Being Called the Devil in Court
I recently represented a man in a contested divorce and child custody case. The facts were strongly in our favor, partially due to the woman's questionable conduct during the marriage. During the trial, things continued to go in our favor and against the woman, and it was obvious to everyone in the courtroom that her frustration level continued to increase.
Upon direct examination by the woman's attorney, she began to list her many complaints against my client. After several minutes of this, she proclaimed that he was "the devil." She paused for a moment, and she then said that the person sitting beside him (me) was "the devil" too.
Now, I have been called many names during my professional career outside of court. In fact, I dare say that I have been called pretty much every name under the sun. Practicing in an adversarial system, people typically either love me or hate me -- depending on whether they were my client or the opposing party. However, this was the first time that I have been called a name like this on the record.
Of course, word has quickly spread of this new moniker, and I had another attorney greet me last week by stating "well, if it isn't the devil himself" (followed by a quick grin and chuckle). I have warned the court reporter that she might be inundated with requests for that portion of the transcript. My wife has also enjoyed this new "title" for me at home as well.
When the trial judge was announcing his decision at the end of the trial, he listed the wife's demeanor during trial and her obvious intense hatred of her husband as reasons that he awarded custody to my client. In fact, the judge stated that he believed that if custody was awarded to the wife, she would take steps to insure that the children were alienated from their father and that she would work to destroy their relationship with him.
There are two morals to be learned from this story:
Upon direct examination by the woman's attorney, she began to list her many complaints against my client. After several minutes of this, she proclaimed that he was "the devil." She paused for a moment, and she then said that the person sitting beside him (me) was "the devil" too.
Now, I have been called many names during my professional career outside of court. In fact, I dare say that I have been called pretty much every name under the sun. Practicing in an adversarial system, people typically either love me or hate me -- depending on whether they were my client or the opposing party. However, this was the first time that I have been called a name like this on the record.
Of course, word has quickly spread of this new moniker, and I had another attorney greet me last week by stating "well, if it isn't the devil himself" (followed by a quick grin and chuckle). I have warned the court reporter that she might be inundated with requests for that portion of the transcript. My wife has also enjoyed this new "title" for me at home as well.
When the trial judge was announcing his decision at the end of the trial, he listed the wife's demeanor during trial and her obvious intense hatred of her husband as reasons that he awarded custody to my client. In fact, the judge stated that he believed that if custody was awarded to the wife, she would take steps to insure that the children were alienated from their father and that she would work to destroy their relationship with him.
There are two morals to be learned from this story:
- Your bad actions and/or misdeeds can (and usually do) come back to haunt you at trial. I typically advise my clients to assume that they are always being recorded and not to do or say anything outside of court that they wouldn't want the judge to see/hear.
- Even if things go against you during trial, you should remain calm, cool, and under control. It will never benefit your case to call the other party names from the stand. Instead, it will almost always backfire and result in you looking worse in the judge's eyes.
What happens when you behave exactly the way you are suppose to in and out of the court room. You work hard to give your children everything they need to grow up to be a productive member of society. Only to find yourself representing yourself in court and after 6 years the court appointing custody to a convicted drug dealer, and 3 time felon. You have no criminal history and the child is thriving in his current enviroment. At what point does the Court stop playing politics and start doing whats best for the child period?
I have 3 children who live in Vermont with their father. I moved out of State about 3 years ago, due to consent verbal and physical abuse from my children's father. I was very scared of him and I just wanted out. I am going to court to hopefully get my children back! Their father has left me messages, calling me every name in the book, and saying all this in front of my children! In return I get served a order for relief from abuse. My point is I believe in karma, and what goes around comes around.
My brother was released on April 1st, 2008 from prison after serving a 8.5 years of a 10 year sentence. He is trying very hard to find employment with no luck so far. He continues to job hunt daily. The mother of his two children (never married) is asking him to pay $125 per week for his two children, which I paid last month or according to her attorney (don't know if she actually had an attorney, she will put him up for child support for the 8.5 years he was in prision and he will be arrested. I am trying to pay the $500 a month to prevent until he gets a job because I am afraid that she can actually have him arrested and he has been away from us and his children too long already. Nor do I understand how locking him up will get her her money. She is a LPN and currently enrolled in an RN program, she just purchased a new home and a new vehicle. I am a nursing instructor and atually was her insturctor, so I have an idea of her income. Can she put my brother up for child support for the 8.5 years he was incarcerated? We are not against the child support, we actually want her to put him up so that he will only have to deal with the courts and not her, because right now if I am a day late she starts the phone calls and threats. I don't know how long I can keep this up because I support a husband and 3 children of my own. I have failed to pay some of my bills make sure she gets her money. So my question is what right if any does my brother have? Can she put him up for child support during the peroid he was incarcerated or will the child support start from now?
Please refer me to someone that can advise me as how to best help my brother. He is trying relaly hard to take care of his children. He gets them every other weekend and whenever she insist that he take them or will let him have them. He has met with some prison- to- work- group that is helping him look for employment. I want to emphasize we are not against child support (our parents were divorced and my dad paid child support). My brother is on house arrest till August and probabtion after that so he can not afford a warrant of any sort. I am paying this young lady to keep her from serving a a warrant on him, which is what she says her attorney will do if she does not get her money. Can she do this and if so what or our options.