emails have a slightly easier time; posts that are regularly taken down by the website or host can prove to be more expensive when attempting to show time frames. Most of online data these days is subject to current discovery rules and because new platforms can often change quickly, the cost to resurrect such data can possibly be both high in cost and time.

Saturday, September 14, 2019

Cheating Spouses Caught due to Syncing of Devices?!! True.....


When clients keep using the "SYNC" capabilities, knowingly (or un-knowingly) whether on their phone, tablets, computers, etc.-- it is just a matter of time that will prove that having everything SYNCED to each other's devices-- IS A SUPER, SUPER BAD, BAD, BAD, IDEA????  We have seen more than several cases  in different counties, where an ex spouse somehow got the former spouse's data (text/photos/etc.) "synced" to a personal tablet or equivalent; and other cases where the "sexting" between phones was also "synced" to a personal device, and then printed out for the COURT????  Possibly by the attorney?  

Unfortunately, this type of case can become very expensive, and difficult due to the forensics, data preservation, correct tracing, and then, if needed, the forensic testimony of an expert?  It would depend on facts of the case, as some judges will not admit evidence unless every single iota of law has been qualified, and in data issues, this can be burdensome due to new discovery rules on data/transmission of data. Further, the time it would take will increase, thus expenses are increased to the client.
 




In  these types of cases, one  spouse or former parter either found out about the other partner's  new  interest, or was able to obtain the personal text between the new interest and former spouse.  This is exactly what you do NOT want to happen?  Whether or not the data was of personal or sexual or other personal data or photos--this is NOT what we want to see in court cases involving divorce? and  purposely PUBLISHING this personal data might be grounds for both a civil or personal cause of action under the law?  Depending on the severity, it is possible this would amount to sancionable conduct? 


Current case law indicates that this is not something you want to get into trouble for??? We know, as we have seen more than several of these things keep happening!!!  In fact, such facts were the basic ground for invasion of privacy in a domestic violence case? [The only reason we dropped the DV was because the client agreed to do it; otherwise, it was a perfectly valid DV case based upon strong facts.] 


Legally, we don't like to see these actions happen, but they are becoming more and more apparent. Such illegal actions can not only ruin one's reputation, it can cause job loss, intimidation, harsh reaction that would never have arisen, creating intimidation and loss of privacy, lost work hours, and much more, including personal injury.






Thursday, September 12, 2019

Dissomaster- Determine Your Support or use DCSS Calculator Online


Image result for photos paying child support

https://childsupportca.com/child-support-top-eleven-tips-report/
https://childsupportca.com/the-dissomaster-program/

This program  is not free to use, you have to pay a fee.....   Attorney does use this service  to have support calculated and finds that it is just as accurate as the Dissomaster done in the Courtroom.

  We have found it to be as reliable as the court calculates it, so therefore, it's worth it to have it done, because we feel it saves time and money. 


OR-- You can go online to the CA DCSS calculator: https://childsupport.ca.gov/calculate-child-support/ 

 [This is free to use and will generally be in the ballpark if you know the data needed and IF you actually calculate it correctly.................] 


.....AND-- here is the PDF with instructions just in case you want to read it and use it:  https://childsupport.ca.gov/wp-content/uploads/sites/252/Misc./Calculator-User-Guide-1.pdf



The Dissomaster program itself,  is an expensive program that many attorneys pay for yearly. Attorney only works part time and has no need to spend funds for the Dissomaster program on a weekly or daily basis, so even if you are doing your own case, this service (the fee based calculator) can still help you and normally they allow you to have X number of revisions within a certain time frame.

There is only so much one can do when it comes to calculating support. A self employed parent may end up paying less support due to the way the taxes are calculated. However, one should consult a tax professional ahead of time to figure out if your own business can help you save on taxes or support!]  If in fact, you have a former spouse that is hiding income, you will have your work cut out for you. That is never an easy job.

Some cases cannot be won no matter what, whereas other cases can be, but they will take time. Still other cases involve so much past garbage, that the garbage has to be reduced to get a good result.
Having done this type of work for so long, attorney understands what people want. And most of them want to win the case, while others just want some changes.

Knowing the Dissomaster down to a science is not actually required, if you can pay someone to do it correctly? Just sayin'!!!


Drugs-- Hard Drugs, Alcohol, Abuse, Violence + More; Is it Enough to LOSE Your Kids?

WELL................maybe it is and maybe it isn't? Or are drugs even necessary?
And why would we say that? Many cases that have nothing to do with illegal, criminal, or bad conduct go through courts every day. And many cases don't involve kids, protective services, counselors, supervisors, foster parents, or anything related to children. But many cases in fact, do involve these elements or people.



In part, because it  might be determined by who you are, and who the other parent is; and it might be that the other parent is actually not such a great parent, but you are better at parenting; yet, somehow, your kids end up in foster care, in CPS court, or something else where you are separated from them; that perhaps you even have an attorney but can't win no matter what is done; or maybe the other parent has NO attorney, but wins in front of judge despite not following the law, the rules, or even the orders?  http://sacramentocountyfamilycourtnews.blogspot.com/p/temporary-judges.html

If you have such a case,  maybe  this scenario isn't so uncommon locally. It may not be that way in different counties, but we are talking about this county.
We only know this because even if it's not our case, my case, or even your case, it happens. 
http://sacramentocountyfamilycourtnews.blogspot.com/p/temporary-judges.html
So what does that mean as far as what you are trying to do? Good question. You might start looking at the Sacramento courts in Family law, where trouble has been in place for many years; a group started involving a journalist and others, where they got together to start documenting what was happening in family law cases. It appears that due to the overwhelming number of pro se litigants representing themselves (over 75% of cases), the people following the issues seemingly decided to tell the rest of the world what was happening online. http://sacramentocountyfamilycourtnews.blogspot.com/p/temporary-judges.html

This apparently led to documentaries and people who know others (like reporters, journalists, group leaders, and other affected people who found the law and legal system was not working correctly) and they started to keep track of what they believed to be wrongdoing. Mind you, this is not criminal law, but family law courts in Sacramento.
  http://sacramentocountyfamilycourtnews.blogspot.com/p/temporary-judges.html

If you are having issues with your case, perhaps you can ask your friends and families to review the same link which is above several times........maybe you will (or won't) find similarities? Maybe you may have to think outside the box for answers. We don't have a solution, but if there is an issue and enough people keep seeing it over, and over, and over, maybe..........???
http://sacramentocountyfamilycourtnews.blogspot.com/p/temporary-judges.html

Tuesday, September 3, 2019

IS YOUR CASE THE WORST, BUT YOU DON'T HAVE AN ATTORNEY TO WIN IT??


SCROLL DOWN IF YOU HAVE ISSUES IN COURT BUT NEED HELP
WITH PAPERWORK, FOR EXAMPLE; OUR MAVERICK PARALEGAL SERVICES
CAN PROVIDE HELP ON ISSUES WITH FAMILY LAW+CIVIL, DOMESTIC VIOLENCE+MORE.
For example---

Clients never making it clear to Judge, the actual facts?

Clients ignoring good advice, and instead, listening to friends who know nothing?

Clients who post photos of themselves drunk?

Clients who put their dirty laundry out there on "FACEBOOK" ?? (Really, really DUMB!!...,.)
\
Clients who have domestic violence (by spouse or partner) but ignore it,
and think it will GO AWAY????

..........Get Help Now!!  Call 530-497-0777


Saturday, August 31, 2019

THE PGE MINDSET FOR WILDFIREZ, YES, FIREZ!

..PGE SAYS SHUTOFFS ONLY IN SELECT AREAS ???




Monday, August 19, 2019

Is Limited Scope Right for Your Case?

Limited scope representation helps self-represented litigants in California




What this basically means, is that an attorney can, in Family law, handle only certain aspects of a case, such as, for example---- JUST domestic violence, but NOT the divorce, or the child support, or the mediation recommendation......OR, for example, JUST the adoption of the mediation recommendation [which is typically done at the law and motion hearing], OR, just the issue of whether or not supervised visits are warranted temporarily, etc.

How this helps litigants who do not have a full time attorney--it can enable clients to:

  • Prepare their documents legibly, completely, and accurately; · 
  • Prepare their cases based on a better understanding of the law and court procedures than they would have if left on their own; 
  • Obtain representation for portions of their cases, such as court hearings, even if they cannot afford full representation; and
  • Obtain assistance in preparing, understanding, and enforcing court orders.


 This assistance can reduce the number of errors in documents; limit the time wasted by the court, litigants, and opposing attorneys because of the procedural difficulties and mistakes of self-represented litigants; and decrease docket congestion and demands on court personnel.

In focus groups on this topic, judges indicated a strong interest in having self-represented litigants obtain as much information and assistance from attorneys as possible. 

They pointed to the California courts’ positive experience with self-help programs such as the family law facilitator program, which educates litigants and assists them with paperwork. These programs, however, cannot meet the needs of all self-represented litigants and, because of existing regulations, must limit the services they can offer.

               If you need some targeted legal help, call us today!  (530) 359-8810

Tuesday, July 16, 2019

Down to Earth..or, Talked Down to???...Average attorney or Better?..............

The one thing that many clients do not really like, is when attorneys talk down to clients...that kind of means, the attorney will be acting like a know it all, and let's face it, some attorneys ARE know it alls, right?  But do clients really enjoy that attitude?  Hmmmm....well...........maybe not so much in reality?  We aren't dealing with quantum physics or the IRS tax code in bankruptcy (unless you are dealing with that, then excuse me!)  For the majority of cases, we are not representing rock stars or the actresses/actors of Hollywood.  Trust me, those cases are in the National Enquirer.

And that is why sites like the Huffington Post are popular--they just spell out the laws in plain English so everyone pretty much can understand it?  What's wrong with that? In reality, there is nothing wrong with it at all.  Some of the best attorneys can simplify almost any of the statutory law so that nearly all clients will understand what they are working with?  Sometimes having a teaching background is helpful because most teachers will have a good deal of patience and will work hard to ensure clients understand the issues.  NOT understanding the issues is not a good position for the client.  Clients are entitled to be able to know and understand issues, especially if they are directly going to be affected adversely.


One of the worst things that an attorney can do is to not make the issues understandable--the client should know what he/she may be facing, even if the news is not so great. We all know that family law issues can be not-so-great!!! Seriously--some of the most difficult cases are the custody cases that seem to be endless-- right?  You really haven't lived until you have to tell your client that his or her kids are being taken from him or her.  It is not only devastating, it's also very hard on the kids to say the least.  Sometimes at the end of the day, you may just want to cry.  Seriously.

Sunday, July 14, 2019

..So...What About that Trial???

For some Reason, this post is very popular?
In family law, most cases will not require a trial. In some cases, certain issues may require a trial due to the inability to settle the issue.

The big questions usually are, will the trial actually gain you anything, and if so, for how long and would it be worth it if you don't win?  Depending on the circumstances of the case/issues, and how difficult the opposing party/or the attorney defending, will make an obvious difference.

There are calculated risks in any trial, even if you know you will win. If there is a bankruptcy involved, you should make sure to consult an attorney that knows bankruptcy ahead of time, not the week before the trial?

If there is a legal issue that is definitely on your side, great. Then why are you needing the trial-- is it because of a difficult attorney?  Is it because of a difficult client that doesn't care what it costs to go to trial?  Is it because the other side wants gratification to make you pay?  None of these things are unheard of, by any stretch. 

Image result for courtroom family law

While an issue involving a legal aspect of ongoing spousal is usually a bona fide issue, some issues should likely be worked out without need for judge to tell you what to do. A move away issue is more likely to require judge's experience than other issues.

Attorney has seen counsel drag in unknown witnesses from other states that no one even knows, and the client himself or herself is not even present? Further, attorney has seen judges ignore the statutory law and just make decisions based on
almost nothing (meaning, there is no real evidence) and judge just makes the call--for example, almost no judge is going to award custody to a perpetrator of domestic violence where a criminal protective order is in place, and where that criminal protective order has been broken many times? But we have seen this happen not once, twice, or more times........when it should realistically almost never happen.

We have seen valid restraining orders get dropped due to other reasons (meaning--the domestic or TRO is and was valid, but judge decided that some other issues were more important and that to get the other issues finalized, dropping the TRO was apparently easier or faster or both--??)

We have seen judge ignore valid testimony and only focus on certain witnesses. One must remember that attorneys sometimes inherit cases that have been done by pro per clients, so sometimes the record of the case has not been done properly; key facts may have been left out or ignored; judge may have ignored key issues like protective orders and violation of such orders; the prosecuting criminal court may have allowed a criminal to go free (even with very high bail), even with overwhelming proof of crimes?  When these types of cases get to trial, it's a crap shoot.   That means you may not win no matter how good your case actually is?  If you do not believe that, then you have not seen what actually transpires in other cases, since you would not be there to witness it?    It is attorney's opinion, that just  having a trial does not necessarily mean you will get what you want or deserve.  In a  number of cases you will not prevail, even if you are sure your evidence is the winning evidence.

Having a trial is not necessarily the destination you may really need or want, since there is a lot more to consider when deciding your options. Trials are often over rated for family law, as many family law litigants are not happy with their trial results. That is fairly typical in family law, when compared to criminal or civil cases which have much more stringent rules in general.