Statistics regarding domestic abuse in New York show that the "least safe place for a woman... is her own home." With "44 percent" of them killed by a partner. If you are being abused, or are ready to leave an abusive relationship, contact an abuse helpline service or your local police before you do anything to ensure your own safety and the safety of the rest of your family.
And when you are ready to legally separate from the union, contact me for help at (401) 942-3100 or use the contact form HERE for more information.
I'm Establishing a Non-Profit to Offer Divorce Help to Abused Women
Jeff Landers
A few weeks ago, I ran across a truly jarring statistic, and I still can’t shake it from my thoughts.
Data collected by the New York State Division of Criminal Justice shows that, for the second year in a row, 44 percent of all women killed in New York were killed by an intimate partner.
As State Division of Criminal Justice Services acting commissioner Sean Byrne pointed out to WCBS, “That means the least safe place for a woman in New York State is her own home.”
Unfortunately, I’ve seen firsthand just how true this statement is. Over the years, I’ve been retained by quite a few women who, at the time, were in physically and/or mentally abusive relationships.
We all know that even under the best of circumstances, divorce is complicated and emotionally trying. For these women, though, the process is exponentially harder. Typically, they know very little about their family finances because controlling husbands are extremely secretive about financial matters. And, of course, women in abusive relationships live under the very real threat of physical violence if their husbands get angry and/or suspicious.
Many are simply frozen with fear. They’re terrified about their own safety and the safety of their children.
It’s something I’ve seen far too many times, and I’ve decided I’m going to do what I can to help. Currently, I am in the process of establishing a non-profit charity that will help abused women get the legal and financial advice they need to divorce their spouse.
After all, physical abuse is usually associated with what Jeffrey A. Friedman, Executive Director of The Retreat, calls “financial abuse.”
The Retreat, which is located in The Hamptons on Long Island, NY, is an organization that works to break the cycle of family violence while also providing safety, shelter and support for domestic abuse victims. As Jeff sees it, the correlation between physical and financial abuse is strong and can lead to long-term debilitating consequences.
“Domestic Violence is all about power and control,” he told me. “More often than not an abuser can control a victim by controlling the finances in the household. Money is the means that they can ensure financial dependence. Financial abuse can mean: preventing you from getting or keeping a job, having you to account for every penny spent, denying access to check book/account/finances, threatening to force you out of the house and make you homeless and demanding your paychecks. Financial abuse can have serious and long term effects. Victims can become trapped in a cycle of poverty, can experience unhealthy physical and psychological effects and feel hopeless and trapped in the abusive environment.”
Continued HERE
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Showing posts with label RI family law. Show all posts
Showing posts with label RI family law. Show all posts
Wednesday, September 21, 2011
Friday, July 1, 2011
Telling Others How to Care for You If You Become Ill
There are two documents that are required by statutory law in order to allow your loved ones to institute your preferences in situations where you are seriously ill, or cannot make decisions for your own care. They are a Living Will, and a Durable Power of Attorney for Health Care.
In the creation of a Living Will, you are writing out your instructions to your loved ones for how you would like to be treated in the event you are unable to vocalize your wishes yourself. This document may address things like critical care and illnesses, what to do in the event of serious accident or injury concerning life support and feeding, and in some cases, your burial instructions in the event of your death.
Some people believe that burial instructions are best left in your Last Will and Testament, however, by the time this document is read, the arrangements have typically not only been made, but are completed. Having a complete Living Will gives your family a clear and concise plan for all of your wishes in terms of health care, death and burial.
The second document, a Durable Power of Attorney for Health Care deals strictly with granting the permission necessary to carry out the wishes in your Living Will; though you may also include your specific wishes in this document as well. The main purpose of this document however, is to appoint a specific person, whom you can trust, to the position of your health care trustee, or the person who will make your health care decisions for you when you are not able to do so.
Both of these documents can be drawn up for you at the office of your attorney, and it is generally a very good idea to discuss their creation with your personal attorney prior to activating them. They may of course, be revoked in writing by you at any time.
Wednesday, June 29, 2011
Remember to Update Your Will with Every Life Changing Event
Having a baby and getting married are all joyful times in our lives. The one thing that we may forget to do during this happy period is update our Will to reflect our changed marital status or new parenthood status. However, these are some of the most important times to reflect on how we would like to provide for our loved ones or maintain our real or personal property.
Reviewing all of your Estate Planning and Last Will and Testament, along with your Living Will, Power of Attorney, and Durable Power of Attorney for Health Care, will give you and your family the piece of mind necessary to feel secure no matter what may happen. While we don't need to dwell on the idea that our loved ones will die, it is important to have a solid understanding of what will happen to everything from jointly owned properties, to how our surviving family will be provided for, in the event of an unexpected accident or worse.
In particular after the birth of a child, your situation will change dramatically in terms of how you will set up and establish heirs, and your executor, as well as a guardian for your child. You may decide that a Trust situation will serve the best interests of your child better than anything else and simply have a Trustee to oversee the estate.
Seeking the counsel of an experienced Family Law attorney for the information that is specific to your individual situation, and the best course of action for you to follow, is always the wisest choice.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Reviewing all of your Estate Planning and Last Will and Testament, along with your Living Will, Power of Attorney, and Durable Power of Attorney for Health Care, will give you and your family the piece of mind necessary to feel secure no matter what may happen. While we don't need to dwell on the idea that our loved ones will die, it is important to have a solid understanding of what will happen to everything from jointly owned properties, to how our surviving family will be provided for, in the event of an unexpected accident or worse.
In particular after the birth of a child, your situation will change dramatically in terms of how you will set up and establish heirs, and your executor, as well as a guardian for your child. You may decide that a Trust situation will serve the best interests of your child better than anything else and simply have a Trustee to oversee the estate.
Seeking the counsel of an experienced Family Law attorney for the information that is specific to your individual situation, and the best course of action for you to follow, is always the wisest choice.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Wednesday, October 20, 2010
Divorce, Children, and the Marital Domicile
Most divorce cases being determined at this time have issues that are settled long before ever stepping foot in the courtroom. In fact, the vast majority of cases are settled without the need for a trial as parents and divorcing couples come to realize that settling out of court avoids not only hefty legal fees, but also a tremendous amount of stress, anxiety and shared trauma.
These cases are also marked by the determination of each party to resolve their difference amicably, and in particular, those things which relate to the welfare of their children.
The marital domicile is the major investment that most couples will make in their lifetime. Owing to this fact, the court does not take the separation of it lightly. If the party who wishes to reside in the home with the children, is financially able to do so, and the situation will continue to be in the best interest of the children, the court will often allow the parties to defer selling the house.
However, the party remaining in the home will have to agree to sign a mortgage for the equity in the home, or that they will buy out the other spouse when it becomes financially feasible to do so. The court will ensure this process is undertaken strictly, by appraising the value and equity of the home. If a couple disagrees with the value that the court assigns, they may always hire their own appraiser.
Additionally, if there is a substantial change in the circumstances of either spouse, but in particular the spouse who remains in the house, the court will re-evaluate and redetermine whether deferring the sale of the property is still a good solution for all involved. If it is determined that the remaining spouse is now either able to buy out the vacating party, or buy another home, the court may order the marital domicile sold.
The only way to be sure that you are forming a fair agreement, is to seek the counsel of a qualified domestic relations and divorce attorney in RI.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
These cases are also marked by the determination of each party to resolve their difference amicably, and in particular, those things which relate to the welfare of their children.
The marital domicile is the major investment that most couples will make in their lifetime. Owing to this fact, the court does not take the separation of it lightly. If the party who wishes to reside in the home with the children, is financially able to do so, and the situation will continue to be in the best interest of the children, the court will often allow the parties to defer selling the house.
However, the party remaining in the home will have to agree to sign a mortgage for the equity in the home, or that they will buy out the other spouse when it becomes financially feasible to do so. The court will ensure this process is undertaken strictly, by appraising the value and equity of the home. If a couple disagrees with the value that the court assigns, they may always hire their own appraiser.
Additionally, if there is a substantial change in the circumstances of either spouse, but in particular the spouse who remains in the house, the court will re-evaluate and redetermine whether deferring the sale of the property is still a good solution for all involved. If it is determined that the remaining spouse is now either able to buy out the vacating party, or buy another home, the court may order the marital domicile sold.
The only way to be sure that you are forming a fair agreement, is to seek the counsel of a qualified domestic relations and divorce attorney in RI.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Wednesday, August 18, 2010
Candidates for RI Family Court chief judge go before Commission
RI Family Court Divorce Lawyer Rui Alves found an article concerning the appointment of a new RI Family Court chief judge, and the views and opinions of six candidates, interesting. The full article is posted below.
6 candidates vetted in search for new R.I. Family Court chief judge
August 11, 2010
By Katie Mulvaney
Journal Staff Writer
PROVIDENCE –– Six Family Court judges Tuesday night shared their perceptions about strengths and weaknesses of the court that handles divorces, child custody disputes and other sensitive cases in hopes the Judicial Nominating Commission will pick them as a finalist to be the court’s next chief judge.
Over three hours, the commission interviewed Family Court judges Kathleen A. Voccola, Michael B. Forte, Laureen D’Ambra, Haiganush R. Bedrosian, Stephen J. Capineri and John E. McCann to replace Jeremiah S. Jeremiah Jr. The commission will forward three to five finalists’ names to Governor Carcieri for his consideration following a public hearing Aug. 17.
Forte, of Johnston, told the panel he became intrigued with law and its “power to lift people up or hold people down” in the 1970s. He did a stint student teaching at the Training School and later served as its athletic director, where he saw firsthand the importance of making good decisions and getting a solid education, he said.
At 34, after serving as a state legislator, he was named to the Family Court bench in 1987. He viewed its mission as healing broken families, he said, adding that his years as a former restaurant owner and legislator gave him business and management experience that made him the best candidate for chief judge. “This is a management position.”
Forte stressed that Family Court is “not a social service agency” and that it needed to get back to its core mission. As chief judge, he would do an exhaustive review of the court’s resources and reorganize the truancy program, he said. He would like to see increased use of technology to make the court more user friendly, particularly for people who do not speak English.
Bedrosian, the first woman appointed to the court in 1980, said she observed a growing need for family and domestic abuse counseling and substance abuse treatment and said the court must work with outside agencies to address such issues.
She praised mediation as an effective way to resolve divorce and custody cases, adding that as chief judge she would aim to change the court’s tenor to be less adversarial
Bedrosian, of Warwick, said she would like to see a panel set up to provide people who represent themselves in court with legal advice, particularly as the economy lags, forcing more people to do so. “I think that’s the way we have to go.” Bedrosian has served as acting Family Court chief judge since Jeremiah’s retirement June 30.
In response to a question by commission member Robert Silva about strong and weak points within Family Court, Voccola named the juvenile drug court, the family treatment drug court and other specialty courts as strengths. She listed the slow movement of divorce and custody cases as weaknesses.
Named to the bench in 1989, she described the court as both a court and a social services agency by necessity. “There are emotional issues and many people are damaged,” she said.
She said she would conduct an administrative audit and enhance the mediation program if she led the court. She emphasized that her supervisory and administrative background as the former state liquor control administrator as well as her diligence made her well equipped for the job.
“We often see good people on their worst days,” Capineri, of East Providence, observed to the commission. As chief judge, he said he would have the judges handling truancy cases tackle mediation every other day. He would also assign two judges to a dedicated trial calendar to move cases along, he said.
Appointed Family Court judge in 2001, Capineri said he would concentrate on staff training and establish an “arbitration week” each year to help resolve cases without a trial. Slow moving cases, he said, only serve to make people angry with the court, themselves, and drains their pocketbooks. He would endeavor, he said, to facilitate people sitting down to work out cases like “human beings,” in a less caustic manner.
McCann prided himself of making every sports game his children played throughout his career and his dedication to family. His three decades practicing family law imbued him with an understanding of what is working in Family Court and what is not.
Improvements needed are more mediators and more interpreters, said McCann, who Governor Carcieri appointed to the court last October. “The system does work it’s just a question of tweaking it here and there,” he said.
He ensures the safety of domestic violence victims and their children, he said, by strict enforcement of court orders. He added that his years as a corporate officer at a law firm and his ability to deal with and relate to people made him a good fit for the job.
D’Ambra said she was inspired to pursue the law and help children doing a thesis on teenage prostitutes in college in Boston. She realized then, she said, that the main things separating her from them was her economic background and education. Success in Family Court could keep a person out of adult court later in life, she said.
D’Ambra, of Lincoln, appointed judge in 2004, said her years as legal counsel for the state Department of Children, Youth and Families and as the state’s Child Advocate made her well-qualified to lead Family Court. She listed as an accomplishment recruiting Roger Williams University School of Law students to help mediate cases.
To protect children from abuse, she said she has night and weekend checks done to ensure that victims and the perpetrators are obeying protective orders. If they are not, she removes the children from the house, she said. Additionally, she has her clerk review each party’s criminal background to determine if any domestic violence issues are at play.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
6 candidates vetted in search for new R.I. Family Court chief judge
August 11, 2010
By Katie Mulvaney
Journal Staff Writer
PROVIDENCE –– Six Family Court judges Tuesday night shared their perceptions about strengths and weaknesses of the court that handles divorces, child custody disputes and other sensitive cases in hopes the Judicial Nominating Commission will pick them as a finalist to be the court’s next chief judge.
Over three hours, the commission interviewed Family Court judges Kathleen A. Voccola, Michael B. Forte, Laureen D’Ambra, Haiganush R. Bedrosian, Stephen J. Capineri and John E. McCann to replace Jeremiah S. Jeremiah Jr. The commission will forward three to five finalists’ names to Governor Carcieri for his consideration following a public hearing Aug. 17.
Forte, of Johnston, told the panel he became intrigued with law and its “power to lift people up or hold people down” in the 1970s. He did a stint student teaching at the Training School and later served as its athletic director, where he saw firsthand the importance of making good decisions and getting a solid education, he said.
At 34, after serving as a state legislator, he was named to the Family Court bench in 1987. He viewed its mission as healing broken families, he said, adding that his years as a former restaurant owner and legislator gave him business and management experience that made him the best candidate for chief judge. “This is a management position.”
Forte stressed that Family Court is “not a social service agency” and that it needed to get back to its core mission. As chief judge, he would do an exhaustive review of the court’s resources and reorganize the truancy program, he said. He would like to see increased use of technology to make the court more user friendly, particularly for people who do not speak English.
Bedrosian, the first woman appointed to the court in 1980, said she observed a growing need for family and domestic abuse counseling and substance abuse treatment and said the court must work with outside agencies to address such issues.
She praised mediation as an effective way to resolve divorce and custody cases, adding that as chief judge she would aim to change the court’s tenor to be less adversarial
Bedrosian, of Warwick, said she would like to see a panel set up to provide people who represent themselves in court with legal advice, particularly as the economy lags, forcing more people to do so. “I think that’s the way we have to go.” Bedrosian has served as acting Family Court chief judge since Jeremiah’s retirement June 30.
In response to a question by commission member Robert Silva about strong and weak points within Family Court, Voccola named the juvenile drug court, the family treatment drug court and other specialty courts as strengths. She listed the slow movement of divorce and custody cases as weaknesses.
Named to the bench in 1989, she described the court as both a court and a social services agency by necessity. “There are emotional issues and many people are damaged,” she said.
She said she would conduct an administrative audit and enhance the mediation program if she led the court. She emphasized that her supervisory and administrative background as the former state liquor control administrator as well as her diligence made her well equipped for the job.
“We often see good people on their worst days,” Capineri, of East Providence, observed to the commission. As chief judge, he said he would have the judges handling truancy cases tackle mediation every other day. He would also assign two judges to a dedicated trial calendar to move cases along, he said.
Appointed Family Court judge in 2001, Capineri said he would concentrate on staff training and establish an “arbitration week” each year to help resolve cases without a trial. Slow moving cases, he said, only serve to make people angry with the court, themselves, and drains their pocketbooks. He would endeavor, he said, to facilitate people sitting down to work out cases like “human beings,” in a less caustic manner.
McCann prided himself of making every sports game his children played throughout his career and his dedication to family. His three decades practicing family law imbued him with an understanding of what is working in Family Court and what is not.
Improvements needed are more mediators and more interpreters, said McCann, who Governor Carcieri appointed to the court last October. “The system does work it’s just a question of tweaking it here and there,” he said.
He ensures the safety of domestic violence victims and their children, he said, by strict enforcement of court orders. He added that his years as a corporate officer at a law firm and his ability to deal with and relate to people made him a good fit for the job.
D’Ambra said she was inspired to pursue the law and help children doing a thesis on teenage prostitutes in college in Boston. She realized then, she said, that the main things separating her from them was her economic background and education. Success in Family Court could keep a person out of adult court later in life, she said.
D’Ambra, of Lincoln, appointed judge in 2004, said her years as legal counsel for the state Department of Children, Youth and Families and as the state’s Child Advocate made her well-qualified to lead Family Court. She listed as an accomplishment recruiting Roger Williams University School of Law students to help mediate cases.
To protect children from abuse, she said she has night and weekend checks done to ensure that victims and the perpetrators are obeying protective orders. If they are not, she removes the children from the house, she said. Additionally, she has her clerk review each party’s criminal background to determine if any domestic violence issues are at play.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Thursday, July 15, 2010
Mother Allowed to Relocate to RI With Child
Child Custody and Support Lawyer Rui Alves secures relocation allowance for mom with sole custody.
Issue: MA Child Custody/Support
Details: Mother wanted permission to relocate the child to Rhode Island. The parties had shared legal custody of the child. After successfully obtaining a guardian ad litem, mother was allowed to relocate to Rhode Island and awarded sole legal custody of the minor child.
Decision: Father was ordered to pay child support.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
Issue: MA Child Custody/Support
Details: Mother wanted permission to relocate the child to Rhode Island. The parties had shared legal custody of the child. After successfully obtaining a guardian ad litem, mother was allowed to relocate to Rhode Island and awarded sole legal custody of the minor child.
Decision: Father was ordered to pay child support.
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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.
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