SAID Web Page - Sexual Allegations In Divorce
Telltale Signs of a Sleazy Lawyer at Work
Most lawyers are reputable, however, the old adage still holds, "There’s a rotten apple in every barrel".
While keeping silent is virtually every lawyer’s way to limit giving the opposing party more ammunition against their client, there are some tactics that are disreputable. Such a tactic is refusing to honor interrogatory and documentation requests. Typical excuses such as: we never got that request; we recently had to let go of a secretary or paralegal; we’re so back logged right now but it will be sent shortly, the amount of documentation is burdensome to my client, etc. The purpose of these excuses are to delay production of documents as long as possible to limit your review prior to the hearing. There is no excuse, they have 30 days by law to produce documents. Many lawyers give up prime incriminating evidence by not pursuing missing documentation. This is particularly true with child support reductions when children turn 18, a favorite tactic is to withhold the required 3 consecutive pay stubs to hide the ex-wife’s overtime pay and hours. Unfortunately, many lawyers not wanting to make the "professional" issue personal will not go the extra step without prodding from the client. The withholding of paystubs by an attorney is an ethics violation and you must prod your lawyer to file a Compel Order and file an ethics complaint.
Giving incomplete property statements, omitting documentation are the usual attempts to limit damaging information, especially financial records. Keep a close watch on Financial Statements required by the court, look for omissions and out of date financials of IRAs, 401K accounts, and savings accounts. Failure to produce and attach supporting documentation to a property or financial statement should be an immediate red flag. Have your lawyer run an asset search on the internet. All bank accounts and interest in real property will show up on this search. Carefully compare the accounts to her financial statement, any missing accounts are subject to freezing and seizure by the Court. When you are dealing with greedy people, they tend to think keeping secrets is their "Ace up the Sleeve" actually catching them in the act is your Ace. Let your lawyer drop the bombshell in court when she is questioned on the witness stand, failure to list assets on financial statements is perjury and subjects the asset to confiscation for the aggrieved party.
Making unsubstantiated accusations such as assault, rape, etc. Making an accusation without evidence or witness(es).
Making false statements to judges during hearings such as: "A report claims that you admitted to…" while no such report exists.
Prior to the Ex Parte’ hearing, approaching your lawyer with a deal not to use the "Sex" issue if you sign an agreement giving her a defacto divorce or separation with unfair terms.
- The opposing lawyer will bring up accusations not mentioned in the domestic violence complaint, especially from years past, which is a common tactic. The opposing lawyer will dredge up accusations in the course of questioning the accused as a pretext to show that the accused has done this in the past to justify the "clients fear" of abuse. The judges typically will rule based on the "reasonable belief" by the accuser that domestic violence has and will occur. An example of this would be a married woman claiming rape by her husband in the complaint, then admits that it did not occur but "she fought him off" that time. But it happened in the past that sex was "not consensual" since she "felt pressured" to engage in it and "felt she couldn't say no." Your lawyer must immediately object based on due process violation. L.D. v. W.D., the court observed that "[i]t is clearly improper to base a finding of domestic violence upon acts or a course of conduct not even mentioned in the complaint." L.D. v. W.D., 327 N.J. Super. 1, 4 (N.J. App. Div. 1999). Such a decision must be appealed immediately!
- The judge may be unfamiliar with the Law (sounds ridiculous but true) or even biased by refusing to allow any cross examination despite timely requests, this is a due process violation. A woman may repeatedly make false claims against the same man, getting temporary restraining orders, which either are later terminated for lack of evidence but the judge refuses to allow the line of questioning to probe a relevant matter. In Tyree v. Evans, the D.C. Court of Appeals observed that there is a right to cross-examine in a domestic violence hearing. Tyree v. Evans, 728 A.2d 101 (D.C. 1999). Your lawyer needs to file an appeal immediately, you have only 30 days to do so!
- Another favorite tactic is bringing in mental health professionals to speak to the woman's claims of abuse, your lawyer immediately must object, since this is hearsay attempting to disguise itself as creating a witness to coerbarate her testimony. These mental health professionals are just Domestic Violence advocates pushing their agenda.
- DV advocates will also be used to present "predictive behavior" arguments, your lawyer must object since no one can predict the future, especially the actions of people. This is a common excuse to prevent men from seeing their children on visitation.
The information contained on this website is provided free of charge. It is intended for informational purposes only and should not be construed as legal advice or a substitution for obtaining legal advice from an attorney licensed in your state. The transmission of information in this website is not intended to create, and its receipt does not constitute, an attorney-client relationship. For personal legal advice, please consult your attorney.
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