October is Domestic Violence Awareness Month

I received this today via Email.   Good afternoon, October is Domestic Violence Awareness Month, a time for each of us to reflect on the devastating impact that domestic violence has on our society. You can scarcely get through a day without hearing a news report about a violent incident in the community. The national conversation often revolves around high-profile instances of abuse, illustrating that money and success are not safeguards. We at the Clerk’s Office deal with those in fear every day as they come to us seeking a judge’s order of protection against someone they believe wants to hurt them. I am proud to say that our recent partnership with Harbor House of Central Florida has already resulted in getting quick help to more than 25 people who may otherwise have had to wait up to 72 hours for their cases to be heard. If you are dealing with assault or stalking, three days is a long time – maybe too long. In April, I began deputizing more than two dozen Harbor House employees. Taking the oath of office has allowed them to continue processing domestic-violence injunction petitions during the hours that the Clerk’s Office is closed. That means no one has to wait overnight or through a holiday or weekend for a Clerk’s Office employee to take their paperwork. “Having this opportunity to swear in our employees to save lives is our primary goal, since being able to process a domestic violence injunction when the Clerk’s Office is closed is crucial for a victim in a domestic-abuse situation,’’ said Carol Wick, president & CEO of Harbor House of Central Florida. “It also enables us to uphold no-contact orders at any Harbor House location, which eliminates one more barrier to protecting survivors and holding abusers accountable.’’ Through September, more than 4,800 people had visited the Orange County Clerk’s Office this year seeking court-ordered protection. If that pace continues, the year-end number will be higher than that of 2013. The paperwork is several pages long and is available at the Clerk’s Office and its branches. It is also available online at myorangeclerk.com, which allows the petitioner to fill out the forms privately and thoroughly, away from crowds and bystanders at the courthouse. I also recently made Affidavit of Violation paperwork available online. This is the form a survivor fills out if their attacker has violated an injunction order. To reach Harbor House of Central Florida after hours, please call 1-800-500-1119. Regards,

Eduardo “Eddie” Fernández Orange County Clerk of Courts

Why Collaborative Divorce?

There are MANY reasons to choose a Collaborative Divorce, Costs, Timeliness, Process, Control, CHILDREN.

The Costs associated with asking a Judge to decide major issues in a divorce case can range from hundreds to tens of thousands of dollars. Most attorneys know what the judge is likely to decide given the limited facts the judge will ultimately hear. So why should you give aways your children's college fund in order to risk the judge seeing things your former spouse's way? You should not.

Timliness is how long it will take to have the Judge make a decision. Just getting on the calendar for a hearing may take several weeks to several months. At hearing, if your attorney runs short of time, either because he did not prepare or because the other side managed to distract and stall the presentation of evidence for your case, you may have to wait several more weeks or months to finally have the Judge hear all the evidence allowing a ruling. That ruling may be subject to appeal, or the Judge may take some time to reduce an oral ruling to writing, delaying a few more weeks, or in the case of appeal, several more months.

In a Collaborative Case, time is determined by your attorney's scheduling with the other team members who are all working to Resolve the situation, not to delay decisions! This Collaborative Process puts YOU in Control of the Decisions. Having a Communications Coach, and your legal advisor, helping You Make the Decisions saves time, and ultimately results in a Much less Stressful process for your family. Ultimately, Collaborative Divorce results in Less Drama for children as Parents can learn to work together even though they are no longer married and living together. The reduction in stress in the household, along with new communications styles and mediums may have a lasting effect on your family, and especially your Children. Call me 407-645-3297 or visit my website at www.aubreylaw.com

Still not convinced, according to Lauren Hansen, there are at least 9 more to consider when Children are involved:

9 negative effects divorce reportedly has on children

The Week – Thu, Mar 28, 2013

http://news.yahoo.com/9-negative-effects-divorce-reportedly-children-220900169.html

Just in case you missed it - Divorce brings on a world of issues for children.

We like to think children are resilient and can adapt easily, but in reality, childhood trauma manifests itself for YEARS to come in their lives.
Make the Decisions Now so in the future, your children will Thank you.

Change to Social Security Hours

In case you missed it, the Social Security Administration announced a change effective August 15 of this year. The announcement will no doubt affect services provided by attorneys as well as the Social Security Office. If your Elder Law Attorney or Family Law Attorney must deal with Social Security Issues as well, this is Not a welcome change. The announcement follows:

Effective August 15, 2011, Social Security field offices nationwide will close to the public 30 minutes early each day. For example, a field office that is usually open to the public Monday through Friday from 9 a.m. to 4 p.m. will close daily at 3:30 p.m.

“While agency employees will continue to work their regular hours, this shorter public window will allow us to complete face-to-face service with the visiting public without incurring the cost of overtime for our employees,” said Michael J. Astrue, Commissioner of Social Security. “Congress provided our agency with nearly $1 billion less than the President requested for our budget this fiscal year, which makes it impossible for us to provide the amount of overtime needed to handle service to the public as we have in the past.”

Most Social Security services do not require a visit to an office. For example, anyone wishing to apply for benefits, sign up for direct deposit, replace a Medicare card, obtain a proof of income letter or inform us of a change of address or telephone number may do so at http://www.socialsecurity.gov/ or by dialing our toll-free number: 1-800-772-1213 (TTY 1-800-325-0778).

In Elder Law, Family Law and Divorce, many people have to discuss how to allocate Social Security Benefits paid to children or dependents. Sometimes these are the only assets or income for the family. If you need help, Call me at 407-645-3297 or visit my website at www.aubreylaw.com

I look forward to hearing from you. Aubrey

Happy New Year 2011

Happy New Year!!!

Did you make any New Year's Resolutions?

This is a time when many people set out to change their life; whether that means changing budgetary finance issues, dietary health issues, life philosophies, or problem solving techniques, I wish you the very best.

I recently reviewed The 10 Commandments of Common Sense, by Hal Urban. What a great guide for life transformation! As you know, Common Sense is in many cases quite uncommon!

1. The past three years have given many people new perspectives of financial issues, and consumer spending. People have begun using Layaway plans, and Christmas Club accounts again. As a child, I used a Layaway Plan at Kmart to purchase a Green Machine, the hot toy for kids one year. After only 4 months, I had worked to earn the 31.50 plus tax to get the toy out of the store. I rode my Green Machine for many months, then sold it at a yard sale.

Remember Yard Sales? I have been recommending those to clients quite frequently. How much stuff do we really need. Donations to Good Will, the Salvation Army, and other recyclers is a side benefit of spring cleaning which I want to start sooner rather than later. Donations to charities also help the bottom line at tax time if you keep good records of gifts and values.

Remember Visa? MasterCard? American Express? How much are you using those plastic perils? I have heard from so many people that they no longer carry a credit card other than their banks own debit card for purchases. If they need to borrow to spend, they are rethinking the spending and planning other avenues of support.

2. I signed up to run the New York City Half Marathon. I have run several in the past and need to get back into distance running shape. Eating right and exercise provide benefits for life that far outweigh the temporary happiness found in a bowl of ice cream or extra juicy Pittsburgh Style rib eye. Oops, now my mouth is watering.

3. My life philosophy has always been to follow the teachings of Jesus Christ. Call me a Christian, I am not offended. I am also not pushy. For me, I find the Holy Bible to be full of truth and also suggestive of consequences. As a member of the Board of Directors of Christian Ethics Today, I enjoy finding new ways to serve God.

4. Problems solving techniques are really central to my work as an attorney. My favorite technique is merely Anti-procrastination. If you can do it today, why wait til tomorrow? Another is to learn all you can so you can consider more than one solutions to a problem. Time is a precious gift, and its wise use is central to living a life well.

When you have a legal issue this year, I hope you will call me. I can help find a solution or alternative course of action. When issues arise with aging parents, Elder Law Attorneys have great experience dealing with the common issues, and uncommon advice for the truly bizarre issues. Family Law practice centers on Divorce and making sure the needs of children are met. Please call me when you would like to discuss options for your life.

Divroce and Child Custody (Timesharing in the 2010 era)

When a couple divorces, their children often feel the pain.

Parents may be relieved, but the children can experience greater loss than the parent may appreciate. Justifications, such as, "they will be better off not having all the fighting in the house" seldom compensate for the loss of the other parent in the home.

For Teens, the loss includes supervision and observation, for younger children, feelings of security and comfort.

Of course there are exceptions. When the marriage and home life has been marked by domestic violence, fighting, inconsistencies, disparate treatments, etc. the children may be as relieved as the parents that the decision to separate has Finally been made.

In Florida we no longer discuss "Custody" or "Primary Residential Responsiblity" with regard to who will most parent the children. Now we use the term Timesharing. The parent with the Majority of the timesharing is not the Custodial Parent. That is the person with the child physically at any given time. What a confusing world.

Lets make it as easy as possible: Both parents Share Parental Responsibility. When the child is with dad, dad is the custodian. When the child is with mom, she is the custodian. The Timeshare each parent has is related to what portion of each week the child spends with that parent. Alternating Weekends is still the "fallback" minimum visitation Timeshare used most often by the courts.

When you have questions, call an attorney who understands these concepts. Selecting an attorney who is familiar with the recent changes to the Florida Statutes will help you ensure your rights are honored and decisions respected. Call me at 407-645-3297 or visit my website at www.aubreylaw.com

I am ready to assist you.

Why Attorney's Try

I had a call today from a man who wants to see his child. Unfortunately, the last time the man saw his child, Police were taking him away to jail on charges of domestic violence. Three weeks later, should all be forgotten?

Sometimes it is better to take a little time to make sure a situation will not recur. Courts can and will use a Timesharing Parenting Plan to establish a routine for the child to ensure the parents have little opportunity to fight or argue.

Now why would an attorney say, "Wait one more week to see your child?"

Because, despite years of jokes and news items almost daily of attorneys acting in their own interests, many of us want to see children raised in the safest possible environment.
When domestic violence is present in the home, DCF, the Department of Children and Families can move in to take the children from the home and place them in foster care. I do not want any children taken by the state and placed in foster care. There are far too many for which this reality is unavoidable.

In cases where attorneys are involved from the start, many times unpleasantness can be avoided or minimized to prevent things escalating to a point where the State has an Obligation to Protect the children by removing them from the home.

If you find yourself in a violent home, call me at 407-645-3297, I will make every effort to assist you.

Visit my website at http://www.aubreylaw.com/ and learn more about me and the services provided by my firm.

WE PROTECT CHILDREN.

No child should have to see his or her parent harmed, especially by the other parent.

Busy Weeks! And this is Summer!

Wow, I have been very busy lately: All day trial as a Guardian Ad Litem; half day trial to a magistrate on Child Support Enforcement; half day trial on Domestic Violence to have an injunction disolved; meetings to establish guardianships for adults, children with developmental disablilities soon to be adults; meetings with clients arrested and charged under Arizona-law like immigration issues, and many meetings to figure out how to stop a Mortgage Foreclosure case where the Bank acted improperly.

As to Domestic Violence: Do Not Touch. If you find yourself in a situation where the other party refuses to listen, touching them will not help their ears to work! Sounds kind of funny, but is deadly serious. If you are touched without your consent, call the police, File a report, seek an injunction, tell the truth. When in court the judge asks if you ever argue with your spouse, remember, it takes two to tango, and argue. Its OK to disagree. Its not OK to force your partner to agree, listen, share, play, etc.

If you are owed child support, the Florida Department of Revenue will enforce your child support order. Inquire at the courthouse. Take your final judgment and child support order and Anna Tangel-Rodriguez will help you (in Orange County, Florida). If someone owes child support you are doing no favors by ignoring it. Driver's Licenses can be revoked, their right to work can be impacted, Tax Refunds can be seized, they can be sent to jail, but only if you let the court know of the missing child support. I meet people every week who are living hand to mouth because they don't want to be the bad guy enforcing child support. Your Children Deserve Better!

Guardianships can be very tricky, very costly, and very necessary. In fact, when guardianships are most needed they are usually most expensive. Acting early to intervene in your elder family member's life may save much heartache down the road. Taking action today can save many problems tomorrow. A Durable General Power of Attorney may obviate the need for a guardianship, saving substantial funds in the process.

Probate avoidance is not difficult with proper advice and representation. Updating beneficiary statements with the bank or insurance company can avoid probate saving thousands of dollars in fees. Transferring title to real estate while retaining a Life Estate or through the use of a "Lady Bird Deed" can help avoid probate as well. Call an attorney if you have questions.

I am available at 407-645-3297, or visit my website at www.aubreylaw.com

What Not to Expect from Your Attorney

Guarantee: No Attorney should Ever "Guarantee" a certain result from a court. Many times courts rule on issues in line with past rulings; however, a Guarantee of any certain result is prohibited by the rules of ethical conduct. The Attorney can never forsee every possible occurrance or testimony in a given case. With the facts at hand the attorney may recommend a course of action, but any "Guarantee" of what the court will do, is quite simply bad advice.

Promise: Like a Guarantee, for an attorney to "Promise" a certain result is not allowed. The attorney has no control over the other party, and no control over the court.

Advise that the Client Lie: Attorneys are forbidden to illicit testimony they know to be false. This means, if the attorney asks the client a question under oath, such as at trial or deposition, and the client answers in such a way as the attorney Knows the answer if False, the attorney must correct the situtation. There are ethical rules every attorney MUST follow to ensure the integrity of the court system. The most important is not to allow the client to lie to the court.

Willingness to Lie for the Client: Just as the attorney cannot encourage or permit the client to lie to the court, so the Attorney if Forbidden to Lie for the client. If your attorney is willing to lie for you, how can you trust that your attorney will not lie TO you?

Dishonesty: At the heart of the Attorney-Client privilege is the notion that the attorney cannot adequately represent the client without full knowledge and honesty from the client. The Client therefore Must be able to Trust the Attorney to Fully and Fairly answer questions posed. In order to protect the client to fully reveal information that may help or harm the case, the attorney-client privilege prevents the attorney revealing or using the information to the client's detriment.

Perfection: The PRACTICE of Law is truly an art, not a science. Statutes are continually amended by legislatures, interpreted by courts, and exposed by attorneys. Sometimes what has always occurred doesn't and many times the court has not had a question posed in this way. Attorneys may not have all the information necessary to completely anticipate every possible problem. But we try!

If you can accept attorneys are only human, you may be able to accept their assistance!