You Do NOT Have a Right to an (appointed) Attorney…in a Divorce

08/23/2018 BowTieLawyer Leave a comment

The 6th Amendment to the Constitution guarantees you the right to an attorney and a speedy trial, but this is concerning Criminal prosecutions…NOT divorce.

In divorce cases and most Family Law cases you do NOT have the right to a court appointed attorney.

The exception, Termination of Parental Rights cases, is only after a showing of financial inability.

The other time there’s a Court-Appointed Attorney, a Guardian Ad Litem, the parties still typically have to pay for that person from their own pockets and they represent the child, or more often are an investigative arm of the Court.

Do you need an attorney? Yes. Will the Court give you one? Probably not.

Matthew Thompson is a Family Law attorney in Mississippi.

Crime, Divorce, 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.

Divorce, humor

As seen in Oxford…

Image 08/10/2018 BowTieLawyer Leave a comment

http://www.BowTieLawyer.ms

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.

Divorce

Hire a Lawyer.

07/25/2018 BowTieLawyer Leave a comment

I see it almost every day, some DIY-divorce-in-a-box for the low, low price of $395.99 and it’s even “state specific!”

These are almost always a disaster. They are a disaster for several reasons, but primarily because they are so often wrong, incomplete and inadequate. There is no uniform body of law in our country for Family Law. Each state has their own take on things, nuances and requirements.

Most lawyers are not out just to get your money. They want to help, usually. They want to be paid for their experience, expertise and specialized education.

Are there some duds? Yes. But, if you spend a few minutes researching, ask a trusted friend or other professional, you can usually get aimed in the right direction.

It may cost a little more on the front end, but long term having it done right is worth it.

Matthew Thompson is a family law attorney in Mississippi and hires a lawyer when he needs one too.

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.