Paul asked:


My question mainly addresses and idea of
“The Power of Ten” as applied to …
Under aged Juveniles,
Felony Drug “Use” or Distribution,
& The family court system.

Would a court fine;
of the parent(s) or their juvenile children in their care; who is convicted of misdemeanor “USE” , “POSSESSION” and or “DISTRIBUTION” of illegal drugs, alcohol & tobacco
be a deterant using the idea of “The Power of Ten”?
1st offence $100.00
2nd offence $1,000.00
3rd offence $10,000.00

If the national court system adopted this would it work?
Would it be a good idea or bad idea? Your serious opinion please!

Quinton Haley

anonymous asked:


Where did you get the where-with-all to write your book (All But My Soul) people continue to ask seven years after its publication. This question has been presented to me so many times, I’m compelled to give you the answer in this article.

I didn’t write it; it wrote itself. Now I know that sounds ridiculous on face value, but that’s actually what did indeed happen. Here’s how.

Why I Wrote All But My Soul

First, I’ve known since the 80’s through studying the work of James Pennebaker, Ph.D. that when you write about trauma, it releases from the physiology. And I didn’t want to go to my grave with this drama.

Secondly, my children were being told by their father (and his family) that I abandoned them, yet nothing could be further from the truth. What actually happened is I was abused out of their lives.

And lastly, I had learned so much about domestic violence and the legal abuse syndrome, I wanted to put it out there for the hundreds and thousands of people who are in abusive relationships and those headed toward one.

I wanted to help them see the dynamics of battering relationships and understand how domestic abuse can be transformed into legal domestic abuse. I wanted them to know that if they were encountering family court denying them the right and ability to protect their children and themselves that their case was not an anomaly.

I also wanted them to have information to better protect their children and themselves. I thought that by knowing the common strategies used to railroad domestic violence survivors through the system at the bequest of their perpetrators to silence the abuse, they would have an advantage.

So my intentions where pretty clear but the writing, well that was a different matter. I simply didn’t know where to begin. I thought about it for about two months and wrote nothing more than an outline.

How the Book Was Written

Then one day I had the honor of speaking with Byron Katie after one of her events. I told her that I had been struggling with writing a book. I said, “I need to write this book, and I can’t seem to get it out of me.”

Katie looked at me and said, “No, you don’t have to write that book; the book needs to write itself.”

So, I went home and thought who do I want to hear me speak? I placed pictures of my children around my monitor and every morning upon awakening I went directly to the keyboard. Exactly 100 days from the day I began, I had a 400 plus page first draft of the manuscript (most of which is the final draft).

The Inner Ache to the Outer Release

But I think when people ask me that question, what they really want to know is how did I get around, or over, the anger and anguish to bring pen to paper rather than resorting to the destruction of those that impacted the life of my children and myself? Or, as some do…rather than resorting to the destruction of myself.

Here’s how. Each time I would come to a player in our saga that would make my hair stand on end, I would pull back and run those feelings through The Work until I could go to the keyboard and effortlessly write their chapter.

So for me it was a zigzagging between inner work and outer expression. Compounding this was the way I allowed the material to come to me up from the inner depths of my own quietude. When I’d fatigue from writing, I’d sit in meditation until another block of thought rushed forth running me back to the keyboard.

In many respects the book did write itself, and what I did was get out of the way. My hope for you is if you have a story to tell, you do all that is necessary to allow it to pour out from you to benefit all those who are drawn to it. It has meant so much to me to hear how my writing has impacted women worldwide over the years.



Emilie Bruce

Brad S Privett asked:


Once upon a time the definitive backyard toy and centerpiece of family fun was the swimming pool.  Summer days spent swimming and splashing around gave kids of all ages a place to stay cool and have fun with friends and family.  While the pool still has its place, backyards everywhere are upgrading their game to include a multitude of games courtesy of our backyard game courts.  At Outdoor Courts Ltd, we’re promoting a backyard culture where basketball courts, tennis courts, putting greens and more are always in play.  Choose your game, and we’ll literally help you bring it home.

Our multi-purpose game courts are committed to the concepts of family bonding and health.  If it’s true that the family that plays together stays together, then the installation of a game court is a positive step towards reinforcing family unity.  Our courts offer 15 different games ranging from basketball and tennis to pickleball, volleyball, dodge ball, badminton, and more as well as a host of court accessories.  Our surfaces were designed specifically to reduce stress and fatigue and to absorb impact, preventing injuries and soreness and encouraging your child to stay active.  Furthermore, each court’s suspended tile flooring ensures better traction and a more consistent bounce off the dribble, ensuring maximum performance each time a family member takes the court.

Of course if you’re going to add a backyard game court you’ll want to do it in a style that represents you and your family in a unique way.  To that end a number of custom design options are available, and not just concerning size and layout.  Each court is available in a variety of colors, and can also be fitted with the logo of your favorite sports team.  And with a number of optional court accessories to choose from including fencing, lighting, adjustable net systems, and more you’ll enjoy a surface and an experience custom made to your specifications each time you step onto the court.  And with turnkey installation, construction of your custom designed court is always completed in a timely fashion.

Imagine a scenario whereby you enhance the quality of your leisure time and your home while providing a gathering place for fun with family and friends.  It’s a win anyway you look at it, and as simple as designing a custom court designed with your family’s lifestyle and home layout in mind.  For other generations it was the swimming pool.  For a new generation the backyard game court is the gateway to family bonding and health.  Let the games begin!   



Maritza Henry

E Brooks asked:


Nothing puts a knot in the pit of your stomach in quite the way the way that going to a custody hearing  at family court does. One of the most frequent questions I see is “What should I expect?”. Well if you haven’t been there or your last experience was bad, then you will want to spend some time educating yourself about what happens and how you should both prepare and act.

Unless you are nearing the end of your court journey and heading to settlement conferences and the like, you will normally have about 15 minutes or less. Excuse me, but that 15 minutes is for your hearing, not the amount of time that you get to speak. By the time the judge speaks, your ex speaks and then you get to have a say you’re looking at about 5 minutes.

So your life and your child’s fate all comes down to how you spend your 5 minutes. Think about that for just a moment. You have so much to say and if you put yourself in front of a total stranger for 5 minutes, do you think they would see your side? Maybe. And now let that total stranger get 5 minutes with the ex telling them what a horrible person you are. What do you think will happen? Most people aren’t optimistic at this point. I mean how are you going to possibly explain all of the ugliness that your ex can put out in 5 minutes?

So now that you’re convinced no possible good can come from this hearing, let’s look at the title again. “What to expect at you first custody hearing”. You see the scenario above is what could happen if you don’t prepare. But what would happen if we did things a bit differently.

Take the case of a man I just helped prepare for his hearing. He was terrified that his ex was going to leave the state with his child and he would not be able to see her. You see she had remarried and was going to relocate to a military base. This wasn’t a threat, this was a foregone conclusion. He was desperate and knew that arguing wasn’t going to get him what he wanted.

He was right to be scared and absolutely correct that he would not accomplish anything by arguing. So what I did was taught him to focus his 5 minutes on the issue of his case. No matter what the ex accused him of or how she tried to change the conversation, he was to bring it back focus on not moving his daughter out of state.

When the court date came mother made some rather awful allegations about father and when the judge asked father what he thought of them, father responded, “these issues have no bearing on this motion”. The judge agreed and chastised mother. After that it was all downhill for mother and all uphill for father. They were ordered to evaluation and father was awarded temporary custody in the event that mother should need to move before evaluation was not yet complete. You see, what you need to expect is that the court will hear what you have to say. So choose what you want to talk about and focus your 5 minutes.



Tessa Colon

?karin? asked:


i tried looking everywhere, but maybe i’m not typing in the write words?

i need to research a family court case either pertaining to marriage, divorce, child custody, etc . what is a good site or url i could go to?

Patrick Frost

david slepkow asked:


The intersection between family law, criminal  law  and divorce in RI

Overview

A Rhode Island criminal domestic misdemeanor or felony case is often intertwined with complex issues concerning family law, child custody, child support, visitation, restraining orders and divorce. A Rhode Island Family law case is often intertwined with criminal law issues. In some cases there are three cases or more proceeding at the same time: a criminal case, a complaint protection from abuse and a divorce.  There also may be a dcyf, child support case, paternity  proceeding or juvenile proceeding pending. This article applies to misdemeanor criminal charges.

A misdemeanor is considered domestic if it involves certain family member, a spouse, girlfriend or boyfriend.  An assault, disorderly conduct, larceny and other criminal charges can all be charged as domestic offenses. Therefore, if there is a domestic violence component to an assault case, the case will be charged as a domestic assault rather than just an assault.

In the event that a person is charged with a domestic offense, a no contact order will issue. The No Contact order will preclude the accused from having any contact with the victim, his or her spouse or significant other.

A no contact order often reeks havok upon the family unit especially when the parties are married or have children. The police will remove the accused from his or her residence. This removal creates a whole new set of challenges for the family. In many instances, the accused is the sole support for the family. Also, there are often visitation issues that arise immediately. The accused often wants to visit his or her children.

The victim usually has her own opinions which may or may not include the desire for the accused to visit with the children. Furthermore, the accused often has the need and desire to obtain his or her personal belongings such as clothes, toiletries, tools, work items etc.Also, the victim may seek another restraining order from the family Court or District Court and may seek child support.

This article addresses the above mentioned complex  issues and answers the following questions:

Should I get a  Rhode Island Criminal  lawyer  or Divorce lawyer to represent me in a criminal law or divorce case in Rhode Island?

An attorney is needed but not required. The old adage is that a person who acts as their own attorney has a fool for a client. Lawyers / attorneys are familiar with the legal process, the law , the judges and the legal system. In a criminal case you have a right to a free criminal lawyer from the Public Defender if you meet the income and eligibility requirements.

What is the difference between a domestic offense and a non domestic offense?

Any offense which is charged as a domestic offense is more serious than the same charge charged as a non domestic offense. Under Rhode Island (RI) law, a person who is found guilty of a domestic offense or who takes a nolo contendere plea with a  sentence of filing, probation or suspended sentence must take batterers intervention classes. If found guilty of a domestic offense or if there is a plea bargain then a no contact order will enter automatically unless the victim is able to drop the no contact order.

A second conviction for a domestic offense in Rhode Island may lead to a minimum ten days at the aci! A third conviction for a domestic offense may be charged as a felony. Keep in mind that not all plea agreements constitute a criminal conviction. In RI any sentence with a suspended sentence,  guilty finding, plea of guilty, fine or period of incarceration constitutes a criminal conviction. A nolo contendere plea  with probation or filing with court costs does not constitute a conviction in Rhode island! A domestic conviction also will looks worse then a non domestic conviction on the accused’s record when seeking employment opportunities.

Also, sentencing is usually more harsh for domestic cases then a non domestic offense. Furthermore, in domestic cases a one year filing cannot be expunged at the end of the year. There is an additional two year waiting period to expunge a domestic filing. Please see my other article concerning Rhode Island misdemeanors for a comprehensive explanation of a one year filing in Rhode Island.

Upon entering a plea or being found guilty of a crime with domestic implications then the defendant will be ordered to complete a batterer’s intervention program which involves attending classes. The defendant can also be ordered to pay restitution to the victim if applicable and obtain substance abuse or mental health counseling. Failure to attend the Batterers classes, failure to pay restitution or failure to attend counseling could be considered a violation of probation, suspended sentence or a filing.

What is a no contact order?

In Rhode Island, A “no contact order” means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.

In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say “hi” if they walk by the victim by chance on the street.

A person can be arrested under Rhode Island law for violating a no contact order even if the victim initiates the contact and calls the defendant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.

Dropping / dismissing the no contact order

The police cannot drop a no contact order. Only a judge can drop a no contact order. The victim can attempt to drop the no contact order at the arraignment. Prior to approaching the judge at the arraignment, the victim must speak with the domestic violence counselor at Court. The judge may dismiss the no contact order at the arraignment.

However, in the event that the alleged abuse is severe or there is a documented history of abuse then the judge may refuse to drop the no contact order. The no contact order may not be dropped by the judge if the victim states that she is still afraid of the accused.  It is much easier to drop the no contact order  at the pretrial hearing then it is to drop it at the arraignment. Some judges are hesitant to drop the no contact order at the arraignment. The judge will typically ask the police who are present at the arraignment whether they have any objections to the no contact order being dropped

Can the victim dismiss the no contact order after the arraignment but before the pretrial conference?

In the event that the victim wants to drop the no contact order after the arraignment but before the pretrial the victim can go to the clerk and ask that the file be brought in front of the judge. After conferring with the domestic advocate the judge will rule on whether the no contact order will be dropped.

Can the no contact order be dropped at the pretrial conference?

The victim who wants to cancel the no contact order will have another opporunity at the pretrial conference. The pretrial conference is typically scheduled a couple of weeks after the arraignment. At the pretrial conference, the victim can approach the judge and again seek to have the no contact order dropped

Will the criminal judge in District Court resolve visitation or custody issues?

No.

The criminal Court will not get involved in any family related issues such as child custody, child support, alimony ,paternity, relocation out of state, equitable division of marital property, visitation, payment of marital bills, payment of mortgage, payment of credit cards, disposition of the marital real estate, etc.  Those issues are the province of the Rhode Island Family Court not the District court !The District Court is where criminal  misdemeanor cases are heard.

The Court has the power to order restitution to the victim for any actual damages suffered by the victim as a result of the crime such as destruction of property, medical bills, stolen funds etc.

The District Court in a criminal case cannot be involved in setting visitation or dealing with issues concerning divorce or custody of the minor children. The Rhode Island Family Court is the proper Forum for dealing with issues related to divorce and child custody such as: child support, visitation, financial restraining orders and issues concerning marital property, marital real estate and debt.

Obtaining personal belongings (property) when there is a no contact order.

There are several proper ways for an accused to obtain his / her personal belongings when there is a no contact order in effect. Personal belongings usually consists of personal property such as clothes, sneakers, uniforms, personal effects etc.  The accused can contact the police department where the victim resides and seek to make arrangements to pick up personal belongings. The police will often escort the person to the home. The downside of this arrangement is that the police often are in a rush and enforce a severe draconian time limit.

If the accused has a private attorney, he can contact the victims attorney who can contact the victim to make arrangements . This can have its pitfalls because  the victim may be hostile  or  the victim may have no interest in negotiating

The accused can attempt to arrange to get his belongings through a third party. The accused must be careful not to violate the no contact order.

When does a no contact order in Rhode Island (RI) expire?

A no contact order expires when the sentence period is finished. A no contact order also expires if the case is dismissed or the defendant is found not guilty. The no contact order expires if the judge terminates the no contact order at the request of the victim.

Be careful because there may also be another restraining order issued as a result of a divorce or Family Court matter or a District Court restraining order!

What happens if a person on bail, probation, filing or suspended sentence violates a no contact order?

A person who is on probation, bail or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order.

A violation of a no contact order is a crime in itself which is also a violation of the conditions of probation, filing or bail . A person on probation or bail can be held at the ACI if they are accused of violating a no-contact order. For example, if a person is on probation or bail, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI.

A probationary period  or filing period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble! A person must be even more vigilant if there is a no contact order, order protection from Abuse from The Rhode Island Family Court or restraining order in effect. A violation of a no contact order or a Family Court restraining order is a violation of probation.

A person with a suspended or stayed sentence faces the most potential risk regarding violation of probation in RI.  As a result of a probation violation of violating a no contact order,  a person with a suspended sentence could be ordered to serve the remainder of the suspended sentence at the adult correctional institution (ACI)

For Example, a person with probation may get themselves deeper into trouble when they resume communications or contact with their wife or girlfriend despite the fact that a no contact order is in effect. If there is an argument or allegations of domestic assault or abuse, the police may arrest the person and hold him/her at the aci as a probation violator as well as new charges for domestic assault and violation of a no contact order or restraining order.

Rhode Island Family Court restraining orders: (1) Complaints Protection from Abuse and (2) ‘Civil restraining orders’ and how they relate to criminal law

 A defendant must Be careful! There may be a separate order protection from abuse restraining order that issued from Rhode Island Family Court as a result of a complaint protection from abuse. The Family Court has jurisdiction to issue  an  order protection from abuse restraining orders for up to three (3) years. The Family Court can issue restraining orders for persons who are married, are divorced, are family members or who have children in common as well as other jurisdiction set forth in the statute. There may also be a restraining order issued by a Court of another state or another Court

A protection from abuse case is not a criminal case. Violation of Family Court Complaint protection from Abuse restraining order is a crime in itself and also may constitute a violation of probation, bail and violation of conditions of a filing.

There are two types of Family Court restraining orders, “Complaint Protection from Abuse” and a civil restraining order. Both of these types of Restraining orders can be in addition to divorce proceedings.

Is Violating a Family Court restraining order which is not an order protection from abuse a crime?

No. A violation of a  Family Court restraining order which is not a Complaint Protection from Abuse is  not a crime. Violation of this type of order is punishable by contempt. However, If the restraining order contains language that violation of the order is a crime then there might be criminal implications.

Civil restraining orders are not nearly as effective as Complaint Protection from Abuse restraining orders. Civil Restraining orders are typically part of a divorce.

In a complaint protection from abuse case in Rhode Island can the Court get involved in Child custody, visitation and child support.

Yes. In a Complaint Protection from Abuse case, the Family Court can award temporary child support, visitation, and temporary custody of the children. The Court can also award visitation and in some instances may order supervised visitation. The Court can order that the Defendant vacate forthwith and remain out of the household. The Court can also order that a person take batterers classes or drug and alcohol counseling. The Court can order drug and alcohol testing. The Court can also order the Defendant to surrender possession of all firearms / guns to the Police department.

Is a violation of a Rhode Island District Court Restraining order a crime?

Yes.

 

When should a Restraining orders  be filed in District Court?

If the restraining order is against a current boyfriend or girlfriend or an ex boyfriend or girlfriend who you had a substantive dating relationship within the prior year but you have no child with, then Rhode Island District Court is the proper Forum.

If you have a child with your current or ex boyfriend/ girlfriend then the restraining order should be filed in the Family Court.  A restraining order against a current roommate can be filed in District Court.

RI Superior Court Restraining orders:

If you are seeking a restraining order against a prior friend, neighbor, landlord or anyone else then the restraining order must be filed in Superior Court. Violation of a Superior Court restraining order does not constitute a crime. Violation of a Superior Court Restraining Order is punishable by contempt which could potentially lead to a period of incarceration.

What is the difference between a restraining order and a no contact order?

A no Contact order is an order issued as a result of a criminal charge. A no Contact order issues at an arraignment either at the police station or at Court. Violation of a no contact order is a crime in itself and may constitute a violation of Probation or a filing. A no contact order expires when the case is over (dismissal or not guilty finding) and at the end of any probation, filing or suspended sentence.

A Restraining order stays in effect until the date designated on the restraining order. A Restraining order will stay in effect even if the defendant is found not guilty or the criminal case is dismissed.

If there is a no contact order protecting me should I also obtain a restraining order ?

It Depends. A no contact order expires when a case is dismissed; a person is found not guilty or after any sentence expires.

The No Contact order will expire when a probationary period or filing or suspended sentence is over. If you feel you need protection in case the no contact order expires and are in fear of the person then you may consider seeking a restraining order in addition to the no contact order.

If there are issues concerning child support and visitation then you may want to seek a restraining order in addition to a no contact order!

Resolving issues concerning custody and visitation of children as well as divorce and family related matters when a criminal case is pending:

If your spouse or girlfriend or boyfriend is preventing you from visiting or talking to your child as a result of a criminal case or no contact order then you may need to file for divorce or a separate action for custody or visitation in Family Court.

The Family Court can set visitation and child support as part of a Complaint protection from abuse restraining order. In some instances when domestic violence is alleged or there are issues concerning alcohol, drug abuse or mental health then the Family Court may order supervised visitations. These Supervised visitations may occur at the Providence Family Court or may be supervised by a third party.

Can the defendant testify in The Complaint protection from abuse hearing when he or she has a pending criminal charge?

 

This is an important determination for the defendant. The defendant must consult with his / her attorney and weigh the pros and cons of testifying in the hearing. A defendant in a criminal case has the right to take the Fifth Amendment and not testify in the case. A defendant in a complaint protection from abuse case must be careful because any testimony in the abuse case can be used against the person in the criminal case. The defendant can seek to continue the abuse case until the criminal case is resolved.

What County in the Rhode Island Court system will criminal law and divorce cases be heard?

Al the counties in Rhode Island (Providence, Kent, Newport and Washington County) follow the same general rules and procedures.   Providence County includes East Providence, Providence, Cranston, Cumberland, Barrington, Bristol, North Smithfield, woonsocket and other towns and cities. Kent County includes Warwick &  North kingston, East Greenwich as well as other towns. Newport County includes  Newport, Middletown & Portsmouth. Washington County includes South Kingstown, Wakefield etc.

Rhode Island Attorneys legal Notice per  RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers  in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice.



Gaige Rosario

chelita2love asked:


i have a court case number for family court how do i look up that case without going to the court house? the court is in norwalk, ca PLSE HELP

Anjali Peters

Candy W asked:


Going to family court today, spouse has assault charge on him.
Will temporary visitation be granted or do you have to go thru your divorce atty. to set up visitation?

Mateo Strong

Daniel Butler asked:


Don’t get caught out by the new rules on privacy laws which allow the media to attend many private family court hearings where previously they would have been excluded, says family law solicitor Anne Blenkinsop.

The rules, which came into force on April 27 2009, aim to encourage greater openness in future.

Anne, a partner and a collaborative lawyer* at leading regional law firm Furley Page, explains: “While the majority of such proceedings won’t be of interest to the press, there is always the chance that a reporter will ask to be admitted to the court room. They might be present, for example, when the court fixes the time table for financial disclosure and valuation of assets – or at the final hearing at which the assets are divided.

“But even if they are permitted to attend a hearing, it doesn’t give them the right to see private documents. Neither can they necessarily communicate information relating to the proceedings to the public.”

The media is excluded when the identity and interests of a child, a party or a witness need protection. The court can make this decision after hearing representations or on its own initiative.

* The collaborative family law process is a relatively new way of dealing with family difficulties and aims to resolve disputes in a fair way. It involves private face-to-face meetings between a separating couple and their solicitors and is felt to be preferable to the standard procedure of negotiating by letter and telephone. Both parties and solicitors sign an agreement to resolve the couple’s differences without going to court. If successful, their case would then be unlikely to attract any media attention.



Kari Santos

Stupid girl I should’ve know asked:


They never seem to make the right decision with disputes. They are totally currupt.

My father is being charged with harassment because he told my moms boyfriend to “stop yelling at my children” well except with more swear words. Now my moms boyfriend is taking him to family court and he could go to jail!
My moms boyfriend said he “feared for his life” mmhmm.

Hannah Black