why is family court not given a lawyer?

Do I need a lawyer in Family Court?

The parties in most Family Court proceedings have the right to have a lawyer. You are free to hire a lawyer of your choosing. If your particular case is one where you have the right to a lawyer, but you cannot afford to pay for your own lawyer, then the court will usually assign one to the represent you.

What is the difference between Family Court and Criminal Court?

Family court and criminal court are profoundly different in premise, structure, power, and purpose.

Can a family law attorney help me with family violence?

Despite the severe limitations of family law for dealing with family violence, it's rare that a family law attorney will advise victims of these limitations.

Do family law judges make different rulings on the same case?

Different family law judges may make different rulings on the same set of facts. Judges are lawyers who no longer practice law and were either elected or appointed. That also means they are human and just as different human beings have different personalities and perspectives, so do judges.

Do the conduct of judges and lawyers influence a divorce case?

The outcome of a divorce case is not limited to the conduct of the judges and lawyers but also their interaction beyond it. What happens between ju...

Do judges get away with misconduct?

Judges do get away with misconduct because lawyers usually do not confront them because they know that the fate of their practice and cases hinge o...

Do divorce lawyers mislead clients?

Some divorce lawyers do mislead their clients as they have them believe that their case will go to trial, and then trick them into a settlement later.

Why do judges not force fathers to pay child support?

Family court judges have the power to send fathers to jail for not paying child support. Numerous judgments bear testimony to the fact that judges...

What are the unwritten rules of family court?

3 Unwritten Family Court Rules: 1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side. Lawyers know they will go before that judge again ...

Why do judges get away with misconduct?

Judges do get away with misconduct because lawyers usually do not confront them because they know that the fate of their practice and cases hinge on their dealing with a judge.

What are the rules of divorce?

Divorce is a civil action, and every state has rules of civil procedure. What you don’t hear about but, have probably fallen victim to, are the unwritten family court rules. These “unwritten rules,” are the rules that define how judges and lawyers conduct themselves with each other. These unwritten rules, the rules that define what goes on ...

Why are judicial orders not enforced?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”

What is the outcome of a divorce case?

The outcome of a divorce case is not limited to the conduct of the judges and lawyers but also their interaction beyond it. What happens between judges and lawyers at lunches, golf courses and judges chambers also play a role in the outcome of a divorce case. Some conducts inside courtrooms are defined by what happens in the background.

What to do if you can't come to an agreement with your spouse?

If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.

What to do if you have a court date scheduled?

If you have a court date scheduled and wish to go before a judge for a decision, stand your ground. There is no guarantee you will get a better settlement from the judge but, you will at least know you were in control of how your divorce played out. 3.

What is the father's rights survival guide?

After considerable research I wrote a series of nine booklets on every major family law issue. It's called the Fathers Rights Survival Guide. The guide contains sections on Divorce, Child and Spousal Support, Child Custody and Visitation, Child Support Enforcement problems, Contempt of Court, Restraining Orders, Move-away Issues and The Truth about Family Law and Attorneys. This information was written so that a ten-year old boy could understand its content. It is filled with very revealing information that is critically important to any man facing family law problems. Further, it is all you will need! You won't need to spend time at law libraries or bookstores. You won't need to spend countless hours on the Internet reviewing information that is often confusing and difficult to understand. I have done this work for you! Also, the information in the guide is good in all 50 States!

Is the family court system broken?

Yes the family court system is broken and needs reform. However, despite these problems most of you have failed because you didn't take the time to learn how the system works.". As he spoke he gave numerous examples of mistakes that men make.

What to do if you don't understand why you were called to Family Court?

If you do not understand why you were called to Family Court, ask your lawyer to explain it to you. You are entitled to get a copy of the petition from the court. If you didn't receive it, ask to see a copy of the petition and any other court papers.

What are the issues in family court?

The family court deals primarily with the problems of children and their families. The court hears cases involving: 1 abuse and neglect of children 2 custody and rights to visit children 3 family offenses including abuse of spouses and other family members 4 children who may have committed crimes (Juvenile Delinquency) 5 children who are not charged with crimes but who may need supervision, treatment or placement (PINS) 6 paternity 7 support of children, spouses and ex-spouses 8 planning for children who have been in foster care for a year or longer 9 termination of parental rights

How to file a petition for juvenile delinquency?

If you are not represented by a lawyer, you will need to fill out the petition yourself. In juvenile delinquency cases, the county attorney will draw up the petition. If possible, you should consult with a lawyer before filing a petition. The petition must be filed with the Family Court Clerk. The Clerk will make sure that the petition is put on record (filed) correctly and will set a date for the first hearing of the case.

What happens if a petition is not settled?

If the petition cannot be settled by agreement, the court will schedule the case for trial.

What is the first court appearance?

At the first court proceeding - the Initial Appearance - the judge will briefly review the petition and explain the charges or demands for relief. The judge will also explain what are the rights of the parties involved in the cases, unless the parties are represented by lawyers. In certain cases, the judge will assign a lawyer for a person who cannot afford to pay for one (see below, "Who Can Get a Lawyer") and may issue a summons for the other person to appear. In certain specific circumstances involving serious charges, the judge may order a warrant of arrest.

How long does a family offense stay in effect?

This orders the person charged to immediately stop harming or threatening the family or household member and may even order a family member to be removed from the home. The Temporary Order of Protection remains in effect for 90 days or until the court makes another order, whichever comes first .

Why is the order of filtration important?

The Order of Filiation is extremely important because it establishes the fact that the man is related to the child. This relationship must exist if the father is to have any rights (visitation, custody) to the child, or the child is to obtain any benefits from the father (support, Social Security, etc.).

What are the rules for a lawyer?

A lawyer shall not knowingly: 1 make a false statement of material fact or law to a tribunal;#N#fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client;#N#fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or#N#offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures.

How to counteract perjury in family court?

As such, it appears that the only viable alternative to counteract the perjury that occurs in our local family courts is through our family court judges themselves imposing appropriate punishment for contempt of court. The suggestion has been made that until our family court judges choose to “crack down” on the perjury that is prevalent in local divorce proceedings, such conduct will continue.

What happens when a witness swears to tell the truth?

It is no surprise that emotions run high in the family law arena, and litigants’ perceptions of incidents vary wildly. What happens, however, when a witness swears to “tell the truth, the whole truth, and nothing but the truth” and then lies? Unfortunately, despite the fact that perjured testimony is offered everyday in our family courts, not much happens to the lying litigant. Not only does the opposing party have limited civil remedies available to “right the wrong,” but history and the current policy of the Clark County District Attorney’s Office tells us that the perjurer will not be criminally prosecuted. Moreover, our family court judges appear to be hesitant to exercise their contempt powers to put an end to the prevalence of perjury.

Why was the conviction of the defendant reversed?

Interestingly, however, his conviction was reversed because the Nevada Supreme Court concluded that the trial court erred in not allowing the defendant to testify that he relied on the advice of his divorce attorney, and thu s lacked the intent to commit the crime of perjury.

Can a lawyer be prosecuted for perjury in a divorce case?

Notwithstanding the current policy of the Clark County District Attorney’s Office, there appear to be at least two reported cases in Nevada in which a criminal perjury prosecution has been initiated as a result of perjured testimony presented in a divorce case. Most noteworthy of these two cases is Ex Parte Sheldon, 44 Nev. 268, 193 P. 967 (1920), in which the attorney, and not the client, was prosecuted for subornation of perjury. The Nevada Supreme Court held that the attorney could be prosecuted for subornation of perjury for his alleged aiding and abetting a client to commit perjury in a divorce matter.

Can a perjury witness bring a civil action against the opposing party?

Thus, a party injured by perjured testimony cannot bring a civil action against the opposing party or a witness who has offered perjured testimony, even if the perjury has affected the final judgment in the case.

When do you fail to disclose a material fact to a tribunal?

fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client;

Why do courts favor protections?

The current structure of these ordeals in the courts — along with the tools of the trade — favor protections put in place to shield the wrongdoings and ethical abuses of judges and lawyers on many levels.

What is the expectation of accountability for any wrongdoings and professional misconduct by judges, lawyers and other players in?

The expectation for accountability for any wrongdoings and professional misconduct by judges, lawyers and other players in the industry is handed an easy out — by means of a discouraging process that has been put in place.

What is the failing grade for judicial accountability in New York?

In 2015 the State of New York’s “Judicial Accountability” and “Ethics Enforcement Agencies” both received the failing grade of an “F”. Such findings offer little solace to any person, within the industry or outside of it, who would venture to report violations of professional or judicial misconduct on the part of lawyers and/or judges.

What is the American Bar Association's model rules for professional conduct?

In print, and in theory, it looks pretty decent and honorable when reading the American Bar Association’s model rules for professional conduct where it is stated in rule 8.3 as to the duties of reporting professional misconduct in the industry. The rule speaks to a lawyer who knows another lawyer is in violation of these rules, in terms of honesty and trustworthiness, being obligated to report that lawyer to the appropriate professional authority. Likewise when violations are known by an attorney in regards to judges committing misconduct the obligation exists where the lawyer should report this to the appropriate authority.

Why are there so many hurdles to address professional misconduct?

Hurdles to address areas of professional misconduct are many times insurmountable — due to many of the entities designed to investigate having been proven to be ineffective and shielded by a cumbersome process that filters out legitimate cases of wrongdoing.

Do the rules of window dressing apply to child custody cases?

The rules serve only to act as mere “window dressing” in most situations dealing with matrimonial and child custody cases. Very rarely, if ever, does one hear of an attorney in this area of law reporting a judge or lawyer to any oversight or “appropriate professional authority” because doing so could be adverse to that person’s livelihood — it also may be hypocritical of many to report such instances as they may be engaging in the same behaviors on occasion.

Do lawyers practice in the same courtroom?

Many of the courts regularly appearing lawyers who practice in and out of the same courtrooms will almost never report such behaviors as they have to practice in front of the same judges and the same opposing lawyers on multiple occasions.

What happens at a court hearing?

At a hearing in which you ask for a new lawyer, the courtroom is typically closed to all but the judge, the defendant, and the appointed lawyer, and the record of the proceeding will be sealed. This means that neither the prosecutor nor the public will have access to a transcript of the proceeding. The defendant presents his grievance, the defendant’s lawyer responds, and the judge normally asks questions to clarify the dispute. The judge will attempt to resolve the disagreement without having to appoint a new lawyer.

What to do if you can't solve a problem without a court?

If you are unable to solve the problem without judicial intervention, you may ask the court for a hearing to request new counsel. You can normally make this hearing request directly to the court, but if you tell your current counsel of your wish to have this hearing, your lawyer would have an obligation to notify the court.

What happens when a defendant presents his grievance?

The defendant presents his grievance, the defendant’s lawyer responds, and the judge normally asks questions to clarify the dispute. The judge will attempt to resolve the disagreement without having to appoint a new lawyer. If you seek a hearing, you must be prepared with organized and specific reasons.

What are the reasons for seeking a new counsel hearing?

If you seek a hearing, you must be prepared with organized and specific reasons. Successful arguments for new counsel generally involve a significant lack of communication, failure to investigate key evidence, and failure to make valid legal arguments. Remember that your “opponent” in this hearing will be your lawyer.

What to do if you are dissatisfied with your lawyer?

If you are dissatisfied with your lawyer, your first step should be to raise your concerns in a conversation. If the problem persists and your lawyer is a public defender, you may contact the lawyer’s supervisor. In rare cases, the supervisor may assign a different public defender. This would be done without court intervention.

What is public defender?

In large cities, public defenders are often leaders in the defense community, with significant experience and ability. Court-appointed private attorneys who are under contract to provide services are also likely to have extensive experience.

Which amendment guarantees the right to legal counsel?

The Sixth Amendment guarantees the right to the assistance of legal counsel in criminal cases. If a person does not have the financial means to hire an attorney, courts will appoint a lawyer at public expense in all cases that have the possibility of incarceration, including misdemeanors. Court-appointed lawyers generally come from either a public defender’s office or from a panel of local private attorneys approved by the court.

Why do judges expect the custodial parent to come to court?

They expect this because the other parent did not have as much child raising responsibility during the relationship due to the family's dynamic at that time .

Why do judges like joint custody?

Family law judges like joint legal custody to allow both parents to be involved in the decision-making process including obtaining consent with certain major decisions. The exception to this again are those situations where it would be contrary to the children's best interest to order joint legal custody.

What do judges know about children?

Judges know the priority - the children's best interest. Everything they do at all times focuses on that best interest.

Why do judges like to keep consistency in the children's lives?

Family law judges like to keep consistency in the children's lives if it is consistent with their best interest.

What does a judge look at in a contested divorce?

On division of any property (property being defined as any asset set to be divided in the divorce), the judge will look at whether the property is community property, separate property or a combination. That "characterization" is typically what drives the judge's decision on division.

What is a judge?

Judges are lawyers who no longer practice law and were either elected or appointed. That also means they are human and just as different human beings have different personalities and perspectives, so do judges.

Who has the power to question agreements and not sign them?

A judge has the power to question agreements and not sign them. For example, if the spouses enter into the spousal support agreement inside the courtroom and the judge is of the opinion one or both of the spouses did not enter into the agreement voluntarily, knowingly and intelligently, the judge may refuse to make the orders consistent with the agreement until such time he or she believes the agreement is proper.