Sherea Vitelli’s Legal Blog

What is involved in a Protective Order Hearing?  At a protective order hearing or PO hearing I will generally ask the client a series of questions regarding the abuse he or she has endured during their relationship.  Yes, that means you must be on the stand to answer these questions.  Then the opposing side will be able to cross examine you on any questions that were asked on direct examination.

How well am I prepared for the PO hearing?  Extremely well.  Once my client has accused his or her spouse of abuse then I will file an Emergency Protective Order in within the allotted time frame.  Or I will file an Application for Protective Order.   Both of these documents are guided by the affidavit from the client which details the history of abuse.  During the preparation meeting, I will not only go over your affidavit but draw my questions from them.  Then we will go through them together.  Additionally for preparation  I will conduct a series of questions for the client in which I believe the opposing side may potentially ask.  When the client leaves my office they have a better understanding of what will happen and what potentially could happen at their protective order hearing.

If you have been abused by your spouse or you are being accused of abuse, contact me, Sherea Vitelli, at Garg and Associates and let me help you with the protective order hearing.

What is discovery?  Discovery is the process in which attorneys obtain information from the other side to determine their case.  It is used in divorce cases to learn about the assets and liabilities.  It is also used to find out who the parties intend to call for witnesses, or experts.  Usually it is sent out before temporary orders and sometimes after.  Generally, I will send the client all the discovery and ask my client to return the materials to me within about 2 ½ weeks.  This gives me and the client ample time to respond and go over any questions the client have may.

It is necessary to respond?  Yes, it is necessary to respond because failure to respond means failure or inability to present any evidence at trial.  This goes for both sides.  Unless my client has a compelling reason for not complying with court rules, all discovery must be answered. 

What happens if I refuse to answer discovery?  Potentially you can be sanctioned, or fined monetarily, by the judge.  You can be forced to answer by the court then ordered to pay the other sides attorney fees for such request.  Or your pleadings can be struck from the case.  Generally the court will give you a deadline for which you must respond and then fine you.

All in all it is best to follow the advice of your attorney and answer the discovery as quickly as possible.  If you have nothing to hide, the discovery is not an issue.  Here at Garg & Associates, our clients are well informed when it comes to discovery.  Generally I have my client obtain the documents and then come into the office to go over the documents and answer all questions.  Contact me Sherea Vitelli and let me help you in your family law matter.

Well if you have been keeping up with my blogs, you will remeber that I had two wonderful pups for over 12 years.  First was my beautiful mut, Gixxer who just had to be put down, July 23, 2009 after a short battle with prostate cancer.  Just 3 days after I brought my beautiful baby boy home.  Then if you remeber my other dog, Ninja, a beautiful fawn Great Dane.  She passed away in April 2009 from a heart attack at the great age of 10 1/2 years old.

These two animals were our children until we actually had our own child.  It often amazes me when people tend to fight over animals.  Although, I truly understand, it just amazes me.  I recently had a case where a man left a women for over 15 months.  At the time of trial, he tried to ask the court for his dog back which he left at the residence with his wife.  Now, 15 months later, he wants the dog back.  I dont think so.  That dog should be treated like any other family member.  If he wanted it he should have taken him with him. 

Divorce often brings the worst out in people.  As I tell all my clients, there is a reason you are asking for the divorce now.  Dont feel guilty for asking for certain items, espically not an animal.  When you are going through your divorce, contact me, Sherea Vitelli, and let me help you keep what is important to you.

Recently a client came to my office for a modification of child support.  This then turned into a modification for custody.  Ultimately he opened a can of worms with his ex wife.  He decided that it was his best alternate to lie to his attorney when asked if his child support was current.  Well it was not and believe me, I check. 

Once the modification was filed, the ex decided to go strictly by the guidelines of the possession period.  He called me up and asked why he cannot get more time.  Generally, I replied because she does not have to, the orders are clear.  He could not understand how she could just stop the extra visitation which was outside the order.  I quickly informed him that he just had her served to reduce child support and she is extremely upset.  All was understood by the client.  Then he decided during all of this to place the suit on hold.  Next thing I know he got married because he got another girl pregnant.  Well this really upset his ex and he now was going to have to pay less child support because now he had another child on the way.  As if life could not get more complicated, he ended up getting a quick divorce and tried to get back with his ex.  When that did not work out, the two ex’s became friends and his reduction in child support ended up becoming an enforcement for child support.  The client lied to his attorney on several occasions.  He lied about his payments and the money in his accounts.  When discovery was done, he avoided his attorney only creating more problems and bigger legal bills.  In the end, the attorney withdrew from his case and he ultimately had to pay the child support.

All in all don’t lie to your attorney because we cannot protect you.  Not everything is dramatic and can easily be fixed or covered if it is known a head of time.  Here at Garg and Associates, I take pride in my cases and it is refreshing to have clients just come clean in the beginning.  We ask questions for a specific reason.  Take a good lesson, don’t lie to your attorney.  We cannot tell anyone your secrets due to the Attorney/Client privilege.  Take advantage of it.

Well lets get one thing straight.  In Texas when two parties are going through a divorce and they cannot decide what to do with the house, the courts will do one thing- force a sell of the house.  That is what I always believed until here recently. 

Just before I went on maternity leave I had a trial in divorce over property – mainly because they had no children to argue over.  The house was the stickler.  My client wanted it and that was the bottom line.  Her soon to be ex decided to be vindictive and tried to say he wanted it.  We went to mediation and of course we could not settle.  My client finally agreed they would sell the house until he started to add stipulations on who could purchase the house or who could live in the house.  Well I am so sorry buddy, but that is not enforceable.  A court will not make stipulations as to who can purchase a home in the State of Texas.  Next thing you know because of his stubbornness we had to go to trial on that issue alone.  Needless to say after about 1 and ½ hours of testimony from both my client and him, the court ultimately awarded the house to my client without the necessity to refinance the home. 

Now that goes to show, don’t give up what you want. I told my client if she really wanted the house then fight for it.  Don’t give up until the judge tells you to sell the home.  When you are in a divorce situation remember you are the boss not the attorney.  This is your case and your life.  Attorneys are only there to guide you and give you direction with options.  Here at Garg and Associates, I always give my clients several options and what could potentially happen in court.  After that it is the client who must ultimately decide what is best for them.  When you go through your divorce contact me, Sherea Vitelli and let me guide you to a better decision.