Category Archives: Opinion

When to Call the Police!

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.

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One Stop Shopping! (Don’t Stop Here…)

 

Matthew Thompson is a family law attorney in Mississippi and if you find yourself frequenting any of these places more than absolutely necessary…MOVE!

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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

Don’t Hate.(At least not in public or a documentable fashion)

In family law it is easy to lose your cool.  It is easy to react, to lash out and to tell that good-for-nothing so-and-so just what you think. But, don’t!

Stuart Miles/freedigital photos.net

No good comes from telling him off.  There is no use in demonstrating how crazy she is. She won’t change and if it’s coming from you it’s probably a dirty trick. At least she thinks so.

The urge to send that hateful text or email is strong, but you cannot take it back once you do.  You figure, well he is a “SOB,” or she is “CRAZY!”  But emailing, texting or screaming at the other party brings you down to their level.  Sometimes in divorce the high road is lonely and not fun, but take it anyway. It serves your needs.  And sometimes there is no high road, just lesser degrees of the low road.

This is tough advice to give and harder advice to take.  But remember, every email and text is being reviewed, saved and printed.  It is much easier to not send the hate than to try to explain to the judge why you sent 35 messages of what terrible a human being the other person is, while trying to argue that you are the reasonable one in the relationship.

Examples of what  NOT to send;

“I H8 U!”                                        “F#(% YOU”

“DIE!!!!”                        “I never LOVED U!!!”

“You can have everything.”                    “I don’t want nothing!!”

More on what not to do; 5 FaceBook Don’ts and  5 more FaceBook Don’ts.

So, who can you complain to?  Your mother, lawyer, counselor or any of the three.  No one else, though.

Matthew Thompson is a family law attorney in Mississippi and suggest that you NOT send that hate-filled message. It may come back to haunt you.

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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

-Every Other Weekend- It’s not just the weekends anymore.

“Standard” visitation is a term thrown around by lawyers and the Courts, but there is no such thing in Mississippi.

Having said that, Judges do have a standard visitation schedule.  Confused yet?

Standard visitation is thought of as every other weekend, from Friday at 6:00 pm until Sunday at 6:00 pm.  It  includes Wednesday afternoons from 4:00 pm to 7:00 pm during those weeks a parent does not have weekend visitation, and 4 weeks in the summer (non-consecutive), and alternating major holidays.

One of the most difficult things to explain to a divorcing parent who will no longer be living with their children is that they may not be able to see the children anytime they want to.  This is disturbing to me, to them and it should be to the Courts.  That just because a mom and dad are getting a divorce that they can no longer live with or be with their children a substantial amount of time.

I encourage generous and liberal visitation. I encourage joint custody, but acknowledge there are circumstances where it is not best.  Also, there are some parents that don’t want it.  Every other weekend is fine.  The parent can work and go out and have a life and then have a fun weekend with the kids, while the other parent is harping on them about grades, homework, bedtime and being well-behaved.  It seems there is always a “Disney Dad,” that has elaborate trips and fun planned for his weekend, while the full-time mom is making egg-carton planters, explaining the wonders of growing bell peppers from seeds.

So what do you do?  Be reasonable.  Look for ways to allow the other parent to actually parent. Click here for the best thing you can do for your child! If you are on the receiving end of every other weekend, seek more. Ask for it.  There is a trend in the law where non-custodial parents, usually dads, are getting more time.  In fact, in Rankin County Mississippi there is a judge who regularly awards every other weekend, but defines it as Wednesday to Monday every other weekend.  The pick-ups and drop-offs are at school.  There is less opportunity for mom and dad to have contact and typically less conflict.  It affords a non-custodial parent a lot time.  This may not be right in every situation, but it is better than the alternative, usually.

Matthew Thompson is a family law attorney in Mississippi and thinks parents should continue to be parents even if they are no longer living together.

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Divorce Not-So-Funnies

On the heels of “Divorce Funnies” posted earlier this week, comes the not-so-funnies.  These may hit a little too close to home, but ultimately funny, too.

      

 

      

 

Matthew Thompson is a family law attorney in Mississippi and has never put an outboard motor on a dining table.

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.

Divorce Funnies

  

  

    

“You can turn painful situations around through laughter. If you can find humor in anything…you can survive it.”

-Bill Cosby

Matthew Thompson is a family law attorney in Mississippi and encourages you to keep your sense of humor.

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.

 

Stop to Taste the Honeysuckle.

I did something this weekend that I apparently had not done in years. I stopped to taste the honeysuckle!

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We are celebrating Memorial Day with some friends in Nashville. Among the many, many things to do, we also hiked up to Fort Granger in Franklin, TN. This was the site of the Battle of Franklin during the Civil War.

Along the trail was honeysuckle. We stopped, picked a few, pulled out the stamen, bit off the tip and enjoyed the sweet nectar, literally. The children were in awe.

It reminded me of the cliche, the little things in life matter. Stop to smell the roses. Stop for school buses and stop and taste the honeysuckle. Enjoy the nectar of life.

Remember Memorial Day!

 

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.

Car Wreck Attorney = Car Wreck Divorce

Hiring a Non-Family Lawyer for your Family Law Case May NOT be Best. I am not disparaging Car Wreck attorneys, except to the extent that they should not be taking on a contested divorce case unless they know what they are doing.

All too often I find myself dealing with a client’s divorce after the fact.  After they had a non-family law attorney “handle” it for them.  It is NOT pretty.

There is a misconception among attorneys that regardless of anything else, you can always do Divorces and Wills.  This claim has shown true, especially in the economic climate we are currently experiencing.  There is a glut of “divorce” attorneys who aren’t.

The benefits of having an experienced attorney handle your matter are countless.  An experienced attorney knows the ins and outs of the law, knows the particulars of the local judges, and knows the other attorneys that practice in the area.  This knowledge and experience is INVALUABLE.  Additionally, experience is the best teacher.  Practicing family law for close two decades, or longer, is always advantageous to 1) having studied domestic relations in law school and 2) helped your neighbor’s cousin in his divorce.

Want to know that you are being represented and represented well, get an attorney experienced in the area of law you need.  Want your divorce to be a Car Wreck, hire a Car Wreck attorney.

Matthew Thompson is an experienced family law attorney in Mississippi and would hire a car wreck attorney to handles his car wreck case, not a divorce.

Follow the blog: BowTieLawyer 

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