Author: redheadedlaw

What To Do If You Are A Victim of Spousal Abuse

Written by redheadedlaw on October 26, 2015. Posted in Child Abuse, Domestic Abuse, Domestic Violence, Health, Mental Health.

If you are in a relationship with an abusive partner, you might feel trapped, helpless or have no idea where to turn. Knowing what steps to take to move forward in your life is extremely important for your wellbeing.

Report the Abuse

First and foremost, call 911 or your local police department to report the domestic abuse and file charges against your abuser. It’s important to keep a record of the abuse, so write down the report number from the police report, to save with your documentation.

According to the National Coalition against Domestic Violence, “On average, nearly 20 people per minute are physically abused by an intimate partner in the United States.” (Source: http://www.ncadv.org/)

Understanding that you are not alone in your situation and you’ve done nothing to cause the abuse will help you move forward in bettering your situation.

Seek Medical Help

Only 34% of people who are injured by intimate partners receive medical care for their injuries. (Source: http://www.ncadv.org/).

Domestic violence leaves scars that can take several years to heal. While it’s important to seek medical attention for any immediate needs, it’s also necessary to seek professional help and counseling to aide you in the process of moving on.

Create a Safe Plan

Planning ahead is essential to keeping yourself and your family safe. Have a list of places you can go, perhaps a family member’s home or close friend’s house, when you are forced to leave your home. When creating your plan, consider where you will go, where your children will go, what to bring with you and how you will get there.

For an idea of what type of things to plan for, download this domestic violence personalized safety plan from NCDSV.org.

Think of Your Family

Domestic violence impacts your entire family and it’s important to find the support and provide guidance to your children involved in domestic violence.

According to www.safehorizon.com, “Children exposed to domestic violence at home are more likely to have health problems, including becoming sick more often, having frequent headaches or stomachaches, and being more tired and lethargic.”

Be sure to remember your children’s needs throughout the entire transition and make arrangements to keep them healthy, both mentally and physically.

File a Protective Order

By filing a protective order you can ensure your safety and your family’s safety. Under a protective order, the abuser is prohibited from assault, direct communication, visiting place of resident or place of work.

If you or someone you know is suffering from spousal abuse, do not hesitate to reach out for help. You can call the National Domestic Violence Hotline for free to speak with a trained advocate and get the support you need. If you are in the Houston area, there are shelters and resources available to you through the Family Violence Unit and the Houston Bar Association.

How to Make the Divorce Process as Easy as Possible

Written by redheadedlaw on September 22, 2015. Posted in Attorney, Child Custody, Child Support, Divorce, Lawyer, Marriage.

Divorce isn’t easy. Typically, it’s a long, emotional and drawn out time in your life that you never imagined would be a part of your story.

While we all agree that getting a divorce isn’t easy – there are several ways that we can make the divorce process easier.

Communicate with your Ex

Sounds crazy, right? But having an open line of communication with your ex can allow you to have an easier divorce. Whether the communication is done via email, phone or through your lawyer, it will help in several ways:

Saves you money
Keeps the divorce moving forward
Maintains your integrity

While every situation is unique, I recommend that you set boundaries when it comes to communicating with your ex during the divorce; I would never want anyone in a situation that they don’t need to be in. With certain divorces, some couples shouldn’t communicate except through a lawyer. For example, DO NOT use this advice if you feel that your spouse is so controlling, you could possibly enter into an agreement that you don’t really want.

Plan ahead for child custody

If children are part of the divorce, try to plan ahead on what makes the most sense for your family while keeping your children’s best interests in your mind. Think about schedules and schooling in order to arrange the best custody agreement for them. Having a jointly agreed upon idea will help move the custody portion along while keeping things easy for you. Remember, children psychologically see themselves as one-half of each parent. Parents who work together to maintain this whole for their children will see healthier, happier children who will transition much more easily through the divorce process.

Let it go

Assets, relationships and your old life are things of the past. Being able to emotionally let all of these things go will save you time and energy throughout the divorce process. It’s difficult to split the house, cars, and debt that have accumulated over the years, but it is part of the entire process.

Prepare yourself to detach from people and things, prior to the divorce becoming final, so you can move on quicker.

Hire a divorce lawyer

Having someone that you can trust, that supports your best interests, gives you a peace about the entire process. Divorce lawyers know the ins and outs of what you’re going through and are there to help you.

A divorce lawyer understands the process and can handle the courts of law much better than if you were to represent yourself. More than any other time, this is the time that you need an advocate, somebody who knows the law and at the same time is looking out for your best interest. Some of the biggest legal disasters are do-it-yourself divorces which basically have to be redone later, costing more in both time, money and stress. Save the DIY for home projects.

Take time for yourself

One of the most important things to remember during your divorce is to take time for yourself. I tell my clients to do whatever it takes to relax. Plan a weekend getaway or a spa weekend, to keep your mind off of the divorce.

Making the divorce process easier will not only speed things up, but it will give you a peace during one of the most unsettling moments in your life.

Personality Disorders in Divorce

Written by redheadedlaw on August 10, 2015. Posted in Divorce, Domestic Abuse, Domestic Violence, Mental Health, personality disorder.

Recently I read an article entitled “Personality Disorders in Divorce” by Jim Dolan. That got your attention, didn’t it? I can hear a lot of you saying, “I know my ex has one of those! He (she) is crazy! Let me just tell you….” As a divorce attorney, I see people on both sides of divorces do lots of “crazy” things that they would not otherwise do. Here in Spring, a woman was just recently arrested for putting a hit contract out on her husband who she is in the process of divorcing. Their court files shows ongoing conflict, threats, assault and charges on both sides. So, as Mr. Dolan correctly points out, many lawyers and judges believe that both parties are equally at fault. But aren’t some people really “crazy” anyway and it just gets worse during a divorce? Well, it turns out that might be true.

Mr. Dolan identifies three personality disorders (he calls them the “Big Three”) which can make an otherwise typically “crazy” divorce become one in which one person is truly the victim.

Here they are: the Narcissist, the Borderline, and the Anti-social

The Narcissist, typically male, is your charming “bad boy” with big ideas and not much to back them up, may not work much, doesn’t care about anyone else’s feelings. He is the one who is going to punish you if you try to escape. Be careful with this one. He is out to exact revenge on you for even thinking of leaving.
Then there is the Borderline, usually female, drug or alcohol issues, parental abandonment, chaotic family background, often a crime victim. She thinks she can “buy” a good, solid relationship with intense sex. All hell breaks loose when she hooks up with a Narcissist. Think Fatal Attraction with Michael Douglas.
The Anti-social, our third PD, is more often a man who is witty and charming and may be in a position of power. He looks for a woman who wants to be taken care of. He needs to control the woman he is with. Violence and drug abuse are unfortunately behind the charm.

If you are currently going through a divorce and your spouse exhibits these symptoms, you should seek counseling early on to learn how to cope and to help your children cope. You are not going to change the person so, as they say, you can only change yourself. You may be in for a long, stressful, seemingly never-ending road of conflict. You need to understand that you are not at fault. You will need professional help. If you see yourself in one of the “Big Three” then you also need counseling. You need help so that you find peace with yourself, and so that you do not permanently damage your children. If you are not married, then you will want to carefully consider any relationships so that you do not fall into one of the “Big Three” traps.

I am not a psychologist, but I have seen these personality disorders and the pain they cause. Mr. Dolan has written a very interesting article and I will be happy to share the entire article with you if you email me. If in doubt, contact a professional therapist or counselor.

Marriage and Divorce in Texas

Written by redheadedlaw on July 29, 2015. Posted in Divorce, Marriage, Texas.

An overview of how marriage and divorce works in Texas, taken from the Houston Bar Assocation Family Law Handbook.

Marriage and Divorce

Does Texas have an age requirement for marriage?
Yes. Both parties must be at least 18 years old to obtain a marriage license. If either party is under 18 years of age, parental consent or a court order is required.
Can I marry someone who is related to me?
It depends. You may not marry (1) someone who is an ancestor (mother, father, grandmother, grandfather, etc.) or descendent (son, daughter, grandson, granddaughter, etc.); (2) your brother or sister; (3) your parent’s brother or sister (aunt or uncle); (4) your niece or nephew; (5) your cousin; or (6) your step-children or your step-parents.
Can I legally marry someone of the same sex?
In Texas, you may not marry someone of the same sex.
What is a “licensed marriage?”
A “licensed” or “ceremonial marriage” requires a marriage license and is performed by an authorized official (minister, priest, rabbi, judge, etc.).
What is an informal marriage or “common-law marriage?”
An informal marriage (sometimes called a common-law marriage) can be created when a man and woman sign and register an official document of marriage at the county clerk’s office. A man and woman may also
enter into an informal marriage if they agree to be married, live together in Texas as husband and wife, and represent to others in Texas that they are married. There is no minimum time period necessary to create an informal marriage, and living together, by itself, is not enough to create one. An informal marriage may not be entered into if either party is less than 18 years old.
Is there a “common-law divorce?”
No. If the parties to a non-registered informal marriage separate and live apart for two (2) years or more, the parties may or may not need a divorce depending on the circumstances. Parties to a registered informal marriage must be divorced the same as parties who were married in a ceremony with a marriage license.
Is an annulment different from a divorce?
Yes. An “annulment” is a proceeding to have a marriage declared void as if it never took place. A “divorce” is the proceeding to end a valid marriage. However, in both an annulment and a divorce, the court will divide property and issue orders regarding any children.
What are the grounds for an annulment?
An annulment will be granted if (1) the parties are related, by blood or adoption, or (2) either party was previously married and the prior marriage has not been dissolved. An annulment may be granted if at the time of the marriage one party to the marriage was (1) underage, (2) under the influence of alcohol or drugs, (3) impotent, (4) mentally incompetent, (5) forced to marry by fraud or duress, or (6) was misled about a prior divorce. In most cases, the law requires that the person seeking an annulment must stop living with the other party once the problem is discovered.
Must fault be found against a party for a divorce to be granted?
No. In Texas, a divorce may be granted without either party being at fault. However, a divorce may also be granted when one party is found to be at fault in the break-up of the marriage.
How long must I live in Texas to get a divorce here?
Before filing, one of the spouses must live in Texas for at least six (6) months and in the county where the divorce is filed for at least ninety (90) days.
Is this different if I am in the military?
Not really. Time spent by a Texas resident outside of Texas, while in the military, satisfies the residency requirement in Texas for a divorce.
Am I entitled to a court-appointed attorney?
Not unless there are special circumstances.
What do I do if I can’t afford an attorney?
There are several programs in Harris County that offer help to persons who cannot afford to hire an attorney; however, you will be required to meet certain financial guidelines. See the resource guide at the back of this handbook for more information. The Houston Volunteer Lawyer program provides limited document review in the basement of the Family Law building at 1115 Congress, Houston Texas 77002. Also, an extensive set of forms approved by the Family Law Section of the State Bar of Texas are available to help litigants at the Harris County Law Library located next door to the Family Law Building at 1019 Congress, 17th Floor, Houston, Texas 77002.
What is a board-certified family attorney?
Attorneys who meet certain qualifications and pass a special examination may become board certified in family law by the State Bar of Texas, evidencing their level of knowledge and experience in this area of the law.
Do the rates charged by attorneys differ?
Yes, attorneys set their hourly rates based upon their knowledge, experience, qualifications, and the complexity of the case.
How do I begin my divorce suit?
A petition for divorce must be filed in the district clerk’s office and the required fees paid.
What if there are children of the marriage?
If there are children born, adopted, or expected during the marriage, the suit for divorce must also address matters of custody, visitation, and child support. If a wife has given birth to a child or is expecting a child since the time she married, but the child is not, or may not be the biological child of her husband, that information must be given to the court as soon as possible. If the wife is pregnant or becomes pregnant while the divorce action is pending, the parties must wait until the baby is born before the court can grant a divorce. This is true regardless of whether the husband is the baby’s father.
Who is the “Petitioner” and who is the “Respondent?”
The party who files for divorce first is called the “Petitioner” and the other party is called the “Respondent.”
Does my spouse get notified after I file my petition?
Yes, if you make certain the proper steps are followed to notify your spouse.
How is my spouse notified?
It is up to the party filing the suit to make sure the proper steps are followed to notify your spouse of the divorce case. Failure to notify him or her can result in a delay of your case or in some cases, dismissal of the case. Several methods to notify your spouse are available depending on the circumstances:
1. By receiving a copy of the petition from a sheriff, constable, or court approved private process server after you have made the request and paid the required fees; or
2. By certified mailing from the district clerk’s office; or
3. If the parties agree, the non-filing spouse may, after the petition has been filed, sign and notarize a document called a “Waiver of Citation,” which indicates that the non-filing spouse is accepting service of the lawsuit; or
4. If your spouse cannot be located, notice can be published in a court-approved newspaper or other court-approved publication.
What happens after my spouse is notified of the filing?
Once a respondent is officially notified, there is a deadline to file a response to the petition. If the deadline is not met, the petitioner may be able to go forward and obtain a divorce by “default.”
What is a temporary restraining order?
A temporary restraining order is a court order that sets forth the acts which either one or both parties are prohibited from doing immediately after the petition is filed. Sometimes this order is called a “TRO.” A TRO usually prohibits bad acts such as committing family violence, harassment, hiding money from the other spouse, attempting to hide a child of the parties, etc.
Can I get a Temporary Restraining Order (TRO) without notice to my spouse?
Yes, if the court approves the request for a TRO; however, it is effective only for a limited amount of time before you must go before the judge at a court hearing and ask that the TRO be put into effect until the divorce is granted.
What happens if the TRO is violated?
A person who violates a TRO, or any other court order, can be held in contempt of court and punished by a fine and/or a jail sentence.
Can my spouse ask for a divorce also?
Yes. The Respondent may file his or her own request for divorce in a document usually called a counter-petition for divorce.
What happens if I reconcile with my spouse?
You may dismiss your divorce proceedings by filing a request for nonsuit.
How soon can the court grant a divorce?
A petition for divorce must be on file with the court for at least sixty (60) days before the court can grant a divorce. The sixty (60) day waiting period may be waived in certain cases involving convictions for family violence and protective orders.
How long does it take to get a divorce?
If the parties are in agreement, a divorce proceeding can be finalized soon after the sixty (60) day waiting period is over. If the parties are not in agreement, the time it takes will depend on the court’s schedule and the complexity of the case. From start to finish, the divorce process may go through a number of phases which might include temporary orders, exchange of financial information, psychological evaluations (in custody cases), alternative dispute resolution, trial, and appeal. A divorce in which the parties are not in agreement on some or all issues will usually take several months and up to one year if a trial is necessary.
How do I know when my case is set for trial?
The court will issue a scheduling order that will inform you of all the deadlines you are expected to follow. Each party must make sure that the court and other parties are notified in writing at their current address, so that each will receive the scheduling order and other notices.
When am I divorced?
You are divorced when all the property and child related issues are resolved and the presiding judge signs an order, usually called a Decree of Divorce.
How long must I wait to get married again?
In most cases, you must wait thirty (30) days, but the court can grant a waiver to permit you to marry sooner.

Attorney Consultation with Skype

Written by redheadedlaw on June 23, 2015. Posted in Consultation, Skype.

Always looking for new ways to increase efficiency and better communicate with clients, the Essex Law Firm now offers video conferencing via Skype. Through Skype, which is free and easily downloaded to your computer and/or phone, you can have a face-to-face meeting from almost anywhere there is internet connectivity. Video conferencing offers many client benefits.

Saves time and money—save driving time and costs and still have a one-on-one session with your attorney.
Scheduling flexibility—just can’t add another thing to your schedule? Plan your Skype session before or after work or even on your lunch hour.
Convenience—do you lack transportation or have a disability? Video conferencing permits you to stay in touch and move forward despite any transportation issues.
Location—if you or your spouse are out of state (or even the country), a real live video conference with a Texas certified lawyer is still possible.
Travel—whether traveling for business or pleasure, you can still manage face time with your attorney.
Relationships—video conferencing promotes a more personal connection than a phone call. Each party can see and read facial expressions, which helps build and strengthen trust. This can be especially helpful when making contact for the first time.
Comfort—you can communicate with your attorney from the comfort and convenience of your own home or office where your personal information and files are at your fingertips.
Increased efficiency and productivity—a planned video conference can be far more productive than an ad hoc phone call and it ensures that each party has the other’s undivided attention. In the long run, this may help to decrease overall costs.

Lastly, video conferencing offers the closest thing possible to direct interaction. By using Skype, the Essex Law Firm offers a new way for clients to stay in touch and stay informed on a very personal level.

If you would like to setup a consultation via Skype, please call our main office at 281-350-4104, or send us a message, and we will accommodate you.

* Please note the consultation fee is $295.

Marital Agreements in Texas

Written by redheadedlaw on June 8, 2015. Posted in Marriage, Postnuptial, Prenuptial.

Most of us have heard of marital agreements but often associate things like “prenups” and “postnups” with celebrities or the very wealthy. We see marriage as a celebration of love and commitment. But in reality, marriage is a legal contract involving financial rights and obligations. Marital agreements can help avoid disputes over the division of assets in the event of death or divorce, as well as during the marriage.

There are two types of marital agreements, a prenuptial, which is accomplished before marriage, and a postnuptial, which is accomplished after marriage. What both agreements have in common is that they permit couples to designate separate property, that is property/assets, that will not be subject to the community property laws of Texas. What else they have in common is that both have significant legal impact and must be accomplished with independent counsel for both parties.

The Prenuptial Agreement

This agreement permits the establishment of separate property as well as financial rights and obligations to help protect both parties in the case of death or divorce. Assets owned prior to marriage are considered separate property, but after marriage, separate property issues may become blurred and hard to prove.

A prenup is a wise choice for anyone bringing significant personal or business assets to their marriage. Although most often associated with property division and spousal support issues, there are many other situations where a prenup can be beneficial.

Either party has significant existing debt—you may wish to establish repayment obligations and responsibilities.
You have inherited property—you may wish to ensure that these assets remain in your family.
You own or have invested in a business—you may wish to protect your premarital investment as well as that of any partners.
There are minor children from previous marriages/unions—This can establish provisions regarding any planned inheritance for these children.
Other—the prenuptial agreement is completely customizable. However, it is best to avoid private/minor domestic matters, or the court may find the agreement frivolous and refuse to recognize it.

The standard prenup attempts to eliminate community property entirely. Each spouse can keep separate all that he/she acquires during the marriage, which can include real estate, autos, retirement accounts, etc. They can still set up provisions to purchase property together or open a joint bank account, if they so choose, as the separate property of each. The standard prenup also specifically provides for the spouses to be able to make gifts to each other, including gifts of cash, at any time.

Note: There are two things marital agreements cannot address:

Future child support
Child custody and visitation rights

The Postnuptial Agreement

This agreement is essentially the same as, and can have all the same properties as, a prenup. The only difference is that it is accomplished after the marriage occurs. Some of the reasons for considering an agreement after marriage include:

Prior to marriage, discussing asset division was too difficult. When the marriage is more mature and both parties are more secure, making financial decisions may be easier.
There has been a change in circumstances. Perhaps one party is earning significantly more than the other or one has agreed to forgo a career to stay home with the children. As a couple, you may wish to provide for additional spousal support for the dependent spouse.
Business investments—one spouse may wish to protect the other, as well as the family home, from any possible business losses.

In the end, marital agreements essentially permit couples, and not the state, to govern what will be separate and community property. If you are considering such an agreement, talk to a family law attorney who can advise you on how to proceed, guide you through the process, provide all the necessary forms and help ensure that your wishes will be recognized by the court.

The Marital Home

Written by redheadedlaw on April 30, 2015. Posted in Divorce, Property Division, Real Estate.

In most divorce cases, the marital home is the largest jointly owned asset and is subject to division per the Texas community property laws. Unlike other community property states, Texas judges are not required to divide property settlements in a straight 50-50 ratio. Instead, assets can be divided in a “just and right fashion,” which means whatever the judge thinks is fair under the circumstances. In fact, in Harris County, where a lot of my practice is, it is not uncommon to see a 50-50 division.

Property division can however easily become complex and costly. The first obstacle is the fair market value of the home. If the parties cannot agree on the value, they must each gather evidence which supports their position. The best evidence for determining the fair market value is to have a certified appraiser do an appraisal. This costs from $400-up. If a party chooses this route, he or she must then be prepared to pay the appraiser to come to court to testify that the report he or she prepared was accurate. A less expensive route is to have a realtor run “comps” to see what comparable homes in the neighborhood are selling for. The third, and much less reliable, is to use the appraisal district appraisal in the county where the real property is located.

The best case scenario is to work out a fair and equal split of the marital home before heading to court. You have the following options:

Sell the home and divide the proceeds.

This is the best option if neither party wants and/or can afford the home or if you cannot agree on the terms, without presenting the case to the court. You will need to determine the home’s equity value. Equity is determined using the fair market value and then deducting any debts or liens that may exist. If the parties can agree on a realtor, the realtor will advise as to the sale price, and then help the parties negotiate the sale. Although the net proceeds can be divided any way the parties desire (because a court is not making the decision at this point), most parties choose to divide the net proceeds 50-50. If the parties agree to sell the house but cannot agree on how the proceeds should be divided, the net proceeds can be held either in escrow or in the trust account of either lawyer representing a party. This is the “cleanest” method of dividing the equity, because any disputes regarding the value are resolved when the house is sold for the agreed-upon price.

Have the spouse who wishes to remain in the home refinance the home and buy out the other party.

Choosing to retain the marital home can be an emotional decision. If you are considering buying your spouse out, you need to carefully consider whether or not you can afford and/or manage the following on your own:

Mortgage
Utilities
Insurance
Taxes
Assessments
Maintenance

Another consideration with this option is to be sure to factor the cost to refinance into the settlement equation.

Have one spouse remain in the home with exclusive use and possession for a specified period of time.

For example, the custodial parent may wish to stay in the house until the youngest child graduates from high school. When the specified time period is over, one spouse buys out the other or the home is sold and the proceeds are divided. Note: If your spouse wants to keep or stay in the house but cannot refinance, consider the following carefully before moving forward:

Despite any and all terms of the divorce agreement regarding the house, as long as your name is on the mortgage, you are contractually liable and obligated to pay if your ex becomes delinquent with any associated payments, fees, or assessments.
Any late or delinquent payment history will affect your credit history as well.
Your ex may not maintain the home properly, reducing its value.
With your name already on one mortgage, you may not be able to get financing for a new home for yourself.

If you cannot come to any agreement, then the court will decide for you. Let your attorney know right away which options you are considering. Your attorney can help you and your spouse find practical ways to address your issues.

Till Death Do Us Part? by Judith Bryant

Written by redheadedlaw on October 10, 2014. Posted in Divorce, Property Division, Real Estate, Texas.

There are many common myths concerning divorce in the state of Texas, which include:

If I get the kids 50 percent of the time, I won’t have to pay child support.
Texas has a no-fault divorce system, so my affair is irrelevant.
Texas doesn’t have alimony.
I bought it with my earnings, so it’s mine.
I earned it, so it’s mine.

To find out the answers to these myths, read the full article here.

Written by Judith E. Bryant, a partner with the Austin law firm of Noelke English Maples St. Leger Blair, for the State Bar of Texas, Texas Bar Journal.

Domestic Violence

Written by redheadedlaw on September 15, 2014. Posted in Domestic Abuse, Domestic Violence.

I believe one of the biggest failings of our family court system is the failure to understand the vicious cycle of family violence. Victims are often blamed because they did not “just leave.” In fact, many leave and return, on average 17 times, even after being severely beaten. There is a dedicated court in Harris County for obtaining protective orders. This means one judge hears all these cases. It follows then, that it is most important for that judge to understand domestic violence. The current judge, and candidate for reelection, is Judge Lynn Bradshaw-Hull. I have in the past felt that this judge does not understand domestic violence. I have seen her grill victims worse than she did the accuser. Apparently, investigations, as reported in the Houston Chronicle recently, have revealed that I am not alone in that belief. THIS IS WHERE YOU COME IN. The candidate opposing this judge, BARBARA STALDER, has been actively working in and with organizations for years to protect victims of domestic abuse. She has the background, training and experience, and I believe the understanding, in this area that Judge Bradshaw-Hull does not. I encourage you to step across party lines if necessary and vote for Barbara Stalder. Do not wait until it is your mother, sister or friend standing in front of the protective order court judge as a victim to take a stand.

The following is from a recent Huffington Post article explaining why victims do not just leave:

It’s the question every survivor of domestic violence is posed, often incredulously: Why didn’t you just leave? The reality is that leaving an abusive relationship is often a herculean task that endangers the woman and calls for resources that aren’t readily available.

In June, after The Huffington Post ran an investigative report on a woman allegedly murdered by her boyfriend, we received an outpouring of responses from domestic violence survivors who wanted to explain why they had stayed with their abusers. We spent the next three months interviewing these women. While they offered hundreds of reasons, ranging from the logistical to the deeply personal, some common themes emerged: Fear. Love. Family. Money. Shame. Isolation.

In this series, you will hear from six survivors of domestic violence about why they didn’t leave sooner. The stories — told in their own words — are as distinct as they are similar. One woman suffered a brutal week of abuse before fleeing. Others stayed for decades trying to make things work. Two women were shot, the bullets narrowly missing their hearts. Another endured years of incessant stalking.

This week, stories like theirs became part of a national conversation when a video surfaced of pro football player Ray Rice violently punching his then-fiancee Janay Palmer in an elevator. Palmer, who married Rice just a few weeks after the incident, was criticized for having stayed with him. Then, something remarkable happened: Writer Beverly Gooden shared her own reasons for staying in an abusive relationship on Twitter, using the hashtag #WhyIStayed. Within hours, hundreds of survivors were tweeting their own reasons for doing the same.

As the stories continue to flood in, we hope this project will make it clear that “just leaving” often isn’t an option. We hope these accounts will prompt people to stop asking why she stayed — and instead begin asking how they can help.

Why We Use MyCase.com

Written by redheadedlaw on September 4, 2014. Posted in MyCase.com.

The number one complaint to State Bar Associations involves insufficient attorney-client communication. Often, clients become exasperated:

I can’t get my attorney on the phone.
I don’t know what’s going on.
I don’t know when/if things are happening.
I can never get a quick answer.
NO ONE gets back to me!

At the root of all this is the way most firms have to deal with paperwork—files, documents, time and expense tracking, etc. These items are usually stored in different places and are often managed by different people. Marivonne Essex and her firm knew they could save time and effort if they could find a way to centrally locate all of their client information. Their solution? MyCase.com. MyCase is web-based legal practice management software that makes it possible to streamline both information and communication for both the firm and you.

How it works…MyCase permits all client information—from the initial case file to each petition/letter to the court—to be uploaded into one secure place in their cloud-based database. It also accepts and helps sort notes and comments, manages appointments and schedules, manages all personal contact information, facilitates messaging/notifications and can even manage billing.

Sounds great for the firm, but what does it mean for you? It means that when you need information, no one has to pull your case file from a file drawer; no one has to find the latest petition and then check for filing details; no one has to go find the billing records to see what you’ve paid or find the schedule to see the date of your next appointment. With MyCase, it’s like the old Ragu ads; it’s in there. Everything about you and your case is in your private MyCase database folder and all of that is at the fingertips of everyone in the firm. On top of all of that, it’s accessible from anywhere there is internet capability.

Only have time for an email or a message? With MyCase, if you leave a message or send an email, everyone in the firm is notified. So if you need information and your attorney is not available, all of the attorneys and support staff can access your information and respond. And through MyCase, all responses are private and more secure than standard email. There’s more. MyCase follows up to let everyone in the firm know whether or not you have been answered. Couple that with the Essex promise to return all requests for information or contact within 24 hours and now you’ve really got something that works.

It gets better…MyCase also allows Essex to share new information with you by posting secure comments and messages or sending alerts of case developments using Facebook-style notifications. But communication works both ways and the Essex firm wants you to keep them informed as well. So once you set up your personal, secure MyCase login and password, everything mentioned above, including all court related documents and filing details, is available to you 24/7. You can read through all of your petitions and documents at your own pace and insert any comments or questions you have for the firm as you go. And, to share new information or updates to your personal information, you can easily send messages or comments blog style.

The Essex firm’s investment in MyCase is a win-win for everyone. Information is streamlined, centrally located, secure, and available to everyone in the firm and you 24/7. Add the messaging and notification capabilities and communication issues disappear. All of this means fewer calls and less discussions and that can translate into less billable hours. So now Essex not only can help you with all your family law issues, it can save you time, energy, frustration, and money while doing so.