Monday, January 31, 2011

Attorney Fullerton Anaheim Buena Park Brea CA Law Offices of Randall T. Longwith

(714) 879-7007 Attorney Fullerton Anaheim Buena Park Brea CA Assault Battery Domestic Violence Criminal Defense Lawyer Child Abuse Wife Spousal www.socaldefenseattorney.com Being charged with crime is serious very serious. Your freedom, your career, and your future may be on the line. If you or someone you care about has been arrested or accused of a crime in Orange County or anywhere throughout Southern California, whether it be Driving Under the Influence, DUI, Fraud, Domestic Violence, Assault, Battery, a Drug Crime or any Juvenile Offense, your attorney is the only thing that stands between you and the possible loss of your freedom. Your choice of attorney is your most critical decision. Dont settle on just anyone. You deserve the best. The Law Offices of Randall T. Longwith, Southern California's Premier Criminal Defense Attorney, is an experienced, effective Orange County Criminal Defense Firm that defends individuals charged with crimes throughout Southern California. Mr. Longwith specializes in aggressively defending people charged with all types of crimes throughout Southern California, including Orange County, Riverside, San Bernardino, and Los Angeles. Our offices have been highly successful in obtaining acquittals, not guilty verdicts, dismissals, and charge reductions in all types of criminal offenses. If you have been charged with a crime, contact the best. Contact Southern Californias Premier Criminal Defense Lawyer, Randall T. Longwith now at 888-588-4384 ...



http://www.youtube.com/watch?v=v7eyGKPXeVc&hl=en

Sunday, January 30, 2011

A Motion to Dismiss and What it Means For Your Divorce

A motion to dismiss means one party to a divorce applies to the court to stop the divorce application from proceeding. It's not all that common and the response from the judge varies.

If you are involved in a divorce and then you and your spouse decide you don't want to go through with the divorce, then almost certainly a judge with agree to a motion to dismiss.

But if one partner is in dispute over some issue arising from the separation e.g. child support, the spouse paying the child support may seek to stall proceedings in order to seek agreement on a change in the financial arrangements. The judge would look at the circumstances and make a decision. In some cases the judge would not agree to this motion to dismiss and would have the divorce application proceed.

Now divorce is a state issue and each state is unique. Any person seeking a divorce or involved in a divorce must consult the legislation which is relevant. The legislation is the one drawn up by the state in which the divorce is to be heard. Know the law. If you're using a lawyer, he or she should know the situation but if you are acting for yourself, the relevant legislation is available for perusal online.

Now there are two cooling off periods in most divorce situations. The first comes when the divorce application is made. The court usually allows thirty days for the other spouse to respond. Their response may alter the date of the hearing if the judge feels the respondent needs more time to prepare.

The second cooling off period comes once the application has been agreed to. There is usually another thirty days before the divorce comes into law. In both of these cooling off periods both spouses have the opportunity to file a motion to dismiss.

You might think it would be crazy that someone applies for a divorce, has it granted and then in the time before it becomes law, files a motion to dismiss. It has happened. It might be that the love was rekindled and the couple decide to give their marriage another chance.

It might be that the respondent lives in another state and wants the divorce heard in their home state. Maybe the legislation in that state is considered more favorable or less harsh. Who knows? But that can be the reason for the filing of a motion to dismiss.

Remember though that filing a motion to dismiss does not mean anything unless the judge agrees. The motion in itself is a request which can be denied or agreed to by the judge. He or she decides the outcome in every application.

If you are representing yourself in your divorce, you would be wise to consult a lawyer before filing for a motion to dismiss. The lawyer may well know the law in the State in question and could even know the previous record of the judge handling the case. Take sound advice.




Berna Abonita is associated with http://www.divorceguide.com, a website offering free advice on divorce law and motion to dismiss.

Saturday, January 29, 2011

Before And After Bankruptcy Filing Advice Tips

Before Bankruptcy Help Advice Tips

The best bankruptcy advice tip that you should follow before anything else is to consider bankruptcy only when you have no other choice in the matter. There may other ways to solve your credit problems that you have not tried. Speak with a credit counselor that can give you bankruptcy help advice, specifically to help you avoid filing.

Bankruptcy filing is at an all time high. This has caused a new bankruptcy law to be passed called the "Bankruptcy Abuse and Consumer Protection Act." Many people are having a tough time with debt and are now facing new rules for filing.

It is a good idea to ask questions until you understand what your options are. Do not be afraid to interview a lawyer and leave without retaining one if you are not satisfied. Look for a certified specialist or a lawyer with significant experience in bankruptcy. Never associate your self to a generalist, they may do a simple bankruptcy, but may not be able to tell you the status of your bankruptcy case.

If you are considering bankruptcy, then you should understand the two common types of bankruptcy.

* Chapter 7 Bankruptcy entails that certain assets of the debtor will be liquidated to pay the creditors. At the end of the process, most of the debtor's debt is cancelled.

* Chapter 13 Bankruptcy is designed for individuals with regular income and involves a debt payment plan based on the debtor's income with terms extended over three to five years, after which any unpaid debt is eliminated.

Find out the specific requirements of each option to determine under which you are eligible.

Before making a decision whether to file bankruptcy, you should realize that not all of your debts will be discharged by the court. Tax debts, college loans or child support are some of the non-dischargeable debts. Bankruptcy may be the solution you need if you are seeking relief from credit card debt and other unsecured types of credit.

Bankruptcy laws differ in every state, particularly when it comes to Chapter 7 bankruptcy. The rules on exemptions or what you may or may not keep in a Chapter 7 bankruptcy depends on the laws in your state. You may have to surrender your car or house if it has high equity and it is not protected by your state bankruptcy law. Other assets such as pension and life insurance may be at risk if your state classifies it as "non-exempt" assets. Although, most states protect these types of assets, do your research or ask a bankruptcy lawyer in your area to know what you might have to lose when you file bankruptcy.

Bankruptcy is a highly stressful process and you have to be prepared emotionally and mentally to handle it. Again, before filing bankruptcy seek professional bankruptcy help advice from credit counseling agencies or consult with a reputable attorney who may help you negotiate with your creditors.

A good bankruptcy attorney will be committed to getting you debt relief and providing you with valuable information, services and advice to get your financial affairs in order. An attorney can help give you advice about the bankruptcy laws and what is best for your current situation.

After Bankruptcy Help Advice Tips

While bankruptcy leaves a bad mark on your credit report for several years, it should not discourage you from regaining your creditworthiness. Usually, you can obtain new credit if you show proof that your financial situation has improved. Creditors often consider those who have been consistently employed with the same company for at least two years.

A good bankruptcy advice tip is to open a savings account to cover any emergency needs. To re-establish your credit, start with a secured credit card and make sure you meet monthly payments on time or pay the balance in full every month.

A common bankruptcy help advice tip when it comes to credit repair is to check your credit report for errors. You can get one free credit report per year from Equifax, Experian and Transunion. You can write, call toll-free or visit the websites of these companies to order your credit report.

Once you have your credit report, review the information it contains thoroughly. Check your personal information, account and credit payment information to make sure everything is accurate. Have all your timely payments since bankruptcy been reported? If there are any irregularities, inform the credit company in writing to have the information corrected. Prepare documents to back up your claims.

There are reputable financial institutions that are willing to help you restore your credit. Shop around, compare your options and be patient in your search. You can get information on the general terms of bankruptcy credit cards by simply inquiring with the different companies. Note that too many credit applications and credit checks will lower your credit score significantly.




Dean Shainin offers online Bankruptcy and debt advice. For more information, articles, current news, tools and valuable resources on bankruptcy and debt solutions, visit this site: Bankruptcy Loan

Thursday, January 27, 2011

Dr. Phil: The Lie Detector Results (Episode 788 Part 8)

Krista, Bonii, Jeremy and Danielle's first appearance on Dr. Phil left many unanswered questions. After that show, three of the four agreed to take polygraph tests concerning child molestation accusations leveled against Jeremy. Now, they all return to learn the results. Has everyone been honest with Dr. Phil? What's next for this family? Follow this case and support Bonii's non-profit organization SAVE at: www.MomsForJustice.org



http://www.youtube.com/watch?v=jC9WV3ewx1w&hl=en

Wednesday, January 26, 2011

Dr. Lorandos explains research into force and injury

www.falsely-accused.net Dr. Lorandos explains research into force and injury At UC Davis in California, the animal rights protestors shut down experiments designed to determine the force that it took to break bones in animals. Nowhere in the United States have we found research on the force that it takes to break bones or cause a subdural hematoma or other similar injury to children. This lack of research leaves the field wide open for hysteria and junk-science. At http our team members represented someone that had run away just days before trial. He was caught four years later. He ran because he knew he was going to lose even though he was innocent. In that case the prior defense attorney had not prepared any medical aspect of the case. The child was one month old and had a spiral fracture of the femur. The father had been accused of torture of the child and was facing life in prison. The defense attorney had found no explanation, no research to support his defense. He didnt do his own medical research, he didnt do his homework. The only doctor that he talked to said that it was the worst case of child abuse the doctor had ever seen. Our team member Mr. Pat Clancy, faced the very same doctor in testimony the previous year and she had used exactly the same phrase in that case, The worst case she had ever seen. Concerning the injury to this one-month-old child, we were actually able to determine that the injury was three weeks old. It had not been immobilized and therefore ...



http://www.youtube.com/watch?v=MCmQ6sr0H_c&hl=en

Tuesday, January 25, 2011

www.talktomartyb.com Anger management, Domestic violence

Marty Brenner, Anger management, domestic violence and addiction couseling services. If you or a family member or someone who you know is in trouble with substance abuse or anger, we can work together to determine what the best course of action to take on behalf of you and that individual who is seeking help.



http://www.youtube.com/watch?v=H7R3nplfRw0&hl=en

Monday, January 24, 2011

How Drug And Alcohol Abuse Affect An Addicts Ability To Parent

Many people wonder how a person like Britney Spears, who appears to have it all, would enter into the world of addiction. Non-addicts have difficulty understanding how Britney Spears can choose to get "high" over parenting her own children. Many non-addictive people think that parenting instincts come natural and nothing could interfere with a person's ability to love and raise their children appropriately. Britney Spears with the help of the media is showing the world how an addict loses all sense of purpose and what is truly important in life.

Drug and alcohol abuse often help fill a void in an addict's life

Addicts use drugs and alcohol for various reasons. Some addicts use drugs and alcohol due to suffering severe physical or sexual abuse; others cover up painful childhood memories and others have learned the behavior from their family environment. Drug and alcohol abuse often help fill a void in an addict's life. The drugs and alcohol become their best friend; always around to make them feel good.

Addicts will typically disregard family, friends and even court orders for drug and alcohol abuse treatment

Unfortunately the addict does not think about the people they are hurting the most. The addict does not see that their actions are not only hurting themselves but are often hurting the innocent people that care most about them. As we are witnessing with Britney Spears, the addict only thinks about themselves and their next high. Britney Spears behavior appears to show that she does not care about the consequences of her actions, or inactions. Addicts will typically disregard family, friends and even court orders for drug and alcohol abuse treatment.

The media is playing a pivotal role in Britney Spears Drug And Alcohol Abuse

The public has witnessed the spiral downfall of an addict. By broadcasting Britney Spears spiral downfall; the media is playing a pivotal role in her continuing downfall. The media is feeding into Britney Spears feeling that she is the center of the universe that is enabling her destructive behavior to continue. But to ask the media to stop covering the Britney Spears story is an unrealistic request and ultimately the responsibility for Britney Spears addiction lies with Britney Spears.

Getting an addict the drug and alcohol abuse treatment they need

But for an addict to seek help they need to hit rock bottom. The addict needs to lose everything to see how drugs and alcohol abuse has been the cause of everything they have lost. When addicts become aware of their behavior they can often feel guilt and shame. This is the crucial time for loved ones to help the addict get the drug and alcohol abuse treatment they need. Without drug and alcohol abuse treatment during this crucial time the addict will likely choose the drugs and alcohol to block the feelings of shame and guilt rather than choosing the difficult road to recovery.

After successful completion of a drug and alcohol abuse treatment program family and friends can help

While in drug and alcohol abuse treatment, addicts like Britney Spears can learn more appropriate coping skills and discover the reasons why they began using drugs and alcohol in the first place. An addict cannot enter drug and alcohol abuse treatment for their family, the court, their attorney or even their children. Britney Spears as well as other addicts need to seek help and want to recover for themselves. After successful completion of a drug and alcohol abuse treatment program family and friends can help an addict by loving, supporting and encouraging the desired behavior, but ultimately the desire and decision to stay clean lies with the addict.




Lisa Dunning is a Licensed Marriage and Family Therapist Specializing in Parent/Child Relationship issues and the author of "Good Parents Bad Parenting: How To Parent Together When Your Parenting Styles Are Worlds Apart". She provides marriage, divorce and parenting advice phone sessions to clientele across the United States and Canada and provides expert marriage, divorce and parenting advice to newspaper & magazine columnists. To learn more about Lisa Dunning visit her website at http://www.LisaDunningMFT.com

Friday, January 21, 2011

Find Sex Offenders in Your Neighborhood Without Stress

Have you ever been able to watch a TV telecast on sex offenders and their behavioral patterns after release? If you have, you will find out that they are more likely to commit the same offence over and over again. Sexual offence is kind of addictive and most of the offenders do not really know what they are doing until the deed is done.

A sexual offender is usually kept on parole after release for a period of time when they will be kept on appointments to see if there have been changes. However, after the parole is over, their names are taken off the police list of sex offenders in your neighborhood and so if you are hoping to make a lookup, you will only find the names of those on parole with the police. There is really little you can do about this since the government frowns at people who harass or assault sex offenders. The only way you can protect yourself and your family from the attack of sex offenders is to get a list of sex offenders in your neighborhood.

Since the police only gives access to recent lists, the internet remains the best option to finding the authentic and detailed report on a sex offender in any neighborhood. So instead of bothering the police, get a reputable public record search site from where you can get the comprehensive list of sex offenders in your neighborhood whether their offence was recent or was not. This way, you will be able to find out if any of your neighbors is a threat to your security or peace. If there is any around you, all you need do is restrict your children from talking or visiting such persons. You can also set up a community watchdog to help keep surveillance on the activities going around you.

Also, if you are living with family members, there is nothing prohibiting you from carrying out a sex offender search on your family members. It is no news to see fathers molesting their own children; there have been several reports of such and the sexual offender may just be in your house, under your roof.

The internet is usually the save haven for sexual offenders and from there they plan their next attacks. If your kids are staying too long on the internet, trouble may be looming. If you can't reduce how long your kids stay online, make sure you know what they are doing there. Do not overlook anything, doing so can put you in great danger and you will not forgive yourself.

Want to conduct a success look up to know the sexual offenders in your area? CLICK HERE!



Wednesday, January 19, 2011

Sexual Abuse By Clergy and Priests

Attorney Irwin Zalkin speaks about the hurdles that religious institutions put in place to obstruct abuse investigations. The Zalkin Law Firm handles all sexual abuse cases including Clergy Abuse, Boy Scout Sexual Abuse and Sexual Abuse in School throughout California, New York, Florida and Arizona. They also handle Personal Injury, Medical Malpractice and Cerebral Palsy lawsuits. You can contact Mr. Zalkin at www.Zalkin.com or by calling 800-724-3235.



http://www.youtube.com/watch?v=oukaa9r-9lE&hl=en

Tuesday, January 18, 2011

Eduardo Quezada NO VEAN LA TELEVISION EN ESPANOL !

Arnold Schwartzenneger with advise for Mexicans: Don't watch Spanish Television! quezada.net Racism taints Texas justice James Harrington, GUEST COLUMNIST Texans recently received yet another startling reminder of a lingering racism that still infects the judicial system of the Lone Star State. In June, our highest criminal law court, the Court of Criminal Appeals, made the astonishing announcement that a Smith county judge had the authority to jail a family man, Aristeo Lara Flores, rather than to grant him probation, because he spoke only Spanish. Then, late last month, Amarillo District Judge Samuel Kiser amazingly accused Martha Laureano of child abuse because she conversed with her 5-year-old daughter in only Spanish, "relegating her to the position of housemaid," causing her to be "ignorant." It's difficult to cast the judge's comments, during a hearing on a custody arrangement between the girl's mother and father, as anything short of racism. His words are too far outside the realm of reality and decency to reflect anything but crass stereotyping. How can it be child abuse for a mother to talk with her little daughter in the language with which she grew up? As in the Flores case, this judge interposed his personal bias to the detriment of a loving and nurturing family situation. Indeed, Laureano's performance with regard to her daughter's two older siblings is admirable. They do well in school and obviously benefit from a supportive mother. The girl's father ...



http://www.youtube.com/watch?v=gXhNXGJQTDQ&hl=en

Monday, January 17, 2011

Drunk Driving and Reasonable Suspicion

When you are pulled over on suspicion of DUI, the law enforcement official must have reasonable suspicion that your behavior was criminal, out of the ordinary or dangerous in some way. Because many individuals feel that they were apprehended for no reason, this is a usual area of contention in DUI courtroom cases. If an attorney can prove to the judge or jury that there was no lawful basis in pulling the individual over, the entire case may be dismissed on a constitutional basis. If the case is not dismissed, the lack of reasonable suspicion may be used to persuade the prosecutor to reduce the DUI charge to a more minor offense.

If you or someone you love has been charged with a DUI, you deserve to be fairly represented. The best way to increase your chances of a favorable result is by hiring an experienced attorney who may be able to point out holes in the prosecution's case, such as lack of reasonable suspicion. To learn more, contact an attorney in your area today to schedule a consultation and begin formulating your defense.

If you are charged with DUI, it may have a profound impact on your life and the lives of your loved ones. Penalties of DUI an include the following:

  • High-cost fines

  • Community service

  • Mandatory alcohol/drug education and awareness classes

  • License Suspension

  • Higher insurance rates

  • Permanent mark on your criminal record

  • Jail time
Because the United States Constitution prohibits unlawful searches and seizures, any investigatory traffic stop falls within this protection. Some examples of reasonable suspicion include the following:
  • Other traffic violations, such as speeding or weaving in and out of lanes

  • Burnt out headlight or taillight

  • Cracked or chipped windshield

  • Object hanging from the rear-view mirror
Though these are some examples, they may be able to be challenged in a court of law. The best way to make sure that your rights are fairly represented is by hiring an attorney today.




To speak with an experienced DUI attorney or learn of your rights as an accused individual, visit the web site of Rhode Island DUI defense attorney James Powderly today.

Sunday, January 16, 2011

Dr. Phil: Shocking Accusations (Episode 765 Part 6)

A desperate grandmother sent Dr. Phil a video showing how her 3-year-old granddaughter, Kaylee, reacts when she returns from visits with her father. Follow this case and support Bonii's non-profit organization SAVE at: www.MomsForJustice.org



http://www.youtube.com/watch?v=vZAG6j6psws&hl=en

Friday, January 14, 2011

Bipartisan Meeting on Health Reform: Part 5

President Obama and Congressional leaders from both parties discuss how to expand health care coverage to Americans who currently lack it.. Held at the Blair House in Washington, DC



http://www.youtube.com/watch?v=8uI5-GJf1nU&hl=en

Thursday, January 13, 2011

Co-Parenting During-After a Divorce

Parents going through divorce have a choice (in most circumstances):

1) Accept the marriage is over and attempt to co-parent the children; or

2) Maintain an adversary relationship with the other parent that spills over into parenting.

Children deserve the love, affection and respect of both parents. If the children are the true priority, in a perfect world, parents would be able to put their own anger aside to work together with the other parent to raise their children. After all, the parents will have a life long relationship of attending extracurricular activities, graduations, children's weddings and sharing grandchildren. Clearly, the children would be happier if these events didn't have the stress of the divorce hostility looming over them.

Unfortunately, a lot of divorced parents believe the other parent is completely unreasonable and they are unable to work anything out with them (hence the divorce). How do divorced parents co-parent in these situations?

A few tips:

1) Do not approach discussions with the other parent as "I am right...you are wrong." Try to be respectful and open-minded in your discussions.

2) Do not make negative comments about the other parent to the children (no matter how outrageous you believe the other parent is behaving). If you believe there is abuse or neglect by the other parent, consult immediately with a therapist and an attorney. If there is an emergency situation, the local child protective services and law enforcement should be contacted immediately.

3) Do not discuss the litigation with the children or allow them to review court documents. These are adult issues. You should approach the child custody issues as an opportunity to try to reach an agreement with the other parent. All attempts should be made to be a "united parenting force" for your children, if appropriate under the circumstances.

4) Do not discuss child support with the children.

5) Do not pass messages for the other parent through the children.

6) Do not undermine the other parent's authority. If the other parent imposes discipline (such as grounding or a time out), support the decision. Of course, this does not mean to support child abuse. But, assuming we have a non-abusive method of discipline, consult with the other parent before questioning the decision in the presence of the children.

There are many resources for co-parenting classes and therapy to help parents. After the divorce is final, the parents have the opportunity to focus on the parenting without the problems of the marriage. Clearly, the children would benefit. Children develop and grow very fast. You only have one opportunity to raise them. Don't waste it because you are angry over the divorce.




Elisabeth Camaur, Attorney At Law
Certified Family Law Specialist by the California State Bar Board of Legal Specialization
Camaur Crampton Family Law
19200 Von Karman Avenue, 6th Floor
Irvine, CA 92612
(949)622-5530

http://www.camaurcrampton.com

Wednesday, January 12, 2011

Navigating Rough Waters - Divorce Process and Strategy - From Filing to Trial!

This is part two of a two part series on the Rhode Island divorce process including divorce strategy. Part one, pertians to the initial stages of a divorce from finding a Rhode Island Attorney to filing for divorce. Please see below for a link to part one of this series.

This article discusses divorce strategy and the divorce process after filing for divorce. This article is for informational purposes only and does not constitute legal advice. It is a very bad idea for a person to represent themselves in a Rhode Island divorce without a lawyer.

Nominal or Contested Track

When a Rhode Island divorce is filed, the case is put onto one of two tracks, the contested track or the nominal track. The Plaintiff in their initial divorce filing designates the track they desire. The vast majority of divorces filed in Rhode Island are placed on the nominal divorce track. A designation on the "nominal track" does not necessarily mean that the divorce will be uncontested. It usually means that the party who filed believes that the case can be settled relatively quickly or wants the divorce to be settled relatively quickly.

Answer to Divorce Complaint

The defendant must file an answer to the divorce within 20 days of service and absolutely no later than the nominal court date or any motion date. If the Defendant does not answer the case he is subject to being defaulted. A default is when the defendant does not answer the case on a timely basis and the Plaintiff will usually get all of the relief that he or she requests.

Nominal divorce

If the case is put on the nominal track then the clerk will automatically set a nominal divorce hearing upon the Plaintiff filing for divorce. This hearing will typically be scheduled from 65-70 days after the Plaintiff files. In the event that the divorce is not settled by the nominal divorce date then the case will automatically be changed to the contested track.

If the matter is not settled by the nominal court date and both parties want to try to resolve the remaining issues in court and believe it is possible to resolve the remaining issues, then the parties can attempt to settle the case in the hallway or conference rooms in the courthouse and put the case through as a nominal uncontested divorce on that date.

If the defendant has not filed an answer, it is dangerous for the defendant to not appear in court at the nominal court date based on representations made by the other party.

There have been many occasions when a souse has assured the other party that it is not necessary to appear in court and not necessary to file an answer and the defendant is defaulted and the other spouse gets 100 percent of the assets of the marriage.

On the date of the nominal divorce hearing, at the call of the calendar, the case will be either ready nominal or the parties will ask the judge to hold the case so they can try to resolve the remaining issues. If the parties cannot resolve the remaining issues they will inform the Court clerk or the judge that the case cannot be settled and the case track will be changed to the contested divorce track. If the case track is changed there will be no hearing that date and the court will inform the parties of the next pretrial conference date.

If the parties ask the clerk to hold the matter they will usually get a substantial amount of time to negotiate the remaining issues in the hallway. Upon settling all the remaining family law issues which may include issues of property division, child support, child custody, child visitation, alimony, contempt issues, restraining order issues etc the clerk should be informed that the case is now ready nominal. At that point the clerk and judge will put you back on the list of cases ready for the nominal hearing.

Pursuant to Rhode Island General Law a divorce cannot be resolved without a nominal divorce hearing. At the nominal divorce hearing certain testimony must be elicited in order for the divorce to be granted. In some circumstances, it is necessary to have witnesses to briefly testify. If you don't have the required witness your case could be delayed or even dismissed and you may waste your time attending court.

Most Rhode Island divorce and family law attorneys have done these nominal hearing hundreds of times. It is a very bad idea for a person to represent himself or herself in a divorce! As the old adage goes a person who represents themselves has a fool for a lawyer. Since everything you have worked so hard for is on the line it is foolish to go through the Rhode Island divorce process without Rhode Island divorce and family law lawyer.

If the case was originally placed on the contested track calendar, then the clerk did not schedule any automatic nominal court date. If the case later becomes settled then the parties can ask the clerk for permission to come on a particular date for the nominal divorce hearing. Otherwise the parties can wait for a motion date or the pretrial date to do the nominal divorce hearing.

Discovery in RI Divorce

After the divorce is filed the Plaintiff and or the defendant can at their option proceed with "discovery". Discovery in general is the process by which the parties get information or admissions from the other party. Discovery is most important and perhaps crucial in a case when a spouse is unaware of the nature and extent of the marital property and estate. Discovery can be also useful to obtain documents or other tangible evidence that is needed for settlement or trial.

The Rhode Island discovery process also can be used to obtain admissions of certain allegations. While it is unethical and perhaps immoral for a person to lie about cheating or an affair to their spouse it is not illegal or criminal for a person to lie to their spouse about an affair. If a person lies under oath either in testimony or in a written document under oath they may be committing the crime of perjury.

Also if a judge believes a party is lying under oath there could be stiff sanctions and penalties including a referral to the attorney general for prosecution. However, in reality, most incidents of lying in family court are not prosecuted as crimes. Many attorneys use request for admissions or interrogatories to force the other party to state under oath whether or not they had an affair and the extent and details concerning the extra-marital affair / cheating/ infidelity.

There are several discover mechanisms that can be used: interrogatories, request for production of documents, request for admissions, depositions, subpoena duces tecum, subpoenas etc.

Interrogatories

Interrogatories are written questions that a party may sends to the other party. Each side is allowed up to 32 interrogatories. Interrogatories can be helpful in obtaining lists of assets, allegations that will be made by your spouse or other useful information. This information requested can run the gamut from child support to marital infidelity and may include: child custody issues, child visitation, drug and alcohol abuse, gambling addiction, alimony, health insurance issues, real estate issues, estate planning and trust issues, personal injury claims, domestic violence / restraining orders, criminal history, valuation of assets, mental health history and any Rhode Island family law issues.

Interragaoties must be answered in the time frame set by the Rhode island domestic Court Rules. Interrogatories are usually partially written and also reviewed by your husband or wifes' lawyer. Therefore, while a valuable tool there are some limitations to the usefulness of the information received.

Request for Admissions

Requests for admissions when used appropriately can be a powerful discovery tool in a RI divorce. Request for admissions are written requests usually prepared by the attorney, which the other party must reply within a short period of time. If the party does not reply to the request for admissions within the applicable time the allegation will be deemed admitted.

Depositions

A Deposition is when a party usually through their lawyer can ask their spouse questions under oath in front of a court reporter. In Rhode Island family Court, a party must obtain leave of court / permission from the court in order to take a deposition. Motions to take deposition of the other party are almost always granted by Family Court Judges. Depositions are powerful yet expensive discovery tools. A deposition usually is effective because the attorney can ask the other party questions face to face. The attorney can ask follow up questions and can ask questions in different ways. This is particularly effective if a party is being evasive or less than forthcoming. There is very little the other attorney can do to help their clients answer the questions during a deposition.

Depositions are very expensive because the Court reporters transcript could cost several hundred dollars. Also the attorney doing the deposition will need perhaps several hours to prepare for the deposition. Also both attorneys will need to attend the deposition, which could take up to several hours. Depositions are usually better ways to get information about sensitive topics then interrogatories.

Request for Production of Documents

Request for production of documents is a list of requested documents that must be responded to within the applicable time period. I find this discovery tool to be particularly successful in obtaining documents and records concerning: pension plan documents, 401k records, retirement accounts, employment documents, wage documents, health insurance records, stock accounts, estate planning documents, bank statements, real estate documents etc.

Subpoena

A Subpoena Duces Tecum can be very effective in obtaining documents from third parties such as bank records, stock records, employment and wage records and other documents.

The third part of this three part series which is coming soon addresses preparing for a Divorce trial to the actual divorce trial to the entry of Final Judgment




David Slepkow is a Rhode Island Divorce and Family law lawyer / attorney concentrating in divorce, family law, child support, custody, visitation, adoption and relocation. David has been practicing for over 9 years and is licensed in Rhode Island, Massachusetts and Federal Court.

David also handles Rhode Island personal injury, slip and fall and automobile accidents as well as litigation and landlord tenant matters.

David always offers free initial consultations and accepts all major credit cards. Please goto http://www.slepkowlaw.com for more legal information or to contact David Slepkow. You can also call attorney David Slepkow at 401-437-1100.

For a list of Rhode Island law articles written by Rhode Island divorce lawyer, please visit: http://www.slepkowlaw.com/ri-law.htm

Tuesday, January 11, 2011

PART 1- Family Court Crisis - Our Children at Risk

Part 1 of 2- This 5 min. trailer exposes a brewing nightmare in family courts across America: children are routinely being placed by the family court in the sole custody of their abusive parents. This film exposes a few outrageous cases from Marin County, California. It must be seen and heard to be believed. Part 1 introduces the cases and looks into Parental Alienation Syndrome (or PAS, the reigning paradigm in family courts); plus we take a look at the role of court-appointed mediators, therapists & evaluators in a broken system run amok that is damaging the lives of far too many children. This is a national outrage- please spread this film link to educate everyone you know! Thanks- only together in numbers can we bring about real change.



http://www.youtube.com/watch?v=BiA16b5WjU4&hl=en

Friday, January 7, 2011

HORRIBLE! "My Daddy Ate My Eyes" (California father accused of biting out his 4-year-old son's eyes)

A court hearing for a man accused of biting out his 4-year-old son's eyes has been postponed. Deputy Public Defender Joel E. Lueck said in court Wednesday that Angel Vidal Mendoza is still recovering in the hospital after hacking his legs with an ax after the eye incident. Meanwhile, Judge Colette Humphrey issued a gag order prohibiting attorneys and investigators from commenting about the case. Mendoza's son is in the care of Child Protective Services. According to an affidavit, he told investigators "my daddy bit me on my eyes and hands." Members of the family declined to comment in Kern County Superior Court. Mendoza is accused of mayhem, torture and child cruelty. The next court date could be as early as Friday.



http://www.youtube.com/watch?v=AYAo44gyEf4&hl=en

Wednesday, January 5, 2011

Can I Tell My Side of the Story?

DISCLAIMER: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a criminal attorney for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of California.



http://www.youtube.com/watch?v=ck8oGEXiT3M&hl=en

Tuesday, January 4, 2011

Falsely Accused of Domestic Violence Or Sexual Abuse? Fight Back With a Tort Lawsuit

It happens every day in the courts. A hostile ex-wife falsely accuses her husband of either beating her or the kids or sexually abusing one of them. It's devastating to the Father and he is often left thinking there is nothing he can do. But that is simply not true. One of the things you can do to fight back is by filing what's called a tort lawsuit.

Basically a tort lawsuit is used when someone wants to sue for false allegations, defamation of character and things of that nature. In the case of false allegations from the mother that are involving children, this could also include stating that the allegations have caused interference with familial relationships and even business relationships. There is also the emotional stress caused by such allegations as well.

And while this may not always get things reversed quickly, or even at all, it can prevent future allegations, and it clearly lets your ex-wife know you are not going to take it sitting down. False allegations such as these are illegal and constitute fraud and misrepresentation. No one has the right to falsely accuse anyone without due process and evidence.

By filing a tort lawsuit, you are letting everyone know you take very seriously any claims against your personal character and that you are going to appeal and fight back. Many times the mother's lawyers and advocates have convinced her that if she gets a restraining order using whatever methods she can, including false allegations, the ex-husband will simply cave and give in. And often, that is true, but it shouldn't be and doesn't have to be. File a tort lawsuit against your ex-wife and fight back!




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Monday, January 3, 2011

Philadelphia Family Court Judge Kevin M Dougherty Worst Offender Illegal Adoptions

CERTIFIED SERVICE DISTRIBUTION Respond Please to Roxanne Grinage Lorraine GrinageHireLyrics Administrative Services PO Box 22225 Philadelphia 19136 RoxanneGrinage@Yahoo.com or DignityForTheHumanSpirit@HireLyrics.org www.HireLyrics.org http blogtalkradio.com twitter.com www.HireLyrics.org (229) 395-0039 RESPECTFUL AND URGENT REQUEST FOR ETHICAL INTERVENTION ASSISTANCE INVESTIGATION AUDITS PROSECUTION AND CONVICTIONS of OFFICIAL CORRUPTION FRAUD CIVIL RIGHTS VICTIMS EASTERN PENNSYLVANIA, USA And FAIR DEPLOYMENT OF FUGITIVE TASK FORCE ASSISTANCE IN RE ABUSIVE PARENT ABDUCTED EXPLOITED CHILDREN, EZEKIEL BROWN (4) ARRIYEL BROWN (2) 110610 See how Due Diligence Evidence Is Submitted to Ethical State and Federal Entities with the Authority To Intervene Audit Provide Assistance to Enjoin Stop Ongoing Irreparable Harms Caused by Corruption Poisoned Jurisdictions' Malpractice. 11/06/2010 Philadelphia Family Court Victims of Illegal Adoptions Administrative Judge Kevin Dougherty's Conflicts of Interest with DHS Contractors Financial Institutions and Union League Press Release read from Liberty Place, Center City, Philadelphia, Pennsylvania Individual Accountability Statement A New Civil Rights Movement Is Underway In These United States Families Fight Back Say NO MORE DHS Demonic Horror Stories. Galvanize 2012 Voter Clout of Official Corruption Fraud Civil Rights Victim Americans. docs.google.com ...



http://www.youtube.com/watch?v=mlmUIXNaTuc&hl=en

Saturday, January 1, 2011

Great Online Resources For Arrest Records

The sad truth is that you can't please anyone nor can you tell if someone is trustworthy at first glance. It is only when you thoroughly investigate a person's background that you will know if he's intentions are pure or not. When it comes to this, it is significant to run a California Arrest Records search. This information is a must-have especially if you have any suspicions regarding somebody in this state.

Everyone from all over the world is now entitled to protect their own selves. This is made possible through the Freedom of Information Act that mandates all states to provide its people access to those vital public files. In the case of California, accounts for arrests are obtainable at the Attorney General's office.

Searching for this type of document at various agencies of the government can be painstaking and time-consuming. It often involves a long list of procedures to be followed as imposed by the state laws. First of all, it requires you to secure the proper request form and fill it out completely with correct details. Still another requirement is to have your fingerprints taken via Live Scan and include it in the submission of your application to the authorized department.

One of the most common reasons why most individuals now desire to get hold of this account is to safeguard themselves and their loved ones. The standard content of this file includes the personal particulars of the person whose name appears on the file, the offense made, as well as the date and location where he got arrested by police officers or any law enforcers.

Retrieving the information at government offices normally takes a couple of days to even weeks before you'll receive the report that you need. The good news is that you can now have what you longed to have without waiting for so long. By taking advantage of those services available online, everything is now within your reach in just a matter of minute only. Fortunately, the Internet allows you to search without any hassles and plenty of requirements to comply with.

Notably, various employers also make good use of an individual's Arrest Records when it comes to conducting an employment screening. Accessing such information enables them to choose the right job applicant/s to be hired in the company. Hence, it eliminates putting the company and the rest of its workers at risk. For the most reliable search result, it is recommended to trust only the best service provider online that requires a one-time charge only.




Do-it-yourself California Arrest Records are tricky. Come and share our information on Arrest Records and see why.