The biggest frustration most people have in court, is the lying. In theory, no one is lying, because testimony is taken under oath. In reality, every case is riddled with lies, half truths, shades of fact and the greatest of all, the omission of a critical fact that totally changes the situation.
So whatâs the point of having people testify under penalty of perjury, if thereâs no penalty ? Well, itâs about credibility. Once a judge knows, or even suspects, that someoneâs lying to the court, their credibility goes out the window.
Great column⌠and yes, lying, half-truths, omissions and insincerity are standard operating procedure in family court â for both the litigants and the attorneys.
Judges often end up becoming disgusted with everyone â even though it is typically one side that is making the false allegations. Then, when the other litigant files a legitimate motion, he or she already has two strikes against him or her in the judgesâ eyes. Just my observations.
If thereâs bad blood with an ex, itâs natural to want to vent to someone about him or her, but never, ever let that someone be your kids. âIn a family court case, the judge is always the jury,â Maher says. âThere is no such thing as a jury trial in family court, and the biggest no-no in family court is one parent badmouthing the other parent. And, if youâre familiar with the Childrenâs Bill of Rights, the child has a right to not be subjected to that. Judges are not interested in hearing, âI was just telling Suzie that Mommy has a new boyfriend so sheâd know.â They donât want to hear it. I always tell my clients, âIf you canât keep the focus on you, then thereâs something wrong with you.ââ
Family court is stressful enough. Don't make it more so by making one of these mistakes. Whether there for a divorce hearing or to handle a custody agreement, family court is a charged and emotional situation for everyone involved. It makes sense: in that room, a decision will likely be made that will drastically change the course of your life.
Your family lawyer can provide legal guidance about your issues and can represent you during meetings and trial proceedings . Additionally, if you have any specific questions regarding the laws in your jurisdiction, a family lawyer can help you address those as well.
While there are overarching federal laws and general rules that apply to family courts, most family law disputes are heard in a specific stateâs family law court. Therefore, because every state follows different laws and procedures, the way each family law court operates varies by state, and sometimes even by county.
Child Custody and Visitation Rights: Child custody and visitation rights include two types of custody: legal and physical. Legal custody means having the right to make important decisions about a child, and physical custody refers to the physical location of where the child lives.
In general, most family law courts will hear the following types of claims: Marriages and Civil Unions: Similar to family law, rules concerning marriages and civil unions are specific to a state. A family court may intervene when there is an issue with a marriage license, or a dispute regarding a prenuptial or postnuptial agreement.
Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. Jaclyn holds a J.D. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. from Fordham University, ...
Family court, sometimes referred to as family law court or domestic court, is a branch of the civil law court system. It typically handles matters affecting the family, such as adoption and alimony. Although family courts often share the same building location as other courts, like traffic court or small claims court, ...
Some family law disputes may overlap with another area of law. For example, a domestic violence claim can be heard in a family law court and a criminal law court. This is because both areas have laws that apply to the claim, but their proceedings produce separate results.
If they can trap you in a âlie,â they will. If you are going up against a narcissist in court, it is essential that you start documenting everything now. Keep records, bank statements, invoices, photos and videos. Create calendars and journals to remind yourself of what happened when. Download your text messages and chat logs. Gather as much evidence as you can to show yourself, your lawyer, and the judge what itâs like living with a narcissist.
When you are divorcing a narcissist, it is often a good idea to get your children a therapist they can talk to about the process, and about both parents. Find a therapist with experience dealing with narcissism and tell them ahead of time about your partnerâs behavior. The therapist can help you and your children address the problems that arise during and after the custody battle.
Narcissistic behavior can be especially difficult in court because many narcissists are savvy manipulators, and not many people know exactly how to deal with a narcissist. They often appear calm, suave, put together, and successful. They have decades of experience convincing people that they are right and that you are the crazy one.
If you are escaping a narcissistic relationship, the key will be to show the court (and your support team) the truth behind the mask. That will likely include testifying about some of your worst moments confronting this extremely high-conflict personality.
Most family lawyers encourage couples to mediate or resolve their issues without going to court. But this wonât work in a narcissistic relationship. Narcissists have an all-or-nothing perspective. They will always go for the âwinâ even on issues that arenât important to them.
Narcissists love to argue and get you to acknowledge that they are right. You will never win an argument with a narcissist. Fighting will only give them fuel for their claims that you are emotionally unstable. Cut the narcissist off. Unless you need to communicate about shared children, do not engage with them at all.
Your narcissistic partner will not hesitate to use your children as a bargaining chip. They donât and may not care how their actions are affecting your children. Do what you can to protect your kids from being put in the middle of your custody dispute.
You need someone who can keep you up to date with your case-related details. At the very least, should they miss your call or answer an email within 24 hours, your family court lawyer should be able to call you immediately.
Family law is a field of legal practice that focuses on family relationship problems, such as adoption, divorce, and custody of children, among others . In family court cases or similar discussions, lawyers practicing family law may represent clients and can also draft essential legal documents, namely court applications or property agreements.
Providing your lawyer with all the details he or she needs to assist you is crucial. There may be information about certain cases that you feel uncomfortable revealing, but if your attorney knows the full story, you can get the best results.
Your feelings will be heightened as you go through a custody case or divorce. You can make decisions that are irrational and if you inquire, your lawyer will tell you this.
No matter where you go, hiring an family court lawyer wonât be cheap in your pocket, so you also want to know what price point youâre going to be looking at. With a surprise bill for travel or court expenses later, you donât want to get slapped.
They will bring on additional associates and paralegals occasionally. A personal investigator can get involved if things are really dicey.
Not every family court lawyer is the same. To choose the right one for your specific case, you will need to ask each prospective attorney a series of questions. You can ask several of them, but we have narrowed down the best ones.
Part of the benefit of working with The Family Law Coach is that we can provide you with the assistance you need to gain these skills before and during the process. When youâve gone through this list, check out the Services offered by The Family Law Coach to see how we can help you help yourself.
The key to good legal writing is re-writing. Go over what youâve written and then ask yourself: âIf a stranger didnât know anything about my case would they get a good idea of what itâs about and why they should agree with me, or would they find parts of what Iâve written confusing? Will they get my point? Is what Iâve written difficult to read or easy?â
Many self-reps feel that finally being in front of a judge gives them the chance to âtell my storyâ and get a whole lot of grievances and complaints off their chest. They want to vent about all of the injustices and wrongs done to them and how bad the other party is. The judge may look interested, but is this effective? No.
If youâre missing any details or fill out a form wrong, it will be harder for the judge to rule in your favour. So it helps your case if youâve been careful about everything before you file it with the court office.
Making things relevant to the issues the judge has to decide, instead of leaving them as a personal attack on the other person, makes your comments far more powerful and effective. Judges donât like hearing negative personal attacks.
Just because a judge is being patient, and waiting until you get to the point, doesnât mean he or she is agreeing with you. Theyâre working hard to pull out the relevant details to help them make a decision. The harder the judge has to concentrate to get the information he or she needs, the more difficult it is to make a decision in your favour.
So long as what you say is truthful and supported by the evidence, it shows that youâre a trustworthy person to whom the judge should pay attention. Itâs a terrific way to be effective. Skill 2. Practice, practice, practice. Itâs not easy to get the reason youâre in court into just a few, clear, sentences.
If the judge misses these subtle clues, try a loud snort during the other sideâs testimony. Interrupt the judge while heâs speaking. While the tips in number 5 can also be used if you disagree with the judge, a more effective option would be to actually interrupt.
Shoot some questions back at him: âWhere do you live?â and âWhy do you think I would say that?â This technique can be employed directly with the judge if she is nosy enough to ask you her own questions.
Display your righteousness. Enter the courtroom with a (large) bible tucked under your arm, wear a military uniform, or clip on law enforcement emblems so the judge can tell immediately which one of the parties is the good one. [Note: if you opt for a bedazzled âJesus Loves Judgesâ T-shirt, you may skip the hat suggestion in number one.]
Following are sure-fire ways to get yourself noticed by the judge. Wear a hat. If youâre female, make sure it has moving parts to keep the judgeâs eye on you â a feather or something that sparkles. Donât worry about not being taken seriously, itâs about being seen.
Prove that you are a free-thinker not constrained by rules and regs. Pull out your cell-phone and start texting. Want to get some real attention? Actually make a call, hold up a finger to the judge while murmuring importantly: âI have to take this.â