Category Archives: Crime

Alienation of Affection; Sued for Sex…

Adultery may be considered a crime in Mississippi. It is defined as sexual intercourse with person of the opposite sex not your spouse.

Alienation of Affection (AOA) is a separate claim, known as a common law tort.  A tort is a civil wrong, as opposed to a criminal wrong.  AOA is rooted in case law and provides an equitable remedy and its intent is to protect marriages.

AOA allows the wronged spouse to sue the “significant other” of the guilty spouse for the breakdown of the marriage.  There are only 6 states in the country that still recognize AOA, but Mississippi is one of them and in the 1990’s our  appellate Courts reaffirmed AOA as alive and well in the Mississippi legal system.

Alienation of Affection requires;

1) Wrongful Conduct (ie: adultery, though not required), 2) Loss of Affections, and 3) a Causal Connection be shown between the Wrongful Conduct and Loss of Affection.  All 3 must be present for a viable claim.  There is a 3 year statute of limitations in which to bring the claim, beginning when the loss of affection is finally accomplished.

*As an aside, North Carolina recognizes Alienation of Affection and a separate tort called “Criminal Conversation” which only requires proof of sex with a married person for the “significant other” to be liable for damages.  It does not require loss of affections, causal connection or even a real relationship.

So what is the take away here?  Just because you are not married does not mean you are free to have an affair.  You will  be a material witness in the divorce case, could be subject to criminal prosecution and stand a pretty good chance of getting sued.  And if you go to North Carolina, you better behave.

Matthew Thompson is a family law attorney that can handle your divorce or alienation matter and warns persons about visiting North Carolina.

Follow the blog: BowTieLawyer    

Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case at (601) 850-8000 or Matthew@bowtielawyer.ms

Domestic Violence; The Lethality Index.

Unfortunately Domestic Violence happens. The ones that “love” us the most hurt us the most.

Domestic Violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.  http://www.justice.gov/ovw/domestic-violence

Domestic Violence can be deadly. Below is what is commonly referred to as the “Lethality Index.

The numbers below in parenthesis indicate the factor by which a domestic violence victim’s risk of homicide is increased relative to other domestic violence victims. For example, if the abuser has used or threatened to use weapons, the victim’s risk of domestic violence homicide is 20.2 times that of the average domestic violence victim.

The Top Five Risk Factors

The numbers in parenthesis indicate the factor by which a domestic violence victim’s risk of homicide is increased relative to other domestic violence victims.

  1. Has the abuser ever used, or threatened to use, a gun, knife, or other weapon against victim? (20.2x )

  2. Ever threatened to kill or injure victim? (14.9x) Document complete and accurate quotes of the threats

  3. Ever tried to strangle (choke) the victim? (9.9x)

  4. Is abuser violently or constantly jealous? (9.2x )

  5. Has abuser ever forced victim to have sex? (7.6x )

The US Dept. of Justice has compiled a number of studies into a “lethality assessment list” of 17 risk factors for domestic violence homicide. (The full lethality risk scale can be found at www.ncjrs.org/pdffiles1/jr000250e.pdf)

 Have an exit strategy.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

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CraigsList Sales the Safe Way.

You can find some smoking deals online. Furniture, cars, and fishing supplies, among a plethora of other items are available.  But along with hot deals comes the potential for shady dealings.

However, Rankin County has a solution. The Rankin County Sheriff’s Office and multiple police departments in the area are creating “Safe Zones” for online “Craigslist” type transactions in the parking lots of at the Sheriff’s Office and police stations.

Rankin County Sheriff, Bryan Bailey, and many of the local police chiefs in Rankin County are encouraging the public to use the agencies’ parking lots and/or lobbies for their online transactions when a face to face meeting and exchange is required.

Many of these locations are under 24-hour video surveillance and have a constant flow of law enforcement personnel at all hours.

“We believe that this will prevent robberies and violent crime, and we hope this will make our citizens feel safer,” said Sheriff Bailey. “Providing these ‘Safe Lots’ are something positive we can do for our community at absolutely no cost.”

The following locations may be used;

Rankin County Sheriff’s Office in Brandon

Brandon Police Department

Pearl Police Department

Flowood Police Department

Florence Police Department

Pelahatchie Police Department

Reservoir Police Department

*Hat tip to Jackson Jambalaya for getting the scoop.

Matthew Thompson is a Domestic Relations Attorney in Mississippi and likes getting a good deal, just like the rest of you!

Follow the blog: #BowTieLawyer

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The Fallout Continues…and there is more to come. Ashley Madison won’t Stop.

One more post on Ashley Madison and then I am taking a break from the subject.

You can read about the Ashley Madison hack here and what it means and doesn’t mean here.

What is still developing are the ramifications from the hack and the disclosure of private information.

It’s been reported that there have been suicides due to person’s private information being leaked. There have been public admissions of using the site and being the “biggest hypocrite ever.” There have been public denials that the person listed did not create the account or use the account, well maybe they did create it, but it was for curiosity’s sake only. There have also been outright denials of accessing the site and that an impostor created the account.  This did happen, by the way.

There is actually a law in Mississippi which makes it illegal to impersonate another real person online with the intent to threaten, harm, intimidate or defraud another.  The fake accounts may well be actionable if it impersonated a real person.

The other concerning part is that the Impact Team, the hackers responsible for the leak, have indicated they have the content of private messages and pictures shared through the site. There may be more fallout to come.

Matthew Thompson is a Divorce Lawyer in Mississippi and warns you that this story has “legs” and other body parts too!

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

AshleyMadison; The Naked Truth.

The List has been leaked. The names have been scoured. More than a few were familiar to you…

AshleyMadison is all the talk, but your name being on the list is not a conviction, at least not yet. It does not even mean you used it.

The site is supposedly anonymous. Meaning anyone could enter a User Name (not their real name), use a Prepaid Gift Card and a dummy (or generic) email address. Reports indicate some did just that. However, some most certainly did not.

Also, just because you were on the list did not mean you had an affair. It means that perhaps you wanted to, intended to, or wanted to have some chat time with a fictional woman.  The man to woman ratio makes it highly unlikely that those users of the site were “successful.”

It also means that some of those listed in all likelihood had affairs and spent money doing so.  In some instances, it’s being reported, thousands of dollars were spent. This is trouble for several reasons. 1) It is circumstantial evidence of an affair, certainly inclination (or infatuation), and 2) spending money on a girlfriend, or boyfriend, is Marital Waste.

It is at best just embarrassing and at worst indicative of family problems in the past and probably some more to come.

Matthew Thompson is a Family Law Attorney in Mississippi and recommends that if you are on the list it’s time to make that call.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Hillary Clinton is Right About One Thing.

You’ve got Mail. No you don’t…

Hillary Clinton is always in the news. Lately, it is not for anything positive. Clinton is battling accusations of improperly using a private email server and email for she and her staff AND using same for sending and receiving classified information.

Clinton knew it was improper and took extraordinary steps to wipe as much of the proof of this as she could. Clinton”wiped her server clean” and permanently deleted all e-mails from the personal server. 

Doing this is bad advice if you are Secretary of State, subject to pending litigation, or are aware of a Subpoena Duces Tecum requesting said information.

However, it is great advice if you are a lying cheater. Deleting emails, wiping a server is just smart if there is incriminating evidence in said emails and on said server. In fact, it’s dumb to not delete and wipe. It sets yourself up to be held accountable for your actions. It could prove that you have lied under oath. It could lead to all types of legal ramifications, monetary penalties and potentially cost you your freedom.

This week alone we have learned that one should destroy their cell phone, a la Tom Brady, NOT have an account with AshleyMadison (or, if you do, have a fake account) and one should have a private email server, and when convenient delete those emails and wipe the server!

Matthew Thompson is a Family Law Attorney in Mississippi and is advising his clients if you are contemplating any of the above that your first visit should be to a good Criminal Defense Attorney and the next visit should be to your Priest.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Tom Brady, “Tom”foolery & his Cell Phone;Divorce Attorneys Should Take a Play from Brady’s Playbook

Tom Brady is a Patriot and a pioneer in legal advice and he doesn’t even know it!

By now you are well aware of the fracas that is now known as DeflateGate.  Tom Brady did or did not have something to do with under inflated footballs in an NFL playoff game. There is now, literally, a Federal law suit about it.  He has been punished by the league, but avows his innocence.

But, what is the best piece of legal advice ever learned from Tom Brady?

Destroy your cell phone.

Tom Brady destroyed his cell phone. You see, he upgraded to a new phone and stated that his practice is to destroy his old one. To protect against identity theft, I’m sure.  He did this in the midst of the NFL’s investigation, but prior to formal legal proceedings being filed.(Disregard that he did not do so with prior phone upgrades.)

Had there been pending formal legal proceedings there could have been some issues with “destruction of evidence,” but without legal proceedings pending, upgrading his hardware and destroying the old, worn out device was just smart.

Sure, it may create the appearance of “Tom”foolery, but it does NOT allow said malfeasance to be confirmed.

So, you ask why else would he destroy his cell phone if there were NOT incriminating texts on it?

5.  He had embarrassing text messages, such as Gisele calling him her “Brady-Boo.”

4.  He expressed remorse about being an NFL Quarterback over his true dream of being a dancer.

3.  He was critical of Belichick’s hoodie.

2.  There were naked pictures of he and Gisele in nothing but Patriot’s Helmets and there was no way that wasn’t getting “leaked” if turned over.

1.   There were incriminating text messages on it.

Matthew Thompson is a Family Law Attorney in Mississippi and is advising his clients to take a play from Tom Brady’s playbook, if legal to do so.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000

Indicators of Abuse.

Regrettably, in family law instances of child abuse are ever-present. The Mississippi Department of Human services, along with law enforcement and the Courts are tasked with dealing with these critical circumstances.

The following are instances and indicators of abuse.

Emotional/Verbal Abuse is anything said or done that is hurtful or threatening to a child and is the most difficult form of maltreatment to identify:

  • Name calling; “You’re stupid.”
  • Belittling; “I wish you were never born.”
  • Destroying child’s possessions or harming pets.
  • Threatens to harm child or people they care about; “I’m going to choke you,” or “I’ll hurt your sister.”
  • Locking a child in a closet or box.
  • Rejecting a child.
  • Isolating a child.

Sexual Abuse is any inappropriate touching by a friend, family member, anyone having on-going contact and/or a stranger, such as:

  • Touching a child’s genital area.
  • Any type of penetration of a child.
  • Allowing a child to view or participate in pornography.
  • Prostitution, selling your child for money, drugs, etc.
  • Forcing a child to perform oral sex acts.
  • Masturbating in front of a child.
  • Having sex in front of a child.
  • Touching a Child’s genital area.

Physical Abuse is any type of contact that results in bodily harm such as bruising, abrasions, broken bones, internal injuries, burning, missing teeth and skeletal injuries:

  • Hitting or slapping a child with an extension cord, hands, belts, fists, broom handles, brushes, etc.
  • Putting child into hot water.
  • Cutting the child with a knife or any other sharp object.
  • Shaking or twisting arms or legs, yanking a child by the arm.
  • Putting tape over a child’s mouth.
  • Tying a child up with rope or cord.
  • Throwing a child across a room or down the stairs.

Neglect means not meeting the basic needs of the child and is the most common form of maltreatment.

  • Medical – not giving a child life-sustaining medicines, over medicating, not obtaining special treatment devices deemed necessary by a physician.
  • Supervision – leaving child/children unattended and leaving child/children in the care of other children too young to protect them (depending upon the maturity of the child).
  • Clothing and good hygiene – dressing children inadequately for weather, persistent skin disorders resulting from improper hygiene.
  • Nutrition – lack of sufficient quantity or quality of food, letting a child consistently complain of hunger and allowing the child to rummage for food.
  • Shelter – having structurally unsafe housing, inadequate heating, and unsanitary housing conditions.

Call 800-222-8000 or 601-432-4570 to report abuse, neglect or exploitation of a child in Mississippi.

Reports can also be made online at https://www.msabusehotline.mdhs.ms.gov

Division of Family & Children’s Services
800-345-6347 | 601-359-4999

Matthew Thompson is a Child Custody Attorney in Mississippi.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms