Buried in the stack of papers with the Ex Parte Domestic Violence Protective Order and Summons just handed to you by the sheriff is a trial date. Unless the matter was continued, your hearing will be within 10 days of the ex parte hearing that you most likely did not even know took place.Attendence at the trial is not necessarily mandatory but here is why it is important you are there.

If you decide to not attend the return hearing for the domestic violence protective order a hearing will take place without you. There is a possibility that an order of protection will be entered against you because you are not there to argue why an order should not be entered or why evidence being put on is not accurate.  The judge will only hear from the plaintiff. You will have no say in the conduct that you are barred from doing or places you are not allowed to go which can include schools, offices, parks, and anywhere requested by the party seeking the order.

If you do attend, you will have a chance to defend yourself and possibly demonstrate to the judge there is no basis for a protective order. In certain situations, it may benefit the bigger picture to attend and agree to a consent order without any specific findings of fact in case there are other criminal charges or family issues that may wind up in a different court room.

At the very least, you should bring the paperwork the sheriff handed you to an attorney and discuss your rights moving forward as well as how having a protective order entered against you will affect your life. You may not care about having any contact with the person seeking the protective order, but protective orders have wider sweeping consequences then you may have considered.   An attorney can also help you assess the strength of the statements in the complaint and can discuss with you the best way to approach a domestic violence protective order hearing.

7 Questions to ask when looking for a lawyer

When you are looking for an attorney, chances are you are under both time and emotional pressure. But the choice of an attorney to guide you through the often complicated legal system is an important one. The stakes are high and you want a lawyer who is both honest and zealous.

What should you look for when choosing an attorney? Here are some ideas:

• Did someone you trust recommend the attorney? What is their reputation?
• Do you “click” with him or her? Is there a personality connection?
• Did they put on the clock during your first meeting or did they take the time to hear your story first?
• Do they have flexible payment plans to work with your financial situation?
• Do you feel like they genuinely care about your case?
• Do they have experience in the area of law you need?
• Do they tell you what they can and can not do for you or do they promise you everything?

I am often asked by clients what they need to do to become a citizen of the United States.  This question has become increasingly common over the last year with the growing uncertainty surrounding immigration issues.  In order to qualify to naturalize as a United States citizen you must meet the following:

1. Be at least 18 years old.
2. Be a lawful permanent resident (have a “Green Card”) for five years.

There are two caveats to the five year requirement:

• If you are married to a U.S. citizen, you only need to be a lawful permanent resident for three years prior to applying for naturalization.
• If you had refugee or asylee status, you do not need to wait the full five years of being a greencard holder prior to applying.

3. Have good moral character.

Clients often want to know what being of good moral character means as it’s a broad term.  Generally we look at whether there has been any involvement with the  court system or involvement with the police.  When applying you need to provide a background check for any county in which the potential applicant has lived within the last five years.   We need to fully explore what, if any, encouters with law enforcement or the court system a potential applicant has had.

4. Be able to speak, read, and write English at a basic level.

There are two exceptions to the langage requirements for older adults who have been in the country for a lengthy time period.  You do not need to meet the basic language requirements if:

•  You are 55 years or older and have had a green card for 15 years, or
• You are 50 years or older and have had a green card for 20 years.

5. Be able to pass a test on U.S. history and government.

There are a total of 100 questions from ten questions are selected for an applicant to answer.  Applicants have access to all questions and answers prior to their appointment in order to be able to study the potential questions they may face.

6. Swear that you are loyal to the United States.

Prior to applying for naturalization always consult an experienced immigration attorney in order to discuss whether or not there are any red flags in your past that can hinder your naturalization application.  We often come across the follow which can hurt your naturalization application.  (please note: This is not an exhaustive list but simply examples of common issues that come up with naturalization cases)

• You made trips out of the United States for more than six months
• You claimed to be a U.S. citizen
• You moved to another country since getting your green card
• You voted in the United States
• You are in deportation or removal proceedings—or—you have been deported
• You haven’t filed your federal income taxes
• You haven’t paid child support for your child(ren)
• You committed fraud to get your greencard
• You have been arrested or convicted of a crime or you have committed a crime
• You lied or committed fraud to receive or to continue to receive public benefits
• You have been charged with committing domestic violence, child abuse, or child neglect

Contact our office at (919) 783-1260 to set up a consultation to determine whether applying for naturalization is right for you.

With tax season coming to an end, many separated or divorced parents probably had to endure the reoccurring dilemma of claiming the children on taxes. As this can potentially be a great tax benefit, it is often a never-ending battle.

If parents agree how to address the deduction, the agreement can be in a separation agreement or a consent child custody or support order. There are several ways to decide which parent can claim the child or children. If there is more than one child, parents can split the deduction by one parent to claiming one child and the other parent claiming the other child each year. Another option is that one parent claims the child(ren) in even years and the other parent claims the child(ren) in odd years. Either of these options of sharing the deduction can be included in a separation agreement or child support order. The benefit of designating how to address the deduction is to have a way to enforce the issue if one parent is not complying.

If the parents do not agree, the judge will decide and include it in a child custody or child support order. The two options listed above are two of the scenarios that judges often include in child support orders. The other option is that one parent is able to claim the child or children each year.

If there is not a child support order or a separation agreement addressing the issue, then the parent who has primary custody of the children has the right to claim the children on taxes each year. That parent has to sign an IRS form to give this right to the other parent.

Oftentimes people wonder what to do if the parent who is not supposed to be able to claim the children files his or taxes first and claims the children. If both parents file their taxes and claim the same child or children, the IRS or Department of Revenue will investigate the tax returns to determine who should be able to claim the children. Such an investigation often delays receiving tax returns or refunds, if applicable, but it will resolve the issue eventually.

If you would like assistance regarding this issue or other family law matters, please call us at Stauff, Gross & Privette, PLLC to schedule a consultation with an attorney who can give you an individual assessment of your case. You can reach us at 919-576-7550.

You went through the whole process of asking the judge enter a custody order that provided a visitation schedule for the other parent. However, that other parent has gone months opting out of visitation with your child. Now that parent is demanding that visitation take place but you have concerns with allowing it to occur. However, the other parent is threatening to hold you in contempt if you deny visitation.

A child custody order signed by a judge and filed with the clerk of court is enforceable by the contempt powers of the court. This means that if either parent is not following the order, the other parent can file to hold that parent in contempt. This is also known as filing a motion to show cause. The motion asks the court to enter an order that the violating parent come to court and show cause why he or she should not be held in contempt of court. If the judge signs the order to show cause based solely on the motion to show cause, the burden is on the violating parent to show cause why he or she should not be held in contempt of court.

A defense to a show cause is whether the violation was willful. In this scenario it is likely that if the primary parent refuses to give the visitation permitted in the order to the visiting parent, the visiting parent will file for contempt. The primary parent must then prove to the court that the lack of visitation was not willful. For example, if the children are in counseling because of the absence of the other parent, the primary parent may want to argue in defense that allowing the visitation would not be in the children’s best interest and that is the reason for refusing the visitation.

These cases are very fact specific though and even with such a good reason, the primary parent may be held in contempt of court for refusing visitation permitted in the order. It is best to consult with an attorney in these situations to try and avoid the harsh repercussions of being held in contempt of a court order.

If you would like to schedule a consultation to speak with one of our attorneys about your case, please call us at 919-576-7550.