Category Archives: General Legal

Happy 4th of July

07/04/2013 BowTieLawyer 1 Comment

Today, most Americans will be celebrating this country’s independence. The 4th of July is commemorated as the day that the Declaration of Independence was adopted. Within this Declaration is the profound statement, the foundation of U.S. existence;

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Happy 4th and don’t stop guarding your inalienable rights of Life, Liberty and the pursuit of Happiness!

Matthew Thompson is a Family Law attorney and if you are seeking Independence from your current spouse or are seeking liberty and the pursuit of happiness, call me. I may be able to help.

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

Crime, General Legal, Opinion

Is Mississippi Open Carry?

07/01/2013 BowTieLawyer 2 Comments

The question above has been asked, searched, googled and pondered more than any other gun law query in recent months.

: MS Gun Law Roller Coaster

Mississippi was set to be an “Open Carry” state, joining about 30 other States, effective July 1. I say “was” because there is some doubt right now. The Mississippi legislature passed House Bill 2 set to “kick-in” July 1, which was signed by the Governor, making it law. However, a Hinds County Circuit Judge said not so fast. Judge Winston Kidd held that the new law was vague, issued an injunction – which is a temporary hold – and set a hearing for July 8. This came about based upon a motion of the Hinds County District Attorney, Robert Schuler Smith.

The gist of the issue is that House Bill 2 redefined a concealed firearm. It removed from the definition of concealed a pistol in its holster that is wholly or partially visible. This change was common sense. HB 2 also deleted the statement ‘that nothing herein may be used to authorize open carry…‘ This language being deleted was significant in that this law now could be construed to allow open carry at least to the extent that it no longer prohibited open carry.

It is also interesting to note that the legislators that voted in favor of this law that are now saying they did not understand it, were actually provided with the old law with the proposed changes added in bold and the removed language with a line through it, so that you could still read what was being removed. Not understanding is an excuse.

A senator that voted in favor of the change and then came out publicly against it stated, “the interpretation is that by putting that change in the law you allow open carry, and we don’t believe that the constitution provides for open carry,” –John Horhn.

Decide for yourself. The Mississippi Constitution holds, in part;

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. Art. III, § 12 (enacted 1890, art. 3, § 12).

Open carry is not prohibited by the MS constitution in any fashion. The arguments that MS will turn into the “wild west” are overstated and speculative at best. The places that are posting “No Firearms” signs, I think, will regret it, as only the law-abiding folks will pay that any heed.

Ultimately, I predict the injunction will be dissolved and life will go on- with Open Carry.

Matthew Thompson is a Family Law attorney and implores you to not Open Carry just yet, and when you do upon the law being upheld, to Carry responsibly.

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.

General Legal, Opinion

Congrats, Bulldogs!

06/26/2013 BowTieLawyer Leave a comment

Mississippi State jut concluded the best season in the history of MSU sports.

The baseball team finished second in the country in the College World Series. The players made the Bulldog nation proud during their time in the spotlight (with perhaps, the only possible exception being the guy with his jersey over halfway unbuttoned, bare-chested).

It is not often that a Mississippi team is playing for a national championship and for that, We Salute you! Job well done. We’re proud of you and we’ll get them next year.

#HailState

Matthew Thompson

MSU 1997-2001, intramural softball – starting pitcher.

Child Custody, Divorce, General Legal, Irreconcilable differences, Modifications, Opinion, Property Division, Visitation

Why is my Court Hearing Somewhere Else?

06/24/2013 BowTieLawyer Leave a comment

Mississippi has 20 Chancery Court Districts and 49 Chancery Court Judges, but Mississippi has 82 counties. Most Chancery Court Districts, therefore, include more than one county.

You file your case in your home county’s Chancery Clerk’s Office, most often. This is the appropriate “jurisdiction.” One District has a first and second judicial district, being Hinds County. Most districts, however, include more than one County. In that instance you still file in your home county, but you may well see the judge, have Court, and otherwise be in another County for your case.

I have been asked and have heard litigants try to use this as an advantage. Perhaps not having to testify at home, making witnesses have to drive, or having Court somewhere else will lead to a better result. It doesn’t. It is the same Judge, the same facts and in most instance just 30-45 minutes this way or that way from the other Courthouse.

One thing to remember when having litigation in multiple counties is to be mindful where the Court file is. It is the lawyer’s job to see that the Court file makes it to Court. I have seen time and again someone forget the Court file and the Judge be unwilling to take action until it can be retrieved or recessed until another day when it can be obtained.

I was involved in a 10th District case, commonly thought of as Hattiesburg, but had actual Court hearings in 5 different counties throughout the pendency of the case. In no particular order, we had a trial and motion hearings in 1) Forrest County, Hattiesburg; 2) Lamar County, Purvis; 3) Marion County; Columbia, a temporary hearing in 4) Pearl River County, Poplarville, and a motion for New Trial in 5) Perry County, New Augusta. Each hearing had the same judge, attorneys and parties, but were in so many different places because that is where the Judge was the days we had court appearances.

Matthew Thompson is a Family Law attorney, with a statewide practice, and recommends you hire a lawyer either in the area of where your case is or a lawyer who practices in that area.

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.

Child Custody, Divorce, General Legal, Opinion

Don’t Bring Your Child to the Divorce Lawyer Meeting.

06/20/2013 BowTieLawyer 2 Comments

Things happen. I get that. But, generally speaking you should not bring your child to your first meeting with the divorce attorney.

The first meeting with the divorce attorney is tough, emotional and can be embarrassing. At least, you could be discussing potentially embarrassing and confidential matters. This is no place for small children. They will be bored, hungry, thirsty, have to use the bathroom, and will break things in the office. They will eat all of the candy in the dish, touch all the nick-knacks, and if their sibling is there a fight will ensue. They will be loud, hot, cold, sleepy, wired, angry and goodness only knows what they will overhear and repeat at the most inopportune time.

Attorneys probably take for granted that the client knows not to bring their children to the meeting. Don’t. I try to make sure the client has thought about not bringing the children to the meeting. It is genuinely rare that there is no other option. So, if you are a client the only time to take the children is when the attorney requests it. Otherwise, do NOT take your children to the meeting. If there is no other choice, reschedule. If you cannot reschedule, let the attorney know that you must bring your children and bring another adult to watch the children.

Matthew Thompson is a Family Law attorney and implores you to please NOT bring your children to the meeting with the lawyer.

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.

Child Custody, Divorce, General Legal, Marriage, Modifications, Opinion

5 More What NOT To-Dos in Family Law

06/18/2013 BowTieLawyer 2 Comments

I have blogged on FaceBook Don’ts several times. 5 Family Law FaceBook Don’ts & 5 More FaceBook Don’ts. This one is a little more general, but are still things NOT to do in Family Law matters.

Don’t Follow Bad Advice Blindly. If your attorney advises you to break into the house and take everything, including the dishwasher and the stove, think twice. Who does that? Who gives that advice? How could a Judge ever think that was a good thing? Click here for more. Bad Advice = Bad Lawyer.
Don’t Make it a WAR if you Don’t Have to. It only makes the lawyers more money. You get less. Go to WAR only when it is absolutely necessary. Life and safety.
Don’t Solely Blame the Other Side. This piece is sometimes tough to swallow. That SOB you married may be mostly at fault, and sometimes completely at fault, but it’s rare that it is one side’s fault 100%. Acknowledging your culpability, at least to yourself, will help you process what you are going through.
Don’t Bad Mouth the Other Parent. It may be true. He may deserve it. You may tell the Judge, your counselor and your lawyer. No one else needs to know.
Don’t Forward the Children Communications Between you and the Other Parent. This is so inappropriate. Placing the children in the middle of a parental dispute is a classic symptom of parental alienation. If you are doing this you better watch out. You may not be able to stop the advice given in number 2, above.

Matthew Thompson is a Family Law attorney and tries to give good advice. It may still not be easy to follow, but it is designed to create less havoc, not more, usually.

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Child Custody, Child Support, Crime, Divorce, General Legal, Marriage, Modifications, Opinion

What’s the Right Answer? (Family Law Conundrums)

06/14/2013 BowTieLawyer 1 Comment

Basic Family Law 101: (in most instances)

If you don’t know what the “right” legal answer is, do what’s “right,” and you’ll be fine.

-Matthew Thompson

Matthew Thompson is a Family Law Attorney in Mississippi. That is all.

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

Crime, Divorce, General Legal, Opinion

When to Call the Police!

06/13/2013 BowTieLawyer 2 Comments

Family law cases can be very difficult, some even dangerous. There is a saying that Criminal Law cases, after the arrest, involve bad people who are acting their best, and Family Law cases involve good people who are acting their worst. So when does acting their worst warrant calling the Police/911?

Any Physical Abuse. This is a crime. Get yourself and the kids, get out of there and call 911. You will not lose the house just because you “left.” It’s not kidnapping to take the kids to safety. Do NOT tolerate Domestic Violence!
Believed Threats. If your life is threatened, or serious bodily harm is threatened and you believe it, leave and call the police. Now, sometimes people say stupid things and if he says something, but you don’t believe it or it’s sarcastic or a failed attempt at humor don’t try to make it more than it is.
Trespassing and Refusal to Leave. If you have an Order that gives you exclusive use of the house and he comes over and refuses to leave the police will make him or he can be arrested for trespass. If it is someone else’s property and she is asked to leave, whether there is an Order or not, and refuses that is trespass. Make sure you have a copy of the Order if you intend to seek that it be enforced.
Criminal Activity. Drunk driving, illegal drug use, activity that is dangerous to others.
Serious Injury/Emergencies. In the event of serious injury, whether intentional, accident or otherwise,do NOT hesitate because of “how it would look.” Call 911.

Law enforcement, generally, does not like getting involved in civil, domestic situations. They much prefer the lawyers and judges to sort these things out. And, when there is no Order, or no clear violation, they have to tread very carefully when they do get involved. Because of this, they look to who is the instigator, who is causing the trouble, and try to get that person to leave, to calm down, to end the dispute. It is also somewhat common for law enforcement to threaten the arrest of both parties when it’s a domestic call with no clear instigator.

One thing to be careful of is false calling, this can backfire. Calling when there is not a legitimate reason to does not “build” a strong case for divorce. However, if there is any abuse, or a genuine threat, ALWAYS err on the side of caution and call the Police/911. In a true emergency do NOT call your lawyer first, call 911.

Matthew Thompson is a family law attorney in Mississippi and if you find yourself in an Emergency call 911.