Warning! Danger! Danger! And its NOT Dr. Smith Approaching

There is a loophole to Stay Away Orders of Protection that is very dangerous when it removed someone from your household and you changed the locks. That person still has a driver’s license with the same address on it. What’s the big deal? Well, that person need only go to the home he or she was removed from and call a locksmith, show the ID and claim he or she lost their key. Presto, that person in the home, and has a new key.

Read more

Orders of Protection and How They Can be Fun – Not!

If you are the victim of domestic violence, call 911 immediately. If necessary, run into the bathroom and lock the door and then call 911. Tell the police you have locked yourself in the bathroom and will not come out until they arrive. If there are children in the house, inform the police of that too. When they arrive, tell the police you want the person who victimized you arrested. If asked if you want him or her taken to Family Court or to Criminal Court, always answer Criminal Court. If the police try to dissuade you from criminal court in favor of family court because the person to be arrested is the children’s mother or father, tell them: “criminal court.” Read more

Penney Wise and Dollar Foolish!

I have been seeing too many divorces wherein a spouse used a lawyer who was a relative (who never handled a divorce before) and paid nearly nothing for it.  The case may have settled as the now ex-spouse wanted fro very little cost, but the settlement agreement lacked the provisions and terms that could have protected that’s spouse against being brought back into court now.  But now that he or she is back in court, to save money once again, that person went to other relatives who are lawyers (and do not handle divorces) and the right things were NOT done in that person’s defense, who should have mounted an offense as well as provided better documentation in their defense.   Read more

If You Have Children But Were Never Married.

I recently took over a child custody case shortly before trial in Family Court of an out of wedlock child and no acknowledgment of paternity.  The prior attorney filed for custody on behalf of the client, but not for paternity.  The mother and child had gone on vacation to another state but never returned and this was filed two months after they left New York State.  The mother’s lawyer ignored the defect until she and the child were in the other state long enough so that the father could not re-file in New York State.  Read more

If Your Lawyer Tells You Do Not Pay It or Stop Paying It.

Too often I have taken over a divorce and or custody case to find my new client stopped paying a legal obligation, such as court ordered support or mortgage or rent payments.  When I ask why, the answer is my prior lawyer told me to stop, that I do not have to it.  I ask did your lawyer tell you this in writing? No is always the answer.  I guarantee that even if the prior lawyer said this, he or she would deny it.  Remember, the Courts expect you to try to blame the prior lawyer.  Here are a few examples I have encountered. Read more