Category Archives: Divorce

Crime, Divorce

Domestic Violence; The Lethality Index.

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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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Divorce, General Legal, Opinion

Don’ t Pull Tricks

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Lawyers have a bad reputation. Some deservedly so.

But a good rule of thumb is to not pull tricks.

I was representing a client when they called in a panic around noon during the week. The alarm was going off at the house.  I told them to call the police and go check on the house.

The police responded and cleared the home. Upon inspection, my client discovered the back door was kicked in, the phone lines cut and just about everything that could be moved was, including the dishwasher.

The client called me asking if she should report a robbery.  So, dear reader, you are wondering why is this client calling me? Well, just a few days prior the client’s spouse was served with a complaint for divorce and a request for temporary relief. I informed my client that she had in fact not been “robbed,” but that her husband had hired a local attorney. She asked me if that attorney had called or filed something. No. I could tell by her spouse’s actions who he had hired.

It was discouraging and disheartening, but alas, apparently not illegal.  However, we had a temporary hearing soon thereafter and everything taken that should not have been had to be returned and the damages caused and expenses related to his conduct were reimbursed. It gave no tactical advantage and made the other client and opposing lawyer look like jerks in front of the judge.

Similarly, clients have the option of pulling tricks. Misrepresenting the facts, creating circumstances that make the other party look bad and knowing the other’s dirt may allow for a temporary advantage that could backfire. Also, if you know it’s bad advice, you don’t have to take it.

Matthew Thompson is a Family Law attorney and strives to give good advice and not pull dirty tricks.

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@wmtlawfirm.com.

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Crime, Divorce, General Legal, Opinion

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

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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

 

Crime, Divorce, General Legal, Opinion

AshleyMadison; The Naked Truth.

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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

Crime, Divorce, Opinion

Hillary Clinton is Right About One Thing.

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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

Divorce, General Legal, Opinion

Why Ashley Madison’s Data Dump May Lead to Your Son Getting Dumped

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“Life is short. Have an affair.®” is the tag line that greets you at AshleyMadison.com.

However, a recent hack of AshleyMadison’s data servers may make your life even shorter.  Approximately 32 million users worldwide had their data hacked, including, names, email addresses and credit card information.

A group called the Impact Team demanded that the owner’s of AshleyMadison, and another site, remove their sites or be faced with having “secure” customer information released to the masses.

The Impact Team reportedly object to AshleyMadison’s moral turpitude and fraudulent business practices.  One example was that for an additional fee AshleyMadison promised to completely remove your online presence with them, which they did not follow through on.

The fall out is still in its earliest stages. Reviews of the logins and emails show a number of seemingly fake names and email addresses created for shenanigans, but credit card numbers may show otherwise.

The Impact Team’s response was “We have explained the fraud, deceit, and stupidity of ALM and their members. Now everyone gets to see their data…. Keep in mind the site is a scam with thousands of fake female profiles. See ashley madison fake profile lawsuit; 90-95% of actual users are male. Chances are your man signed up on the world’s biggest affair site, but never had one. He just tried to. If that distinction matters.”

AshleyMadison responded “This event is not an act of hacktivism, it is an act of criminality. It is an illegal action against the individual members of AshleyMadison.com, as well as any freethinking people who choose to engage in fully lawful online activities…The criminal, or criminals, involved in this act have appointed themselves as the moral judge, juror, and executioner, seeing fit to impose a personal notion of virtue on all of society. We will not sit idly by and allow these thieves to force their personal ideology on citizens around the world.”

The takeaway is that your online information is not as safe as you think it is and when a third-party has it others can get it.

Matthew Thompson is a Family Law Attorney in Mississippi and is advising his clients to not have affairs.

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

Crime, Divorce, General Legal, Opinion

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

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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

Divorce

Shameless Self-Promotion.

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My blog, BowTielawyer.MS, has been nominated for the 2015 Best Legal Blog Contest by The Expert Institute.

 

The Expert Institute is a New York based Organization that helps lawyers and law firms find expert witnesses with specific expertise, covering every practice area in the law.

The contest is recognizing Legal Blogs that offer insightful analysis, lighthearted commentary and/or general public awareness regarding the law.

I have learned that I have been nominated and the winners are determined by popularity.

So, if you have enjoyed a blog click right here and include;

Blog address:   http://www.blog.bowtielawyer.ms

Blog category: Niche and Specialty

As Pappy O’Daniel used to say, “Vote early and vote often.”

Matthew Thompson is a Family law blogger in Mississippi opining on domestic relations, current events, hot topics and whatever else he feels like on any given day. 

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