Blast From The Past: Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE: Here is one of my favorites posts written by custody expert Judianne Cochran from back on September 18th, 2010! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Using False Allegations In Family Law Custody Cases. Will I get A Better Position?

In recent years there has been a steady and alarming increase in the use of false allegations of vague, unsupported claims of domestic violence and even vaguer claims of child abuse, used solely in an attempt to find a shortcut to a presumed better position in custody cases.

What is more alarming is the observation that more often than not the attorneys of record for the litigants making these claims have been those unschooled in and relatively new to the family law arena, who have chosen to step outside their actual specialty and add a minor “division” of family law to their practices.… View Full Article → “Blast From The Past: Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!”

How Attorneys and Expert Witnesses Can Effectively Manage Each Other in Domestic Violence Cases

domestic violence expert

Communication Crucial Between Attorneys And Experts in Domestic Violence Cases

The Trust Between Attorneys And Expert Witnesses Essential To Successfully Litigate A Domestic Violence case

If the lawsuit necessitates that an expert be retained, the attorney and expert need to have a relationship built on trust. This is particularly important so they can each manage the other’s expectations. How can this be accomplished?

It’s a slogan we all know: Customer satisfaction is priority number one. No different than a customer-salesperson relationship, a client embroiled in a domestic violence case who hires an attorney is looking for a positive result. Nonetheless, the attorney needs to manage the client’s expectations by properly informing the client of the intricacies and unpredictability of the legal process, and the client needs to understand the realistic potential outcomes.

If the lawsuit necessitates that an expert be retained, the attorney and expert need to have a relationship built on trust.… View Full Article → “How Attorneys and Expert Witnesses Can Effectively Manage Each Other in Domestic Violence Cases”

Domestic Violence – Let’s Look at the Local Statistics!

domestic violence,no more silence,we will help you

Domestic Violence – No More Silence

The number of reported domestic violence cases has dramatically increased over the years since the domestic violence statute went into effect in Ohio in 1978. These numbers shocked me, even as a Dayton divorce lawyer who entered the practice back in 1978.

Chief Montgomery County Magistrate Keith Hall recently reported the following:

  • In 1978 there were 35 Civil Domestic Violence Filings
  • In 1979 there were 50 Civil Domestic Violence Filings
  • In 2016 there were 1,400 Civil Domestic Violence Filings
  • In 2017 there were 1,710 Civil Domestic Violence Filings

Believe it or not, this number of Civil Domestic Violence Filings in 2017 EXCEEDED the total number of divorces and dissolutions combined that year!

To try to help put this in context, I interviewed Jane Keiffer, MSW, LISW, the Executive Director of the Artemis Center in Dayton.  Ms. Keiffer explained that she did not interpret these numbers to mean necessarily that MORE domestic violence was occurring, but that there was much more awareness in our society.… View Full Article → “Domestic Violence – Let’s Look at the Local Statistics!”

October is Domestic Violence Awareness Month – How Can You Help?

sad lady beside a lighted decorative star

10 Tips to Have an Informed Conversation About Domestic Violence

October is domestic violence awareness month. Unfortunately, at one time or another we have all come across situations of domestic violence. As a divorce lawyer, I see examples of its tragic effects all the time. In Dayton we are very fortunate to have the Artemis House resource to assist victims of domestic violence!

In order to help spread awareness about this terrible situation, I have posted below the “10 Tips to Have an Informed Conversation About Domestic Violence” published by the National Network to End Domestic Violence (NNEDV) https://nnedv.org/.  Also, at the end of this article, I have share links to some of the prior articles we have published on this topic on the Ohio Family Law Blog in the past. Let’s all do our part to help eradicate domestic violence throughout society!

  1. NEVER victim blame.Abuse is never the victim’s fault.
… View Full Article → “October is Domestic Violence Awareness Month – How Can You Help?”

Forfeiture By Wrongdoing – Ohio Supreme Court Bungles Domestic Violence Case

statue holding scales of justice

What does Forfeiture by Wrongdoing really mean in Ohio Courts?

Attorney Charles “Bill” Morrison has once again retaken the reins of the Ohio Criminal Defense Law Blog as it’s managing editor. Below is his recent post dealing with both domestic violence and evidentiary issues in the context of a criminal case. I thought that our Ohio Family Law Blog readers might enjoy it! Click on the Ohio Criminal Defense Law Blog link and click the follow button or use the email signup to become a regular reader.

While doing some research the other day for a current case, I read the most recent Ohio Supreme Court case on the ages-old doctrine of forfeiture by wrongdoing and boy did it have some, shall we say, interesting “takes” by our esteemed elected justices.  I’ll start with the basics:  every criminal defendant is entitled to confront the witnesses against him at trial.  In other words, if someone provides testimony at your criminal trial, you have the absolute right to cross examine that person.  … View Full Article → “Forfeiture By Wrongdoing – Ohio Supreme Court Bungles Domestic Violence Case”

Do you Believe in Magic?

Some weeks ago, I tuned into an NPR radio interview with Penn and Teller, those amazing magicians/entertainers who have for decades defied logic and fooled us with their brilliant illusions.

What caught my interest was the oddity of the interview. The dynamic duo of Penn and Teller were being interviewed separately. This intrigued me as I wondered how NPR would handle empty radio air space if the usually silent Raymond Teller continued to be mute.

Luckily, he did not. And among the thought provoking things he had to say was this, “Nothing fools you better than the lie you tell yourself.” Of course, he was talking about magic. But I was thinking about denial. It never occurred to me before that moment that magic has so much in common with denial. The point of intersection is simple-We WANT to believe.

We know when something is “off”; maybe we can’t see it, but we feel it.… View Full Article → “Do you Believe in Magic?”

Domestic Violence Law Creates an Address Confidentiality Program for Victims

ALERT: New Voter Registration Address Confidentiality Law For Domestic Violence Survivors And Other Crimes, Passes In Ohio

On October 6, 2016, Governor John Kasich signed a new law that allows domestic violence victims, as well as victims of rape, sexual battery, menacing by stalking and human trafficking, to secure an Address Confidentiality Program (ACP) number, assigned to a P.O. Box at the Ohio Secretary of State’s office, to be used for all governmental records in Ohio.  Ohio’s “Safe at Home” law allows victims to apply for a confidential address from the Secretary of State’s office, which will not be accessible to an abuser trying to track them down.

State Rep. Mike Duffey (R-Worthington), a primary sponsor of the legislation, said in a released statement, “In one case, a woman was tracked three times as she moved to avoid her abuser, but because her address wasn’t confidential, that abuser was able to find her and climb into her bedroom window at night carrying a gun.… View Full Article → “Domestic Violence Law Creates an Address Confidentiality Program for Victims”

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