Adams and Caughman, LLC, Attorneys at Law

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  Domestic Violence Representation, Abridged

  What you don't know can hurt you, whether you are the Plaintiff or Defendant you have a very short time, as short as 10 days to protect your rights. A Domestic Violence Complaint usually results in a Temporary Restraining Order [TRO] which is an Ex Parte Application to the Municipal or Family Court. Ex Parte means that the other side did not receive notice or have an opportunity to have the Court hear their side. The relief, obtaining a TRO, is deemed emergent and therefore because the restraints are temporary, less than ten days before the defendant receives a hearing, it is deemed appropriate, the risk of harm out weighs the violation of the Defendant's due process rights. It is the easiest way to get custody of children in New Jersey in FD (custody) or FM (divorce) cases (First Strike). Is the alleged act of domestic violence claimed just before or just after FD or FM is filed? Did the alleged act of domestic violence have anything to do with a child, was a child present, witness or additional victim of violence. Is a Risk Assessment needed? As Counsel of Alleged Victim: Domestic Violence is quasi-criminal. As Plaintiff's attorney you must know the Elements of the Offense Charged. Those elements are defined by the criminal statutes, the difference is that the burden of proof is much lower in Family Court, it is not "beyond a reasonable doubt", it is "by a preponderance of the evidence". If the Plaintiff's attorney does not prove each element of the offense, then you, the Plaintiff will not meet your burden of proof and there will be no Final Restraining Order [FRO]. The standard of proof “by a preponderance of the evidence” is often defined as more likely than not or the 51%~52% range. By contrast, beyond a reasonable doubt is defined as 99%. If an FRO is granted, the Plaintiff is entitled to reasonable attorney fees N.J.S.A. 2C:25-29b4. As Counsel of Alleged Aggressor: Defendant's attorney should determine if you were advised of your right to counsel? This is important if you are charged criminally at the Municipal or State level in addition to having a TRO issued. In that event you will have to defend yourself in two separate court systems. If the answer is no, and the offense has a penalty which is a consequence of magnitude then you may have to seek the issuance of an interlocutory appeal. State v. Ashford 374 N.J.Super 332. What is a consequence of magnitude? Imprisonment on Municipal Court offense, loss of driver’s license, loss of employment, immigration issues, travel restrictions, etc.? At the State level, you could be charged with a 4th ~ 1st degree offense(s). In that event, you, as the defendant can either hire two attorneys, one for the Family Court matter and the other for the Criminal Court matter or hire an attorney that can handle both. Remember, unlike a criminal case where you are constitutionally entitled to an attorney, i.e. a public defender, you are not entitled to an attorney in Family Court. Are you, the defendant, in the military or a member of law enforcement: use of duty weapon and the like are specifically permitted with some restrictions. See 2C:25-29b. If you are the Defendant and the FRO is not granted the Plaintiff does not receive counsel fees. Domestic Violence is real, but there are those "victims" that cry domestic violence when it never occurred commit the worst kind of domestic violence. If that is what has happened to you, then you must protect yourself at all costs because the consequences to you, your children and your employment are real too. Contact an attorney for help. For the full version of this article please visit my website Resources page. © 2013, Lesley Renee Adams, Attorney at Law

  Link: Domestic Violence Representation, Abridged

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  A Litigant’s Primer to Divorce Litigation. Abridged

  1. Reflect, Meditate, Pray: Whether you are a person of faith, describe yourself as a spiritual person or an agnostic, your marriage was contemplated before you entered it, even if you and your spouse eloped. The same thought process you used to think about entering your marriage is what you should use to determine the end of your marriage. 2. Truly think about the kids: You and your spouse both love your child or children. You should not try to alienate your child or children from their other parent. You will scar them for life and ultimately damage her, his or their relationship with you. 3. Gather Your Resources: How much did your wedding cost? Did you have a budget? What resources did you use to pay for your wedding? Those answers are instructive because most people planned in advance for their wedding. Litigation is expensive. Therefore you need a plan to fund it. You have time to plan, so do it. I recommend that you spend your time and money: wisely, intelligently and most of all strategically. i. A consultation budget, you should select an attorney that you are comfortable with, the two of you will be working very closely together. I recommend you consult with at least 3 attorneys. ii. A litigation budget: this is your biggest expense, potential clients always ask me how much a case will cost, I have never been able to estimate, there are too many unknown variables. iii. A funding source budget: your salary, your credit cards, your savings, your family and friends are all potential sources. While the Judge may order your spouse to provide you with funds, if you are under employed or unemployed, that is a motion, which has to be made which means it has to be funded first and won second. 4. Pre-filing: You have decided to move forward with your divorce. You have your funding sources lined up and can met your retainer requirements and are providing that attorney with all the information needed to file the complaint. 5. Post-Complaint: Welcome to litigation. The Judge has set a schedule for discovery. Documents and records are demanded from each side, admissions requested, experts hired, depositions taken. Due to the volume of documents going back and forth, I typically have my staff e-mail my clients everything in .pdf format so their file is as complete as mine. This policy is part of our Green Initiative and has the added benefit of saving clients costs for making paper copies and better focuses funding resources where they are needed. 6. Pre-Trial: You have all the information you are going to receive. This is the best time to come to an agreement, this is the phase where emotions are the most in control and logic can prevail. 7. Trial: Almost all efforts to settle have been exhausted. Your attorney has prepared a trial notebook, made copies for the court and the other attorney. Now it depends on the Judge, he or she will determine when your trial begins and how many hours you have on a particular day. You should remove from thought TV show or Hollywood movie trails, or even continuous trials; your trial may take place over months not days or weeks. The Court System has time tables that push you to this point, but because of back log and your Judge's particular schedule, no one can predict when you case will begin, end or what the Judge will ultimately decide. I always tell my clients to please remember, “The date of the final judgment is the End of the End and the Beginning of the Beginning”. What does that mean, well, the final judgment of divorce’s date is not only the End of the End of your marriage but it is also and more importantly the Beginning of the Beginning of the rest of your Life. For the full version of this article please visit my website Resources page. © 2012, Lesley Renee Adams, Attorney at Law

  Link: A Litigant’s Primer to Divorce Litigation. Abridged