Virginia Divorce Law: Types of Divorce Lawyers

If you are interested in hiring an attorney to represent you in your divorce case or you are going up against an another lawyer without help, it is important to know what kinds of divorce lawyers there are. The different types of divorce lawyers may have an impact on how you should handle your case.

Attorneys are people and we all come with our own personalities and trial strategies. So what are the most common types of divorce lawyers and what should you be aware of when looking for your own, and does any one type of lawyer win out?

Divorce Lawyer One: The Bull Dog/Pit Bull

This is the most common view that people have of divorce lawyers. These lawyers spend most of their time posturing and engage in aggressive litigation tactics. Commonly, a bull dog/pit bull lawyer will be confrontational in their strategy. They are also more willing to directly adopt their client’s position whenever filing something with the Court.

The major benefit of a bull dog/pit bull lawyer is that your voice will be directly conveyed to the judge. However, this strategy can come with some downsides. Being overly aggressive without reason can lead to an award of legal fees at the end of the case against the person who hired the bull dog/pit bull lawyer. It can also drive up your legal bill.

Confrontational without purpose is a bad thing from the Court’s perspective. The Court ultimately wants reasonable settlement discussion without all cases going to trial.

Divorce Lawyer Two: The Negotiator

A negotiator type of lawyer is focused on gaining every strategic advantage they can through settlement negotiation and smart use of court procedures. This type of lawyer focuses on sending well drafted settlement proposals which are designed to get the parties talking.

The major benefit of a negotiator type of lawyer is that their main focus is getting you the best possible result. The negotiator sets their sights on the most likely outcome and tries to get a resolution as close to that as possible.

The downside of a negotiator type of lawyer is that they may not engage in the aggressive and confrontational strategies of a bull dog/pit bull lawyer. They may also try to avoid active litigation if they don’t feel it advances the case.

Divoce Lawyer Three: The Litigator

The last major type of divorce lawyer is the litigator. They often drive up the cost of a divorce case by taking most issues directly to the Court without substantial settlement discussions. The purpose of driving up the cost may force the other side to the negotiation table to resolve the case or may catch them in a legal problem that adversely impacts their case.

The major benefit of a litigation focused divorce lawyer is that they often are well versed in legal procedure and spend a substantial amount of time in the Court room. The major downside is that their services often cost a substantial amount of money and the case may take longer to resolve.

What Type of Divorce Lawyer is Best For You?

Every lawyer has different strategies on how they view divorce cases. Some lawyers may take strategies from any one of the above styles to create their own style. At the end of the day, the best lawyer for you is the one that you feel the most comfortable with based upon your own style. It is a bad idea to hire a lawyer that has a different style than your own. The main reason to hire a lawyer is to trust in their presentation of your case and professional judgment.

Having a mismatch of personalities can result in delayed results and bad case outcomes. If you are looking for a divorce lawyer, make sure you ask questions of your lawyer as to what kind of lawyer they are and what strategies are available in your specific case. That way you can make an informed decision before you hire them.

Virginia Divorce Law: The Improper Use of Protective Orders

One of the more nefarious strategies that people use during a divorce proceeding is reporting you to the magistrate and asking for a “protective order.” These protective orders can have serious consequences for your employment and the success of your divorce case. It is important to know what a protective order is, why they are granted, how to combat them and what to do if you were the subject of a bad protective order.

Virginia Law: What is a Protective Order?

A protective order is a document that says you are not allowed to have contact with a certain individual. A protective order can also include provisions for temporary custody and visitation of children. If you are not careful, a protective order can even require you to pay for certain things like phone bills and housing.

These protective orders are normally granted on an emergency or temporary basis. A hearing must be held within a certain period of time to give you an opportunity to fight a protective order.

When Should You Get a Protective Order?

A protective order is designed to protect people from immediate threats or danger of harm. They are supposed to be used to protect a spouse from a physically abusive or dangerous person. For example, if someone threatens to take another person’s life, that would be a good reason to have a protective order. If a former spouse is stalking you, that is also a good reason to have a protective order.

It is not, however, a good enough reason to seek a protective order just because someone does not “feel safe” without an immediate threat. They are also not supposed to be used to obtain temporary custody without fear of danger.

How Do You Fight a Protective Order?

Combating a protective order can be tricky. While protective orders are not criminal cases, they are often accompanied by criminal charges. You certainly have a right to appear in court and fight a protective order. However, if you have been charged with a crime such as domestic abuse, then it may not be a good idea to appear in court without a lawyer. The best way of fighting a protective order is to keep clear records of what happened.

Can You Get in Trouble for Filing a Bad Protective Order?

Yes, absolutely. The other side can seek their legal fees if you used a protective order for your own personal gain but did not actually fear for your own safety.

Why You Need a Divorce Lawyer.

You should hire a divorce lawyer if you are going through a difficult separation or are facing a protective order proceeding. Protective orders can hurt your employment and have impacts on the outcome of your divorce case. It is also important to have a lawyer if you want to seek a protective order to make sure you are doing the right thing and do not have to pay the other side their legal fees.

Virginia Divorce Law: The Value of Interrogatories

This blog is part of a series of blogs designed to help you understand how the discovery process works in Virginia. The first of the series was Virginia Divorce Law: The Value of Depositions. There are four (4) major types of discovery tools; a) depositions, b) interrogatories, c) document requests and d) admissions.

The second type of discovery is known as interrogatories. So what are interrogatories and how are they best used?

What Are Interrogatories?

Interrogatories are the process by which you can ask the other side questions under oath without having to go through the Court. Under oath means they have to answer your questions truthfully. If someone lies on interrogatories, they can get in serious trouble. Common examples of a divorce interrogatory include a) identifying all the property your spouse claims they should have, b) identifying the custody arrangement your spouse is asking for and c) asking for all the evidence that your spouse intends to use at trial.

What Can Interrogatories Be Used For?

There are three main reasons to use interrogatories. The first reason to use interrogatories is to get an idea of what your spouse intends to tell the court and what witnesses they intend to use. That way, you can plan how to respond to their arguments with your own witnesses and evidence. The second reason to use interrogatories is that you can use statements in interrogatories to break down the testimony of your spouse at trial. If their statements are contrary to what is in their interrogatories, then that can be used to weaken their credibility. Finally, interrogatories can be used to encourage settlement discussions. By knowing the strength of your spouse’s case, you can submit a reasonable settlement proposal.

Why You Need a Divorce Lawyer?

A divorce lawyer can help you effectively utilize interrogatories to get the most out of your discovery. It is important to hire a divorce lawyer to ask the right questions and to ask them at the right time to get the best possible result in your case. Therefore, make sure you hire a divorce lawyer to represent you in contested cases.

Virginia Criminal Law: Preparing for Trial

Previous articles in my Virginia Criminal Law blog series have discussed what happens from your initial charge date through the bail process. After your arraignment date, the next thing that happens is that your attorney will prepare for trial.

This article will cover some of the things that your attorney will do to prepare for trial. This is not an exhaustive list, but it will give you some idea of what kind of work goes on behind the scenes.

Discovery in Criminal Cases in Virginia

The first thing that any criminal defense attorney will do is weigh how valuable discovery would be in your particular case. Discovery is the process whereby you can force the prosecutor to turn over certain documents they have regarding your case. In Virginia, criminal discovery is very limited. There are only certain types of documents that you can obtain in discovery.

At a minimum, the Supreme Court of Virginia allows defendants to request permission to obtain 1) written copies of any confessions or recorded statements made by the Defendant, 2) written reports prepared by forensic experts and law enforcement offices, and 3) copies of photographs or other documentary evidence held by the prosecutor.

However, discovery can be a two-edged sword. If the Defendant’s request is accepted, the prosecutor can ask for some things from the Defendant. These include, but are not limited to, inspection of any photographs held by the defendant or other documentary evidence, alibi evidence, or insanity evidence.

A good lawyer will advise a client on whether it is a good idea to go through the formal discovery process based upon the complexity of the particular case.

Motions in Virginia Criminal Law

The second thing that a criminal defense attorney may do is to consider what are known as “pre-trial motions.” These are motions designed to weaken the prosecutor’s case. For example, if the police officers violated a Defendant’s civil rights, a defense attorney may file a motion to exclude any evidence obtained by that officer.

There are any number of motions that can be filed by a criminal defense attorney, but the appropriate motions depend on the specific facts of your case. A pre-trial motion may not always be appropriate.

Witness Preparation in Criminal Law

A criminal defense attorney also needs to know whether there are any witnesses that will help your case. Attorneys will usually ask for you to identify anyone who was present at the alleged criminal offense who can help or hurt your side of the case. Additionally, a criminal defense attorney may want to interview character witnesses for sentencing purposes. Even if you are guilty of a crime, a character witness may help reduce jail time.

Plea Negotiation Pending Trial

Finally, a criminal defense attorney will continue to negotiate with the prosecutor throughout the entire process. While negotiations may stall early in the process, careful use of these above preparation skills may result in the prosecutor being more willing to negotiate.

Why You Need a Lawyer

Trials are hard to prepare for. It takes dozens of hours of solid leg work to make sure that you have the best possible chance at trial. Lawyers can help maximize your chances of success by engaging in these preparation processes. Therefore, you should hire an attorney to help with your criminal defense case.

Virginia Criminal Law: Bail, Bond, and Recognizance

One of the things that people charged with a crime for the first are shocked by is the possibility that they may have to stay in jail until their trial date. In Virginia, trial dates can be several months away depending on the Court’s schedule and your lawyer’s availability. You could spend as much as three (3) months in jail awaiting a trial on an offense which may otherwise carry a jail sentence of only five to ten days.

However, there is a process of applying for something known as bail. Bail is the process of getting released from jail while you await your trial. Bail includes several conditions such as bond and restrictions on your rights.

Bond is a financial arrangement you enter into with the court system whereby you are released pending trial in exchange for setting up a financial promise with the court.

Sometimes it is a good idea to request bail. Sometimes bail is a bad idea. You may not even be eligible for bail.

So what is bail, what are the types of bonds you have to post to receive bail, how do you know if you should ask for bail, and how do you ask for bail?

The Bail System in Virginia

As discussed above, bail is the process where you ask the court to release you through a financial arrangement with the court. The purpose of bail is to have a financial obligation hanging over your head that will force you to comply with the terms of a court order. For example, you may need to post a bond with the court to be released pending trial to make sure you appear for trial. If you fail to appear for trial, you may forfeit your the bond.

Virginia law defines your rights to bail in Virginia Code §19.2-120. Under that law, a person who is held in custody pending trial or hearing for an offense, civil or criminal contempt, or otherwise shall be admitted to bail by a judicial officer unless the court believes that they will not appear for trial or that the person may be a danger to himself or others.

In order to obtain bail and be released pending trial, you will likely need to post something known as a bond, which a financial promise to pay money to the court in the event that you do not appear. There can also be other restrictions on your bail, such as conditions not to leave the state.

Types of Bond

There are several different types of bond in Virginia. The type of bond that you need depends on the type of case you are involved in. Common examples of bond include a purge bond (which is used in child support cases), a cash bond (which is paid directly to the court for release), an unsecured bond (which allows you to leave jail without putting any money up), and a secured bond (which requires you to put money or property down before you can be released).

How to Obtain Bail

Your first opportunity to obtain bail will be during a bail determination hearing in front of the magistrate after you are arrested. The magistrate will review all the factors required under the law, as well as your criminal history, and make an initial determination as to whether you are eligible for bail, and what kind of bonds or restrictions will be placed on your bail.

After that initial eligibility determination, if you are approved for bail, there are several steps you may need to take in order to be released. One example is you or a family member contacting a bondsman to obtain money to pay for a secured bond. Alternatively, you or a family member may need to pay the money directly if you can afford it.

In the event that you were not approved for bail, if you were given unfair conditions of release, or your bond was set too high, your lawyer can request that the court reconsider your eligibility for bail and to set a bond that is more appropriate for your financial position.

Why You Need a Lawyer

A lawyer is important to have during your entire criminal case. Primarily because a lawyer is there to help protect you from unfair treatment, to make sure your rights are protected, and give you a fighting chance. Bail hearings are no exception. A lawyer can help you determine when it is a good idea to request a modification of bail. One of the major considerations that could play into whether requesting a modification of bail is the fact that you may get credit for time served if you were denied bail or your bail was rescinded. Talk to a lawyer immediately if you are facing criminal charges.