Although the Temporary Restraining Orders (TRO) and the Temporary Civil Protection Orders (TPO) sound similar, the eligibility, process and enforceability of the orders are vastly different. To be eligible to file for TPO/CPO one must meet either the interpersonal violence, intimate partner violence, or the intrafamily violence criteria. Interpersonal violence is defined as an act or a criminal offense that is committed or threatened to be committed upon a person: With whom the offender shares or has shared a mutual residence; or Who is or was married to, in a domestic partnership with, divorced or separated from, or in a
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Archives for Family Law
CRIMINAL & CIVIL CONTEMPT IN DC: DC FAMILY LAWYER
The contempt powers of the court are divided into both criminal and civil contempt. Generally criminal contempt is reserved where there is willful and blatant violation of court order where as the civil contempt is reserved for non-compliance or neglect of a court order. In another word: Criminal contempt is a violation of the law, a public wrong which is punishable by fine or imprisonment or both. And the Civil contempt: is a sanction imposed by the court to enforce compliance with a court order or to compensate a party for losses or damages caused by noncompliance with a court
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ALIMONY PAYMENTS AND THE NEW TAX CODE: DC DIVORCE LAWYER
Tax changes promulgated with introduction of Tax Cuts and Jobs Act (“TCJA”) in 2017 will affect large groups of population, including couples finalizing their divorce in 2019. Beginning January 1, 2019 the paying spouse will no longer be able take deduct alimony, and the recipient spouse will not need to report alimony as income. That is, the alimony payments will be treated same as child support payments. In short, all agreements made or orders entered from that date forward, the party paying alimony will not be able to deduction such payments on his/her tax return. The receiving party will not declare the
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RECENT COURT OF APPEALS DECISION: DC FAMILY LAWYER
The DC Court of Appeals in IN RE J.M. & D.M. decided on September 20, 2018, affirmed the trial court findings that the permanency goal change to adoption was appropriate, however clarified to certain degree the procedural appeal when the goal change request is a dual-goal, to both reunification and adoption. The Court’s Decision in IN RE TAL in 2016 required and bestowed on parents in a child abuse and neglect proceedings facing a goal change an evidentiary hearing. Specifically, to justify a goal change from reunification to adoption: …the District “must prove by a preponderance of the evidence that
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RECENT COURT OF APPEALS DECISION: DC CHILD CUSTODY LAWYER: SPECIAL IMMIGRATION JUVENILE STATUS
The Court of Appeals in Benitez v. John Doe, decided on September 6, 2018, reversed the trial court decision in denying an Special Immigration Status for a juvenile (“J.V.B”) subject of this appeal. The “SIJ” statute provides, in relevant part: [A special immigrant juvenile is] an immigrant who is present in the United States: (i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State
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AWARD OF ATTORNEY’S FEES: WHEN APPLICABLE? WASHINGTON DC DIVORCE LAWYER
The DC Divorce Statute provides a provision for Pendente Lite (while pending) award of: Alimony Child Support Spousal Support Health Insurance coverage Cash Medical support And Attorney’s fee and suit money That is, while the matter is filed and pending, either party may request financial assistance while the litigation is pending and the issues are being decided through the court system. This is important as a typical contested divorce involving property division and child custody can stretch out for months. In awarding the pendente lite support, the court will consider and evaluate factors enumerated in §16-913 (d) award of alimony
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EMERGENCY HEARINGS IN FAMILY CASES: DC FAMILY LAWYER
In the Family cases often times certain facts and events give rise to necessity for an emergency and immediate court intervention and ruling. For example a parent may be seeking to transport a child permanently or temporary out of the jurisdiction without a prior court approval or permission from the other parent. Court order child visitation may be blocked or access to the child is denied by a parent having physical custody to a parent with visitation rights. Child’s safety or security may be at risk or jeopardy. The child may be in need of medical treatment and intervention with
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RECENT COURT OF APPEALS DECISION: ENHANCED REUNIFICATION SERVICES UNDER ADA: DC FAMILY LAWYER
The Court of Appeals in IN RE H.C.; K.C decided on July 5, 2018, redefined and expounded on what constitutes reasonable efforts toward the goal of reunification when dealing with a parent with intellectual disability and eligible for receiving services through DDS (“Department of Disability Services.”) In this case the child was removed at birth from the mother’s care due to the mother’s cognitive and intellectual disabilities. The trial court had held that mother’s intellectual disabilities and mental health needs rendered her incapable of properly caring for the child even with the wrap around services, parental training and other assistance
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IMPUTATION OF INCOME IN DIVORCE OR CHILD SUPPORT PROCEEDINGS: WASHINGTON DC DIVORCE LAWYER
Often times in divorce or child support proceedings the court may be forced to impute income on one of the parties. There are circumstances in which imputation of income is legally warranted. If there is a judicial finding that a party is: Voluntarily unemployed, Due to bad faith or Deliberate effort to suppress income, and To avoid child support or other financial obligations The pertinent D.C. Code § 16-916.01(d)(10) specifically provides: If the judicial officer finds that a parent is voluntarily unemployed or underemployed as a result of the parent’s bad faith or deliberate effort to suppress income, to avoid or
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DC COLLABORATIVE REPRODUCTION PROCESS: LEGAL ELEMENTS: DC CHILD CUSTODY LAWYER
The collaboration reproduction process either through the “gestational surrogate” or via insemination for intended parents create a labyrinth of legal issues that would need to be addressed incrementally. Intended parents are the individuals who put the process in motion, married or unmarried, who have committed in writing and otherwise to be the legal parents of the child to be born. The intended parents would need to file a petition of parentage for a legal declaration by the court. The Court will have jurisdiction when: The intended parent or the surrogate is a District resident ; Who have actually resided in
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