The most prestigious law school admissions discussion board in the world.
|
 |
 
|
Just won another DV trial (chilmata)
Poast new message in this thread
Date: November 26th, 2024 1:58 PM Author: Histrionic deep point liquid oxygen I've been back in family law now for a little over a year after being out of it for 6.5 years to be GC of four corporations.
Since I've been back in family law I've been settling everything. Even cases I swore had no chance of settling settled the day of trial because the judges pressured us to settle.
The one DV trial I had settled at lunchtime after the judge twisted our arms.
It was kind of funny and interesting because I didn't win this one, my client did.
After I finished my cross-exam, my client just started popping off at the mouth and I made the conscious decision not to stop her.
I will usually put up my hand as a signal to stop talking or, in extreme cases, tap them with my foot under the table while maintaining a poker face.
Nope, not this time. I just let her go. Then my client and opposing party, who was pro per, went back and forth for about 15 seconds when the judge went, "Ok, that's enough. I'm dismissing both restraining orders. You two just need to stay away from each other."
My client started to say something and then I put my hand up and said, "Let's go!"
As soon as we got outside I said, "I wanted to get out of there before the judge changed her mind."
Now THAT was a shitshow, but a win is a win and it feels fanfuckingtastic. |
Date: November 26th, 2024 2:04 PM Author: Crusty submissive hall is this the majesty of law that people sometimes refer to? (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48383656) |
 |
Date: November 28th, 2024 9:33 AM Author: fragrant misunderstood whorehouse If you are ever the respondent to a DVRO, and have a lawyer who gets you off the hook (most cannot), you will gain a newfound respect for this form of law. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390153) |
|
Date: December 4th, 2024 3:30 AM Author: scgool (gunneratttt) (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48409080) |
|
Date: November 26th, 2024 2:10 PM Author: Comical spruce state antidepressant drug Congrats. I used to do those on a volunteer basis in family court. It's such a thrill to get a clean win. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48383701) |
|
Date: November 27th, 2024 4:16 AM Author: Histrionic deep point liquid oxygen I was functioning on such a high level today. Level 10.
I normally function on a level 4-5 or so during the week and then kicking up to maybe a level 7 for a contested family law hearing.
My morning victory was a fluke and my client deserved the credit for the win although my strategy of filing a competing restraining order played a huge part in the outcome.
I had another DV trial in the afternoon and I didn’t want the case. He admitted in the consultation to putting a tracker on his wife’s car which was one of the allegations. He was fucked.
The worst allegation was that he tried to strangle her with a vacuum cleaner cord in September.
I can’t exaggerate how fucked this guy was. I offered to give him his full retainer back because there was nothing I could do. Nope. He wanted me to hold his hand.
I wasn’t going to suborn perjury so I spent my time in the hallway counseling him on all the different ways he could go to jail for violating the restraining order he was about to get.
They were a Mexican couple married 27 years, both being assisted by Spanish speaking interpreters.
The wife, pro per, ambushed me by serving me with a certified translation of a video.
The bailiff hands me a copy of a page from the transcript where the judge underlined what looked like an admission by my client that he tried to strangle her with the vacuum cleaner cord.
At another point, the judge said he wanted to grant a one year restraining order to provide a “cooling off period.”
I talked him out of it.
This judge always tells the same stories. He tried to draw a parallel between one of his stories and my case. I distinguished it.
After successfully distinguishing the appellate court case that was at the heart of his story I then segued into how the transcription was really just a typical marital argument and if we gave restraining orders to every wife who said, “Stop talking to me,” and the husband says, “No, honey, listen to me,” then my [black] wife would have 100 restraining orders on me.
This was no fluke. I earned this one. I tried negotiating with the wife in good faith. I told her she might lose the trial and I was offering her guaranteed protection in the form of a stay-away order punishable by contempt.
She called Legal Aid (who prepared her restraining order) to ask for advice and they apparently told her to reject my reasonable offer.
Now the bitch has nothing and I have another notch in my belt.
For the record, she was abusing process, trying to get a restraining order to punish her husband rather than to protect herself so calm down shitlibs, if you want to blame someone blame Legal Aid for their shitty advice.
|
|
Date: November 27th, 2024 4:32 AM Author: bistre indian lodge whuy is a restrtaining order so bad? waht does suborn perjury mean? |
|
Date: November 27th, 2024 8:01 PM Author: Histrionic deep point liquid oxygen If you violate a restraining order you pick up a misdemeanor charge for each violation so if you send four texts to a protected party you get charged with four misdemeanors.
You have to surrender all your guns while it’s in place.
It can affect your prospective job opportunities, goes on your permanent record.
Suborn perjury is inducing perjury. |
|
Date: November 28th, 2024 9:42 AM Author: fragrant misunderstood whorehouse A DVRO granted against you can be considered a finding of domestic violence, resulting in a loss of custody of your children for 5 years in the state of California. It is an absolute fucking nightmare. And judges give them out like candy. No one really understands what a world-class talent Chilmata is because "it's just family law." What he does with DVRO defense is the equivalent of getting OJ acquitted. But where that happens once in a decade, Chilmata pulls it off every week (at least). He saved my ass in a way that I truly believe was borderline miraculous. My son and I both have him to thank. |
|
Date: November 28th, 2024 12:23 PM Author: Histrionic deep point liquid oxygen It’s funny how many people think it results in the loss of your children for any period of time.
The relevant family code is section 3044 which creates a presumption that a parent who commits DV is unfit and cannot have legal or physical custody until they rebut the presumption. This takes five months on average not five years.
The court has jurisdiction to look back five years for allegations of DV which is probably where that number is coming from.
The presumption of parental unfitness results in supervised visitation not a loss of custody although a lot of parents refuse to be supervised which then leads to them never rebutting the presumption.
To rebut the presumption you take a couple classes, fall on your sword and don’t fuck up. This is harder to do for some people.
|
|
Date: November 28th, 2024 4:52 PM Author: fragrant misunderstood whorehouse Well I stand corrected. Not any less impressed though. I will say this. The supervised visitation sounds like a trap. From my experience with court, they want to drag you further and further into their tentacles until they dominate your whole relationship with your children and family. I imagine that the supervisors are habituated into saying negative shit about you that results in more court involvement. |
|
Date: November 29th, 2024 4:25 AM Author: Histrionic deep point liquid oxygen Supervised visitation sucks but I wouldn’t call it a trap.
There is professional and non-professional supervision.
I encourage my dads to do professional because they will write reports that are submitted to the court and you can take advantage when the dad doesn’t deserve to be supervised. Some dads do.
Supervised visits are restraints on liberty and judges don’t like them for that reason so you need a really good reason for them.
In the worst cases, there is a lengthy time between when the Temporary Restraining Order was granted and when the supervised visits start, the mother uses that time to alienate the kids against dad.
I have a case now that’s heartbreaking. Autistic dad, ER nurse, breadwinner, works 2 days a week. Three boys 8-12. Mom was SAHM.
Something happened in April that resulted in mom filling for a DVTRO (mom alleged dad hit her during an argument). Opposing counsel requested a specific professional supervisor who has a three month backlog. Judge granted the TRO as well as the request for the supervisor (brilliant strategy btw).
By the time the supervisor had availability, the boys refused to see dad.
When judges order supervised visits, it’s not a punishment, it’s either because the family code mandates it or it’s out of an abundance of caution. They want see the supervised parent happily jump through the bullshit hoops.
If you jump through the hoops with a smile and tell the judge HOW MUCH YOU LEARNED then you get custody back.
If you refuse to be supervised, show up late, argue with the supervisor, talk shit about mom to the kids, talk about the court case during the supervised visit, ask the kids who mom’s boyfriend is, then you are going to be on a slow track to recovery.
|
|
Date: November 29th, 2024 4:05 PM Author: fragrant misunderstood whorehouse See what I mean? The judge granted the specific supervisor, presumably over the father's objections that he was backlogged for 3 months, and didn't give a fuck. Why in the hell would the judge do this, unless his goal was specifically to prolong involvement in family court and create issues all around? These are the tentacle grips I was talking about (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48393492) |
|
Date: November 29th, 2024 6:41 AM Author: motley copper market cuckold That is an absolutely insane presumption. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48392253) |
|
Date: November 29th, 2024 12:24 PM Author: Histrionic deep point liquid oxygen It is and the guy who sends a nasty text gets the same presumption as the guy who beats the shit out of his wife. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48392959) |
|
Date: November 29th, 2024 4:02 PM Author: fragrant misunderstood whorehouse Yep. You need to be VIGILANT about not ever sending even a slightly negative comment via text. The real issue is when a woman alleges you said something at a handoff of the child, and there's no way to PROVE you didn't say something, and a judge just grants a DVRO out of an abundance of caution. |
|
Date: December 4th, 2024 3:22 PM Author: snoot Fucking hell. The only presumption, which is rebuttable, in NJ is that non-abuser parent should have primary custody. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48411325) |
|
Date: November 29th, 2024 10:08 AM Author: Comical spruce state antidepressant drug The golden thread is always that it takes the involvement of both mom and dad in raising kids. The courts job is in part to protect the kids which means in part making this contact happen where ever possible under such terms that best meet the courts objectives of protecting the kids while allowing the best possible parental arrangement for healthy growth. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48392579) |
|
Date: November 29th, 2024 12:25 PM Author: Histrionic deep point liquid oxygen (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48392964) |
|
Date: November 27th, 2024 4:51 AM Author: motley copper market cuckold 180. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48386065) |
|
Date: November 27th, 2024 8:08 PM Author: spectacular effete gunner I bet that's a really great $500 in your pocket. Do the bills smell like weed? (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48388597) |
|
Date: November 27th, 2024 8:28 PM Author: motley copper market cuckold Taking a DV case to trial is a very nice fee and quick turnaround. I wish I could do a 100% DV practice. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48388742) |
|
Date: November 27th, 2024 8:29 PM Author: Comical spruce state antidepressant drug All true so long as you turn your phone off. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48388748) |
|
Date: November 28th, 2024 3:43 AM Author: Histrionic deep point liquid oxygen I’m actually tailoring my practice to nothing but DV and child custody disputes. No more divorces. I hate disclosures, discovery, and property division. I’m going to further tailor it to DV defense and fathers’ rights. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48389854) |
|
Date: November 28th, 2024 8:26 AM Author: motley copper market cuckold I really hate contested custody cases tbh. Fathers rights seems like a good marketing strategy. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390063) |
|
Date: November 28th, 2024 10:06 AM Author: spectacular effete gunner A "nice fee" that covers one car payment on your KIA (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390211) |
|
Date: November 28th, 2024 10:54 AM Author: fragrant misunderstood whorehouse Chilmata's firm charged me 5,000 and that was far, far lower than anyone else does. My first attorney took 25,000. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390369) |
|
Date: November 28th, 2024 11:55 AM Author: motley copper market cuckold Typically a DV retainer is $5k. I try to settle them all because DV trials are extremely unpredictable and there are serious consequences to losing (both for plaintiffs and defendants). There is no discovery, and judges have infinite discretion.
Sometimes they can't settle and trials can be a few days or more if there are multiple witnesses. In those instances the fees can be $15-20k. |
|
Date: November 29th, 2024 4:05 PM Author: fragrant misunderstood whorehouse What are the consequences for losing the DVRO as a petitioner? (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48393497) |
|
Date: December 4th, 2024 3:20 PM Author: snoot Abuser coming back into the home, being left in limbo with no custody order in place if kids are involved, negative credibility findings that become part of the record and will follow someone in their divorce action. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48411316) |
|
Date: November 28th, 2024 7:57 PM Author: mind-boggling sable base (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48391551) |
|
Date: November 28th, 2024 9:38 AM Author: Rusted Wonderful Ticket Booth Affirmative Action 180 (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390157) |
|
Date: November 28th, 2024 9:45 AM Author: fragrant misunderstood whorehouse You would add a few zeros to that 180 if you know what a big deal this is. He saved my ass and now I see my son almost every single day. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390163) |
|
Date: November 28th, 2024 10:02 AM Author: Rusted Wonderful Ticket Booth Affirmative Action I’m a big fan of chilmata’s lawyering. I actually just took my first family law client who is owed some child support. Chilmata is an inspiration. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390203) |
|
Date: November 28th, 2024 10:45 AM Author: fragrant misunderstood whorehouse To be fair, I don't know that every case of a woman suing a guy so she can have more discretionary spending is the same as DVRO defense (which is strictly a victory of good over evil) or winning a man 50/50 custody of his children. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390341) |
|
Date: November 28th, 2024 11:51 AM Author: Rusted Wonderful Ticket Booth Affirmative Action You’re absolutely correct (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390594) |
|
Date: November 28th, 2024 11:56 AM Author: motley copper market cuckold 180 (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390616) |
|
Date: November 28th, 2024 9:51 AM Author: buck-toothed orange hissy fit Congrats. What was your comp last year? (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390172) |
|
Date: November 28th, 2024 4:53 PM Author: fragrant misunderstood whorehouse He's stacking treasures in Heaven. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48391192) |
|
Date: November 28th, 2024 10:03 AM Author: Supple scarlet haunted graveyard 180 (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390205) |
|
Date: November 28th, 2024 10:12 AM Author: yapping main people (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390223) |
|
Date: November 28th, 2024 10:20 AM Author: Fighting lavender lay Bump for actual law content (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390248) |
|
Date: November 28th, 2024 10:51 AM Author: Curious Sienna Area Idea He Suggested (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390358) |
|
Date: November 28th, 2024 10:54 AM Author: spectacular effete gunner Custody and protection orders do not meet the boart's definition of law. ESPECIALLY if the level of cases you're handling has the other side showing up without a lawyer. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390368) |
|
Date: November 28th, 2024 10:55 AM Author: fragrant misunderstood whorehouse The problem is that actual law is actual bullshit, whereas this kind of thing saves a man's children. You can keep your comma-moving. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390374) |
|
Date: November 28th, 2024 11:13 AM Author: spectacular effete gunner But there is no real law. Custody is a bunch of soft factors and almost every fact pattern has a predetermined outcome. If mom is a junkie whore moving to TX to work in a warehouse with her bf of three months, dad is gonna win. There are closer calls...that's fifty fifty. Work schedules, schools, proximity to relatoves...all of this is shit an 18 yo could figure out. It's bullshitting and begging, not law. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390437) |
|
Date: November 28th, 2024 11:47 AM Author: Histrionic deep point liquid oxygen Oh look it’s chingada madre with his retarded 120 take because he lost his kids thinking he could handle it himself and got burned by his SAH wife who dropped out of JuCo and was pro per (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390579) |
|
Date: November 28th, 2024 2:22 PM Author: spectacular effete gunner My kids and wife are right here bro. You're a shitlawyer...just deal with it. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390949) |
|
Date: November 29th, 2024 4:00 AM Author: Histrionic deep point liquid oxygen They’re her kids and she’s your third wife (and 2nd cousin). Grats. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48392209) |
|
Date: November 29th, 2024 6:39 AM Author: motley copper market cuckold (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48392252) |
|
Date: November 29th, 2024 12:59 PM Author: spectacular effete gunner Dude, you aren't a real lawyer. You are a fast talking used car salesman who makes shit money and deals with shit people all day. Congrats, go forth and change lives. You are pathetic. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48393047) |
|
Date: November 29th, 2024 4:08 PM Author: fragrant misunderstood whorehouse 1. Money is less than worthless (actually it's a curse) 2. Most people are shit 3. "Real" lawyers are the shittiest of all 4. God still loves us and wants our wellbeing. 5. I am one of the shit people Chilmata helped and am in his debt. |
|
Date: November 28th, 2024 12:00 PM Author: motley copper market cuckold It's not rocket science for sure, but there's strategy, planning and presentation that goes into it. Custody cases are won or lost before they're initiated. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48390629) |
|
Date: November 29th, 2024 10:06 AM Author: Comical spruce state antidepressant drug I once went in to family court after coclerking at a firm with another then 1!L summer five years before. I was happy to see him in court as I hadn’t seen him for a few years. I watched him in court on a GAL issue or something, and he actually cited a case or two to the judge. I whispered to him after he cited precedent to a family law judge that he was a “goddamn legal genius”. He agreed. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48392575) |
|
Date: November 29th, 2024 1:00 PM Author: Plum odious psychic library Do you ever have to brief issues or research law? (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48393048) |
|
Date: November 29th, 2024 4:12 PM Author: fragrant misunderstood whorehouse My case was pretty involved on a technical level. I had one technical legal point that was in my favor (I found caselaw from other states that indicated I was right) and Chilmata researched it and found put I was 180 degrees off. And he did it quickly and conclusively. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48393520) |
|
Date: November 29th, 2024 4:48 PM Author: Plum odious psychic library lol im sure he appreciated you taking the initiative to go ahead and research the relevant case law on your own and bring him your findings (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48393676) |
|
Date: November 29th, 2024 5:29 PM Author: Curious Sienna Area Idea He Suggested Find this and othet tips in his blog, The Intelligent Abuser (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48393814) |
|
Date: December 4th, 2024 3:21 PM Author: ,,.,......., (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48411321) |
|
Date: December 4th, 2024 3:24 PM Author: So we looked at the data (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48411335) |
|
Date: November 30th, 2024 1:59 AM Author: Histrionic deep point liquid oxygen Yeah not all the time but often. (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48394787) |
|
Date: December 4th, 2024 3:21 AM Author: chilmata http://www.xoxohth.com/thread.php?thread_id=5643926&mc=3&forum_id=2 (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48409073) |
|
Date: December 4th, 2024 3:21 PM Author: ,,.,......., How much do you get for one of these (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48411319) |
|
Date: December 4th, 2024 3:22 PM Author: Chingada Madre $299 (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48411329) |
|
Date: December 4th, 2024 8:35 PM Author: chilmata I’m salaried (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48412746) |
|
Date: December 4th, 2024 3:27 PM Author: Anus Boi When you say DV trial you mean a court trial about a civil restraining order? Oh what a trial mistro (http://www.autoadmit.com/thread.php?thread_id=5640443&forum_id=2#48411347) |
|
Date: December 4th, 2024 7:08 PM Author: chilmata Domestic Violence Restraining Order where the petitioner's burden is a preponderance. It takes actual skill to successfully defend on of those.
Civil harassment restraining orders have a higher burden, clear and convincing. Much easier to defeat.
So . . . ding, fag. |