Showing posts with label Self-Represented Litigants. Show all posts
Showing posts with label Self-Represented Litigants. Show all posts

Thursday, June 16, 2011

Orange County Judge Admits Domestic Violence Laws Misused


In a recent Judicial Council publication, an Orange County judge inadvertently acknowledged that domestic violence laws are misued.

Bureau of State Audits Elaine M. Howle State Auditor California, J. Sharon Reilly C.E.A., Doug D. Cordiner Chief Deputy State Auditor, Donna L. Neville Staff Counsel, Steven B. Russo Staff Counsel, Scott Baxter Staff Counsel, Denise L. Vose C.E.A., John F. Collins C.E.A., Joanne Quarles Principal Auditor, Debbie Meador C.E.A., Michael S. Tilden Principal Auditor, John R. Baier Principal Auditor, Karen L. McKenna Principal Auditor, Michelle J. Baur Principal Auditor, Raymond G. Parks Principal Auditor, S. Ramirez-Ridgeway Staff Counsel, James Sandberglarsen Principal Auditor California Bureau of State Audits
New Report from the Judicial Council of California
Domestic violence laws serve an important function, but here at the Family Court Accountability Coalition we are contacted regularly by self-represented family court litigants who have provided us with court records and other conclusive evidence that they have been falsely accused of domestic violence - almost always in cases where the opposing party is represented by an attorney.

FCAC has documented that to gain a tactical advantage in a divorce, many attorneys encourage their clients to make false spousal abuse accusations. An accusation of domestic violence can result in the reduction or elimination of temporary and post-judgment support obligations, one-sided child custody and visitation orders, and an inequitable division of community property.

Thursday, April 29, 2010

One Party Self-Represented In More Than 75 Percent of Family Law Cases

Key Statistic Omitted from Elkins Task Force Final Report



Chief Trial Counsel Jayne Kim State Bar of California Office of the Chief Trial Counsel, Joseph Robert Carlucci Deputy Chief Trial Counsel, Patsy J. Cobb Deputy Chief Trial Counsel, Michael John Glass Deputy Chief Trial Counsel, Alan Bernard Gordon Assistant Chief Trial Counsel, Melanie J. Lawrence Assistant Chief Trial Counsel, Kristen Lyn Ritsema Senior Trial Counsel, Kimberly Gen Kasreliovich Deputy Trial Counsel, California State Bar,
Task Force Whitewashes Critical Statistic
In many California communities, more than 75 percent of family court cases have at least one self-represented party, according to the Elkins Task Force Final Report and Recommendations [pdf], released this month by the Judicial Council.

"Given the complexity of family law issues, why do people represent themselves? All too often they have no choice...What is at stake in the family court process are long lasting decisions that affect people's most fundamental and important aspects of their lives."

What the report conveniently doesn't mention, and apparently whitewashes is the number of family court cases in which one side has an attorney and the other doesn't. Based on our research and anecdotal evidence, that is the critical statistic.