Forfeiture By Wrongdoing – Ohio Supreme Court Bungles Domestic Violence Case

Forfeiture By Wrongdoing – Ohio Supreme Court Bungles Domestic Violence Case
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What does Forfeiture by Wrongdoing really mean in Ohio Courts?

Attorney Charles “Bill” Morrison has once again retaken the reins of the Ohio Criminal Defense Law Blog as it’s managing editor. Below is his recent post dealing with both domestic violence and evidentiary issues in the context of a criminal case. I thought that our Ohio Family Law Blog readers might enjoy it! Click on the Ohio Criminal Defense Law Blog link and click the follow button or use the email signup to become a regular reader.

forfeiture by wrongdoing domestic violenceWhile doing some research the other day for a current case, I read the most recent Ohio Supreme Court case on the ages-old doctrine of forfeiture by wrongdoing and boy did it have some, shall we say, interesting “takes” by our esteemed elected justices.  I’ll start with the basics:  every criminal defendant is entitled to confront the witnesses against him at trial.  In other words, if someone provides testimony at your criminal trial, you have the absolute right to cross examine that person.  This is an inviolate right under the 6th Amendment.  Did I say inviolate?  What I should say … Read More... “Forfeiture By Wrongdoing – Ohio Supreme Court Bungles Domestic Violence Case”

Blast From The Past: Hitting The Airwaves With “Big George” On The BBC

Blast From The Past: Hitting The Airwaves With “Big George” On The BBC
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“The experience being interviewed by celebrity “Big George” of the BBC radio in London was really a memorable and fun one! George had read a blog article of mine which he seemed to really enjoy. “Big George” Webley seemed like a cool guy and had a wild wit and great sense of humor. He asked me a couple hilarious questions during the interview which got me laughing. After this episode, I only talked with him 1 other time. Sadely, “Big George” passed away on May 7 2011, at the young age of 53. To the power of the internet and the reach of the Ohio Family Law Blog, I say thank you for creating this blast from the past! May you rest in peace “Big George”.

Prenuptial agreements

England is trying to catch up with Ohio and the rest of the United States when it comes to Family Law.  Until a landmark case last week, the courts in England and Wales put little, if any, weight on the terms of prenuptial agreements.  Prenuptial agreements (also called antenuptial agreements) in one form or another have been around for a very … Read More... “Blast From The Past: Hitting The Airwaves With “Big George” On The BBC”

Abbreviations Kids Use on Cellphones That Parents Should Know!

Abbreviations Kids Use on Cellphones That Parents Should Know!
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Texting Lingo That A Teenager Might Use On Their Cellphones, A Parents Guide To Emojis!

teenager emojisWhen you think about the stereotypical teenager, what comes to mind?  A pimply twig that enjoys blaring bubble gum pop music while their face is stuck in a cellphone screen? Or perhaps you thought of a certain smell attached to the essence of a teenager such as molding pizza. Whatever your stereotypical teenager looks like (or smells like) in your mind, they probably had a cellphone in their hand.

Cellphones have been around for a while now, journeying from a car phone to a screen the weight of a brick. Most adults know what a flip phone is, and how sending text messages were a time consuming process. To combat the time consuming process of sending a friend a quick message, cell phones acquired their own texting lingo made up by young people to communicate faster.

However as time progressed, it seems that the only ones using texting lingo/abbreviations are the same ones who created it back in the day. After coming across many articles of “This is the Text Slang … Read More... “Abbreviations Kids Use on Cellphones That Parents Should Know!”

Same-Sex Marriage Alert: U.S. Supreme Court Ruling on Birth Certificates

Same-Sex Marriage Alert: U.S. Supreme Court Ruling on Birth Certificates
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Supreme Court Rules States May Not Treat Same-Sex Marriage Couples Differently From Others When Issuing Birth Certificates

same-sex marriage supreme courtOn Monday, June 26, 2017, the United States Supreme Court reversed a decision from the Arkansas Supreme Court. The decision that was just overruled by the United States Supreme Court was monumental in that the Supreme Court reaffirmed its 2015 decision, Obergefell v. Hodges, recognizing constitutional rights to same-sex marriage. The Supreme Court ruled that states may not treat married same-sex couples differently from others when issuing birth certificates. The case in question, Pavan v. Smith, concerns an Arkansas law that treated same-sex couples differently than opposite sex-couples.

In Pavan, married lesbian couple had jointly planned their child’s conception by means of an anonymous sperm donor. However, when the parents went to list both moms as parents on the birth certificate, Arkansas state officials would only allow the biological mom to place her name on the certificate. Unfortunately, under Arkansas law, same-sex couples were unable to have a same-sex spouse listed as a parent, whereas an opposite-sex couple could automatically have a non-genetic father listed on … Read More... “Same-Sex Marriage Alert: U.S. Supreme Court Ruling on Birth Certificates”

Blast From The Past: The Red Ones Are the Best!

Blast From The Past: The Red Ones Are the Best!
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“The Ohio Family Law Blog has continuously been posting information about divorce and family law topics since 2007. We are frequently asked about articles in our archives. So that got us thinking, perhaps it might be fun to occasionally repost a “Blast From The Past”…SO, IT’S BLAST OFF TIME!

4th Of July FamilyIt seemed appropriate that I should write something for the family law blog geared towards the “Birthday of America”. In the past, I liked to reflect upon the holidays and tried to find some correlation between the specific holiday and my family law practice. Not always an easy task without becoming repetitive in discussing how to celebrate the day in the aftermath of a traumatic divorce.  So, as I pondered possible themes, I considered offering a bit of a twist on “Independence Day”. Or, perhaps, writing a patriotic post about America and the importance of family values.  In the end, I decided to go in a different direction.

As I think about this holiday, it brings back many fabulous memories. As a child, it was in my top two or three yearly holidays. I loved that it was … Read More... “Blast From The Past: The Red Ones Are the Best!”

Gender Equality: U.S. Supreme Court Rules for Unwed Mothers and Fathers

Gender Equality: U.S. Supreme Court Rules for Unwed Mothers and Fathers
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Supreme Court Rules Federal Citizenship Rules Unconstitutional, Gender Equality Prevails

gender equality supreme courtRecently the Supreme Court has made a ruling that has progressed society forward and upheld gender equality. On June 12, 2017, in the case of Sessions, Attorney General v. Morales-Santana, the Supreme Court ruled that the current federal citizenship rules were unconstitutional. Justice Ruth Bader Ginsburg wrote for the majority. This decision is a major victory for the justice, who for 20 years battled unsuccessfully for equal treatment of men and women seeking to pass citizenship on to their children.

The current federal citizenship rules state that a child born to an unwed mother automatically becomes a citizen of the United States if the mother previously lived in the United States for at least one-year. However, if a child was born to an unwed father, that child could not become a United States citizen unless the father had lived in the United States for at least five continuous years and two of which the father had to be over the age of 14. In essence, an unwed mother’s child was given preferential treatment over an … Read More... “Gender Equality: U.S. Supreme Court Rules for Unwed Mothers and Fathers”

Prenuptial Agreement: How to Ask for a Prenuptial and Avoid a Break-Up!

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prenuptial divorcePrenuptial agreements are daunting to bring up to one’s significant other and many individuals fear bringing up the topic. Many individuals worry that the prenuptial discussion will cause problems, such as making their significant other feel as if they are not trusted or as if there is an anticipation of a divorce in Ohio via a lack of commitment. However, research has shown that having a prenuptial agreement may in fact strengthen a relationship. Did you know that According to a survey of the American Academy of Matrimonial Lawyers (AAML), 63 percent of divorce attorneys say they’ve seen an increase in prenuptial agreements  over recent years? This is NOT just a male thing either.  Forty-six percent of these lawyers also noted an increase in the number of women initiating requests for prenuptials.

Moreover, there are benefits that may arise from having a prenuptial such as:

  1. A prenuptial can simplify a divorce by addressing the subjects of spousal/child support, the division of debts and assets, and so on…
  2. A prenuptial can also reduce the cost of a divorce simply because it hopefully removes almost all costs associated with
… Read More... “Prenuptial Agreement: How to Ask for a Prenuptial and Avoid a Break-Up!”
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