Recent Blog Posts in October 2009 |
| October 27, 2009 |
| Temporary Restraining Order -Protection for Victims of Domestic Violence |
| Posted By Lance Claery |
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Experiencing domestic violence is one of the most horrific experiences a person will ever endure. Domestic violence is especially egregious because it is a torturous act committed by someone who may be loved, trusted and depended upon by the victim; even a spouse, domestic partner or the other parent of one’s children. Oftentimes victims may live with the aggressor and have to endure ongoing physical and emotional harm. This is especially concerning when children are in the home and either witness the violence or are physically or emotionally abused themselves. Victims of domestic violence are not only scared but also may feel alone and helpless. This is because perpetuators of domestic violence frequently isolate them from their loved ones, family and friends, while putting on a charming facade. However alone one may feel, that does not need to be the case. An aggressive attorney can make a huge difference. A temporary restraining order may be sought in family court. The order may protect the victim and others who live in their home, including children. If the aggressor lives in the home, an order for him or her to move out (a” Kick Out Order”)may be sought. In addition, a request for a divorce, custody and a motion for child
and spousal supportmay be filed in certain circumstances. The restraining order request may be filed and temporary protection could be obtained before the perpetuator even knows the victim is taking action. The restrained party would be served with the order once it is already in place. It is critical for a victim of domestic violence to find an attorney who they trust and are comfortable with. A combination of clear communication, aggressive representation and compassion is critical. With the right law firm behind them, the victim will no longer feel alone. In fact, he or she should feel like they have a team of advocates on their side.
Lance Claery
Partner, Claery & Green, LLP |
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| October 26, 2009 |
| Why I Pursued a Career in Family Law - Nicole Negron, Esq. |
| Posted By Posted By Nicole Negron, Claery & Green, Attorney at Law |
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Working with clients is the most rewarding aspect of family law and one of the many reasons why I pursued a career in family law. I believe the client should be the center of the case. I enjoy working with a client from beginning to end, helping them with each crucial step of their case. Additionally, due to the high number of divorces every year, I believe that I can make a difference in how these divorces are handled. Claery & Green’s goal of providing assistance through collaborative divorce is just one of the many ways to assist spouses. While I enjoy working in the courtroom, I also believe that some cases are best handled without litigation. Finally, I have a strong passion for representing children and their best interests. During a divorce, a child’s interests are often put aside and the focus is placed on the parents. I enjoy helping children be heard and representing them during one of the most difficult times in their lives.
Nicole Negron
Attorney at Law
Claery & Green, LLP
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| October 26, 2009 |
| What Zealous Advocacy Means to Me - Cliff Eisenhut, Esq. |
| Posted By Cliff Eisenhut, Claery & Green, Attorney at Law |
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A
dissolution or
custody dispute is often one of the most difficult times in a person's life. This makes it imperative that an individual, when faced with these situations, has a
team of dependable, compassionate, and zealous advocates. I am committed to offering my clients this type of representation because I know that when they are facing some of the most vulnerable and trying moments of their lives, they need a capable attorney to aggressively protect their rights. I make it my mission to be at my best when my clients are coping with their most challenging
family issues. Ultimately, I offer my aggressive advocacy to help my clients put their darkest days behind them and achieve the fresh start that they deserve.
Cliff Eisenhut
Attorney at Law
Claery & Green, LLP
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| October 26, 2009 |
| Preparing for a Family Court Services Mediation |
| Posted By Lance Claery |
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When child custody is an issue in your litigation you will attend a Family Court Services ("FCS") mediation (scheduled by the court)if you are litigating in California. This mediation is exclusively dedicated to your child custody issues. This is the policy in California- whether you are in a large city such as Los Angeles and San Diego or even a in small town. It is critical that you are prepared for your mediation. This includes talking to an experienced family law attorney in advance of your mediation appointment. There are many things a person may do prior to their FCS mediation which will increase the chance of a successful mediation.
Many individuals seek the assistance of a lawyer after their mediation because they felt pressured during the session into agreeing to a parenting plan that they are uncomfortable with or because they failed to state something during the mediation that was relevant. If an agreement is not reached, the mediator will make a recommendation for a parenting plan and a designation of a primary custodian. Although these recommendations are not rubber-stamped by the judge, they are given heavy weight.
Obtaining an attorney prior to your mediation will help you prepare for the session. Also, an attorney may prepare declarations and third party statements. A lawyer will make sure these and other important documents are properly filed, served and sent to the mediator in advance. The mediator will not consider them if the proper procedure has not been met.
If you have attended a mediation which resulted in an agreement you are not comfortable with or resulted in an unfavorable recommendation, do not give up. It is always a judge who makes the order. You may obtain an attorney to assist you in court, request a comprehensive custody evaluation, prepare further declarations and or lodgments or even request an evidentiary hearing so witnesses may be called—including the mediator. This will dramatically increase your chances of obtaining a parenting plan you are comfortable with.
Lance Claery |
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| October 25, 2009 |
| Child Custody Move Away Requests |
| Posted By Lance Claery |
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If you are considering moving out of the state of California with your child (a “move away” request) and the other parent does not agree, or if you are trying to prevent a move away, a great deal of care must be taken to further your custody cause. Regardless of which side you are on, It is important to talk to a family law attorney who has experience both obtaining move away orders and preventing them. There are specific factors a judge must consider. Helpful facts pertaining to your position must be presented to the court and the opposing argument must be anticipated and refuted. A family law lawyer will know what facts to cherry pick and present to the court. Perhaps even more importantly, he or she will know which statements to avoid in a party’s pleadings—sometimes common sense and legal sense do not match up. Any order pertaining to a move away request will have a dramatic effect on both parties and on their child(ren)’s relationships and lives. An experienced family law lawyer can help a great deal.
Lance Claery, Partner
Claery & Green, LLP
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| October 13, 2009 |
| Going Through a Difficult Divorce? |
| Posted By Lance Claery |
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Going through a difficult divorce? Disagreeing with your ex about child custody and visitation? Dealing with domestic violence? Ending a domestic partnership? Fighting over child support or spousal support? If you are going through any type of family law litigation, you may feel stressed, anxious or even scared. It is important that you look out for your overall well being during this time in your life. It is critical that you find an attorney you feel comfortable with and trust to help you get through your legal matter. You and your attorney should have an open line of communication and you should know that they understand your position and goals. This will help take away a great deal of the stress you are feeling. This will also provide you some time to focus on yourself.
So what else can you do to get through this difficult time? Encourage yourself to participate in the hobbies and activities you enjoy. Perhaps you could read an inspiring book, take a class to learn something you’ve always been interested in, go to a museum and appreciate the artwork or even take up a new hobby. If you are feeling stressed you may want to talk to a counselor to learn tools to deal with the stress. Also, focus on keeping healthy. Chris Keith, a personal trainer and fitness instructor, states that a healthy diet along with exercise may help improve one’s health, increase self esteem and even reduce stress. (Of course you should always consult with your doctor before starting any exercise regimen and/or changing your diet). Most importantly, keep in mind that this time of transition will not last forever.
You will get through this.
Lance Claery
Partner, Claery & Green, LLP
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| October 13, 2009 |
| Welcome to Our Blog |
| Posted By Claery & Green |
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The entire team at Claery & Green wanted to use our first blog entry to thank our clients for providing us with an opportunity to meet their needs. We understand that individuals who are dealing with the types of legal matters we handle (divorce, child custody, domestic violence, paternity, domestic partnership, security clearance, guardianship, child support, spousal support , and all other family law matters) are going through a difficult, emotional and stressful time in their lives. It is each and every member of this firm’s strong desire to alleviate the stress our clients may be feeling; strong and zealous advocacy is essential to accomplish this. We want our clients to know that they have a team of advocates looking out for their interests at Claery & Green. Helping individuals get through difficult times is a passion of each member of this team. Once again, thank you from Lance Claery, Jim Green and the entire staff at Claery & Green.
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