Category Archives: General Legal

16 questions used to ID domestic abuse victims likely to be killed

08/16/2018 BowTieLawyer 1 Comment

Research has found that men who choked their partners were 10 times more likely to eventually kill them.

A CBS News article reported that the Oklahoma City Police Department is among the forces using the 16-question checklist, which is designed to help officers identify victims who are likely to be killed.

By answering the below questions, the more times a victim answers “Yes” to the questions, the more likely domestic violence may lead to a victim’s death. The checklist will be used across the state of Oklahoma. Authorities in Maryland say fatalities have dropped 30 percent since they started using it.

Below are the 16 questions contained in the “Domestic Violence Risk Assessment” checklist:

1. Has he/she ever used a weapon against you/threatened you with a weapon?

2. Has he/she ever threatened to kill you or your children?

3. Do you think he/she might try to kill you?

4. Does he/she have a gun or can he/she get one easily?

5. Has he/she ever tried to choke you?

6. Is he/she violent or constantly jealous or does he/she control most of your daily activities?

7. Does he/she follow or spy on you or leave threatening messages?

8. Have you left him/her or separated after living together or being married?

9. Is he/she unemployed?

10. Has he/she ever tried to kill himself/herself?

11. Do you have a child/children together?

12. Do you have a child that he/she knows is not his/hers?

13. Has he/she been physical toward the child(ren) in a way that concerns you?

14. Does he/she have an alcohol/substance abuse problem?

15. Has he/she interfered with a 911 call?

16. Is there anything else that worries you about your safety?

If you are in Mississippi and need help please do one or all of the following by contacting the Mississippi Coalition Against Domestic Violence;

If you are in danger, call 911.

If you need immediate assistance after hours: Call 1-800-799-SAFE(7233).

Local to the metro area may call 601-981-9196

If you wish to be connected with someone in your area regarding domestic violence, volunteering or making a donation, call 1-800-898-3234.

Matthew Thompson is a Family Law Attorney in Mississippi and encourages victims of domestic violence to have an emergency plan and seek immediate help.

Bow Tie, Child Custody, Divorce, General Legal

Don’t Write on Exhibits/Photographs

08/08/2018 BowTieLawyer Leave a comment

Q: Is this a true and accurate copy?

A: No. I don’t know whose writing this is…I don’t know what those circles mean…

Attorney: Objection. It’s obviously not a true copy, as the original does not have writing and circles on it.

Court: Sustained.

Court rules can be tediously picky. If something isn’t phrased the right way, authenticated sufficiently, or previously produced, if requested, you may not be able to use it. This is true even if it is something important, reliable and tangible to the issues before the Court. This is just one reason why Court is so frustrating.

I had a case where the witness highlighted certain portions of an email. When the time came to testify about the email, the other party pretended to not recognize it, nor remember it. He wasn’t sure if he used that email address at that time. He certainly knew he didn’t highlight it and wasn’t sure he had seen it before. It was a dance of avoiding the obvious.

Ultimately, the email came in when the sponsoring party testified and I believe the other party lost credibility in feigning ignorance, however it was a good lesson on the rules/tricks of Court.

Matthew Thompson is a Family Law attorney in Mississippi and encourages you to practice, with your attorney, your testimony and how to authenticate an exhibit and get it into evidence.

Child Custody, Divorce, General Legal, Visitation

Back-to-School time.

07/24/2018 BowTieLawyer Leave a comment

Summer is ending. School bells are ringing…

With back-to-school comes the end of the summer schedule, loose routines and late bed times. Along with the return to school comes “Meet the teacher,” “Back-to-School Night,” & “Meet the (insert mascot of your school here).”

Regardless of your “Custody” arrangement, both parents are free to attend any and all events. It matters not whose “time” it is. I routinely advise clients that if our children attended school or events together, if I can go, you can go.

Additionally, Mississippi law specifically provides that a parent, even a non-custodial parent, shall have “access to records and information pertaining to a minor child, including but not limited to medical, dental and school records, [and] shall not be denied to a parent because the parent is not the child’s custodial parent if such parent’s parental rights have not been terminated by adoption or by a termination of parental rights proceeding.” MCA 93-5-26

So, parents, go to these events for your child. Meet their teacher, meet the other parents, their classmates and school administrators. Stay plugged in. It will benefit your child.

Matthew Thompson is a Child Custody attorney in Mississippi and encourages you to be an engaged parent.

General Legal, Irreconcilable differences, Opinion

Happy Birthday! Donate to Mississippi Legal Services

07/10/2018 BowTieLawyer Leave a comment

In lieu of birthday presents this year, I’m asking that you consider making a donation to Mississippi Center for Legal Services Corporation.

Legal Services afforded me my first legal “job!” The summer of my first year of law school I volunteered with them. I was assigned to work with an amazing attorney, Lula Anderson.

Attorney Anderson was one of the contract family law attorneys at the time and I heard Irreconcilable Differences Divorce 101 more times than I could count that Summer. Due to that experience it helped me get a paying clerkship with the family law firm Chinn & Associates, paving the way for Thompson Law Firm.

I’ve chosen this nonprofit because their mission means a lot to me. Legal Service’s attorneys represent low income families, pro bono, in Mississippi that need civil representation.

A lot of the great people I worked with are still there, including; Tara Bryant Walker, Richard Hitt, and Lindia Robinson just to name a few.

Since establishing my own firm, I have continued to volunteer with Legal Services. I now serve on the Board of Directors and routinely speak at Continuing Legal Education seminars for Legal Services. I’ll be presenting a Family Law Update on July 27 in Hattiesburg.

I hope you’ll consider contributing as a way to celebrate with me. Every little bit will help the goal.

This link goes to the Facebook donation page.

331197450751450/331197460751449/https://www.facebook.com/donate/

No Facebook? Donate directly here.

Matthew Thompson is a Mississippi Family Law attorney and Board member with Mississippi Center for Legal Services.

Divorce, General Legal, Opinion

Careful of Your Online Footprint…

07/09/2018 BowTieLawyer Leave a comment

What goes on the internet stays on the internet!

I recently read the book Flim Flam. One theme that stuck out was that your activities through electronic devices leaves a footprint that can be traced back to you.

This is a good lesson for persons maneuvering a family law matter. Your digital footprint will lead back to you.

Hillary Clinton and Tom Brady know this and you should too.

Just like in real life, your mother told you (or divorce attorney) not to go places you don’t need to go. Well, don’t go there electronically either.

Matthew Thompson is a family law attorney in Mississippi cautioning you that your digital footprint may lead straight back to you.

(601)850-8000

http://www.BowTieLawyer.ms

Child Custody, Crime, Divorce, General Legal

Don’t take your Gun to Court.

06/22/2018 BowTieLawyer 1 Comment

The Mississippi Supreme Court has reversed a Lowndes County Chancery Court Judge’s Order which essentially banned firearms from all areas of the courthouse.

The Judge- by Taurus, a revolver capable of firing a .45 long colt or .410 shotgun shell. It is legal for Judges to carry guns, even on the bench in Mississippi.

This is somewhat controversially in light of several recent MS law clarifications on where one could and could not carry a firearm. A resident of the local community challenged the Court Order, alleging it contradicted state statutory law which limited broader restrictions to the wisdom of the legislature.

The law currently provides that if you have a concealed carry license and enhanced carry license endorsement you may carry in most public places, including Courthouses, so long as it is not in the Courtroom while Court is in session.

The Family law judges thought that did not go far enough and entered an Order, declaring the entire Courthouse a Courtroom, effectively banning firearms from the entire building.

The challenge was successful in having the Judge’s Order reversed. The Mississippi Supreme Court declared the Order an unconstitutional infringement on the rights of citizens to keep and bear arms.

“One of the clearest delegations of legislative power in our Constitution is found in
Article 3, Section 12. It provides: “The right of every citizen to keep and bear arms in
defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the Legislature may regulate or forbid carrying concealed weapons.” (Emphasis in original.) Without equivocation, the Legislature is the branch of government that the citizens of Mississippi chose to regulate or forbid concealed weapons.”

Justice Mike Randolph, Mississippi Supreme Court

The Lowndes County Chancellors have filed for a Rehearing and made several compelling arguments on why the Mississippi Supreme Court may have gotten this one wrong. Stay tuned for more.

Also, you may be wondering why the title says Don’t take your Gun to the Courthouse, even though the Supreme Court says you can, well, it’s just good advice.

Matthew Thompson is a Family Law attorney, gun enthusiast and practices in Lowndes Chancery Court and does not think family law litigants having guns at all times is a great idea.

Divorce, General Legal, Opinion

The Race is ON! Electing Judges Mississippi style.

05/11/2018 BowTieLawyer Leave a comment

In Mississippi we pick our judges like we pick class favorites. The winner is whoever gets the most votes. The qualifying deadline passed, just minutes ago, and below are your candidates.

This post is focused on certain Family Law Judge races primarily, because that is what I primarily do. I will expound on other judicial races in future posts. This link will take you to all of the candidates.

Races to Watch.

HINDS COUNTY

Chancery Court Judge Sub 5-1

Dewayne Thomas

Unopposed. Congratulations Judge Thomas.

Chancery Court Judge Sub 5-2

Patricia Wise – Current Chancellor – Withdrawn

The rumor mill had her retiring effective the end of this year and that appears true as she is not listed among the candidates.

Reginald Harrion

Qualified early and is in it to win it.

Crystal Wise Martin

Recently qualified. Interestingly, this is Judge Wise’s daughter. She was technically running against her mother for a few weeks.

Chancery Court Judge Sub 5-3

Denise Owens

Unopposed. The current Senior Chancellor is signing up for 4 more years. Congratulations Judge Owens

Chancery Court Judge Sub 5-4

Steven P. Nixon

Qualified early and was hoping to be the only candidate in the field. However, three additional candidates qualified to run for this spot this week. This is an Open seat due to Judge Singletary’s announced retirement.

Tiffany Grove

Qualified this week.

Monique Brown-Barrett

Qualified this week.

Ottawa Carter, Jr.

Qualified this week.

RANKIN COUNTY

Chancery Court Judge 20, 1

John C. McLaurin, Jr.

Unopposed. Congratulations Judge McLaurin.

Chancery Court Judge 20, 1

Tamekia Cooper Bennett

Mel Coxwell

Troy Odom

Place 2 is the race to watch in Rankin. Judicial stalwart John Grant is retiring.

Chancery Court Judge 20, 3

Haydn J. Roberts

Unopposed. Congratulations Judge Roberts

LAUDERDALE COUNTY

Chancery Court Judge 12 – 1 (includes other areas)

Charles E. “Charlie” Smith
Frances Smith Stephenson

This should be a tight race. This is an open seat due to Judge Mason’s retirement. The winner will have big shoes to fill with Mason’s retirement, but will have perhaps the best asset possible across the hall for all things Chancery, their colleague Judge Larry Primeaux.

LEFLORE COUNTY

Chancery Court Judge 7, Sub 7-2 (includes additional Delta counties)

Katherine Tackett Mills
Willie J. Perkins, Sr.
Richard W. Ryals, II

This is an open seat due to Judge Barnwell’s retirement.

SIMPSON COUNTY

Chancery Court Judge 13, 1

David Shoemake

Allen Buffington

Judge Shoemake had an opponent early on who withdrew to run for Andy Gipson’s position once Gipson was elevated (removed) from the legislature. Buffington is a familiar name, but it is NOT the previous Judge Buffington, that was Larry. This will be an interesting race to watch. Shoemake has some weak spots…

THE COAST

Chancery Court Judge 8, 3

Margaret Alfonso
Diane Herman Ellis
Sanford R. (Sandy) Steckler

This race is exciting because of the candidates. Judge Steckler is the incumbent. Judge Alfonso is a former Chancellor who left Chancery for Youth Court (County Court) and is now running. This makes a very recent former Chancellor against a current Chancellor and they actually served together.

Attorney Ellis, a practitioner, has some acclaim for a case of first impression in Mississippi that ultimately made law that a child born of the marriage, of a same-sex marriage is of the marriage, even though genetic material may have come from a different source.

There are other hotly contested races in Starkville, Hattiesburg, the Coast and other judicial positions. Stay tuned for the 411!

Matthew Thompson is a lawyer and will likely run for judge in 15-25 years. It’s never too early to start campaigning!