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November 2014 Archives

Father's Rights Powerful Poem

prentice_powell_9122_500x220Prentice Powell gives powerful poem on Arsenio Hall show about being a good father. Watch the link https://www.youtube.com/watch?v=A-mJUcWpg1U.  http://luxuryawaits.com/versesandflow/images/artist/poets/prentice_powell_9122_500x220.jpg For information on Father's rights in Northern Kentucky contact Michael Bouldin at mwbouldin2@gmail.com or call (581-MIKE) 859-581-6453.

KY Holiday Visitation - Divorce

If you have questions about your holiday visitation schedule, you probably should have already filed your Motion with the local family court in Kentucky.  Trying to fix holidays for the current calendar year is like putting a Band-Aid on a severed finger. That said, there are a number of guidelines that a seasoned family law practitioner will generally advise to clients.  It is important to remember (1) try to resolve differences amicably; (2) always follow any existing orders; and (3) if there are no orders, you have the right to do whatever you want (and so does your spouse). I will deal now with issues surrounding (2) above, where no actual orders exist.  While you have the right to do what you want, it is seldom advisable to make unilateral decisions.  Family court Judges do NOT like the following: parents that unilaterally make decisions, parents that don't act in the best interest of the children, and parents that keep the children from the other parents absent very good reason.  I refer to these parents as "bad actors." Judges also have ways to level the field should one party act unilaterally or not in the best interest of the children.  Judges will take away future time, will give this year's "losing" party the same time that the bad actor had last year, will make a finding of contempt and give legal fees or other sanctions to the bad actor, and may give primary custody or decision making to the innocent loser. There are general guidelines issued by each family court.  Kenton County holiday schedule is on page 72 of this link and is summarized here: 2014 and even numbered years:

What Is Physical Control?

In Kentucky, the definition of DUI includes the driver being in physical control of the vehicle.  For example, if you are a passenger in a vehicle, you are not in physical control of the vehicle.  There are other times when KRS 189.010 defines DUI in Kentucky as follows: (1) A person shall not operate or be in physical control of a motor vehicle anywhere in this state: (a) Having an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle; (b) While under the influence of alcohol; (c) While under the influence of any other substance or combination of substances which impairs one's driving ability; Obviously the operator of the vehicle is in physical control.  There are other factors which could place a person in physical control. For example, if a person moves the vehicle by pushing then the person with the steering wheel may be in physical control.  If you are sitting at the driver's seat, with the vehicle running... you are likely in physical control. I have represented numerous defendants who were sleeping while in the vehicle.  There are a number of factors which would indicate physical control (or not).  Where was the vehicle?  (in traffic/parked) Was the vehicle on the roadway?  Where was the person seated? (back eat/passenger/driver).  Were the keys in the ignition?  Was the ignition on?  Was the car in park?  Was the engine warm?  There are many very good Appeals Court cases as well as some that are not so good for DUI criminal defendants. If you have been charged with DUI or any other crime, you should speak to an attorney.  For consultation in Boone, Campbell or Kenton counties, call Michael Bouldin at 859-581-6453 (581-MIKE) or email at mwbouldin2@gmail.com.

ABC License and Covington, Kentucky

Representing liquor retail establishment is very similar to criminal defense practice, with the caveat that your hearing is not by an impartial jury in Covington and is heard by only the ABC Board.  In the case with Tanzen Haus, it was clear that the Board (1 member abstaining) had made up their mind far in advance of the hearing this morning, having wanted to initially vote before any evidence or testimony was taken. http://www.cincinnati.com/story/news/local/2014/11/12/tanzen-haus-bar-license-saga-covington/18902789/ The officer on duty did not testify.  Sgt. Jordan, who was present that evening, had great difficult recalling many specifics of the events.  He did recall that he saw a "shot girl" serving drinks, however could not recollect if the lights were on or off nor whether the music was on or off.  Angel Minton, the bar owner, testified that immediately hearing of an incident, she shut down the music and all lights were turned on.  Sgt. Jordan admitted that no individuals were cited for any illegal activities and the bar was not cited for any violations, "but they could have been." "You think when you make a deal with the city that they may honor that deal."  This is the first and only allegation of any disturbance since prior to the hearing in August when Tanzen Haus and the City came to an agreement.   Larry Klein, the city manager, seemed to concentrate that nothing in the Agreement prohibited the City of Covington from initiating proceedings.  The actual language of the Agreement is: "Nothing in the Order shall preclude the City from initiating a licensing proceeding pursuant to Covington Code for Ordinances § 111.025 and/or § 111.032 for any violations occurring after the date of this Order." Mr. Klein failed to consider that there were no violations for said ordinances and that Tanzen Haus was not cited for any alleged violations.  The city has failed to indicate which, if any, section(s) of the Ordinances that Tanzen Haus may have violated.  

Is Divorce for Wealthy More Expensive?

There is no real reason that a divorce involving a wealthy person should be more expensive than that of an average or poor person... but it usually is. Isn't the division of assets simple?  In general, all assets acquired during the marriage are presumed to be marital and are equally divided between the parties.  That said, there are a number of reasons that dissolution of high net worth clients is generally more expensive. 1. Complexity of Holdings.  Division of assets can be fairly straightforward the nature of he holdings may be complex.  For example, ERISA may guide division of qualified retirement plans.  Many pensions are only divisible in certain ways.  Offshore accounts, 403b plans, SEP accounts all differ in their divisibility and many require specialists to prepare QDROs. 2. Non-Marital Interests.  Many times there are family trusts, family corporations or LLCs, and other pre-marital or non-marital assets are involved.  If a trust or inheritance comes in during the marriage, or increases in value during the marriage, the non-marital interest may change and there may be a marital component. 3. Division of Assets and Offsetting.  Division of assets is seldom straightforward.  If you have equity in a home,  investments, retirement, pension, investment property, vacation homes, boats, cars and planes each of these have a fair market value.  It seldom makes sense to sell everything and divide, as many of the assets would not yield value and others would want to be retained.  A straight line offset may or may not make sense, especially depending on the liquidity and tax consequence of ownership/liquidation. 4. Spousal Support/Maintenance.  This is one of the most often litigated issues in a divorce with wealthy clientele.  Often one party has significantly more income earning ability and/or more non-marital assets.  Any time that the relative incomes vary widely, there is potential for maintenance.  Kentucky has no simply formula for determining either the amount or length of spousal support.  Income, length of marriage, reasonable living expenses are the most common questions to initially determine spousal support.  Many other factors, including fault, may play into a spousal support award. 5. Expectations.  Often times wealthy and busy clients demand and have expectations of their attorney: (a)  Prompt communication, often demanding personalized attention and faster than usual access/turn around; (b) Immediate access to counsel and answers to questions; (c) Specific times for meetings, conferences and mediation; and (d) Consideration of schedules and changes for primary earner.  This type of service generally comes with additional cost.  Attorneys bill for their time and the more time spent translates into greater legal fees.  It is important to establish realistic expectations when you first consult with counsel. When you meet with an attorney, explain any unique issues and discuss expectations of both the client and the lawyer.  Often high asset cases turn into high-conflict cases.  This is not always and need not be the case.  Often the collaborative law is an alternative to avoid high level of conflict.   An attorney experienced in handling high asset divorces can best advise those clients heading toward divorce/dissolution. It is important to speak early with an attorney to best protect your assets and your legal rights.  If you have questions in Northern Kentucky, contact Bouldin Law Firm and schedule to speak with Michael Bouldin by contacting mwbouldin2@gmail.com or call 859-581-6453.

What is Penalty for Second Degree Assault in Kentucky?

Second degree assault in Kentucky is a Class C Felony and the penalty is 5-10 years of incarceration and up to $10,000 fine.  Assault, 2nd (A2nd) degree can be assault with a deadly weapon or dangerous instrument or assault with serious physical injury. KRS 508-020 defines Assault in the second degree. (1) A person is guilty of assault in the second degree when: (a) He intentionally causes serious physical injury to another person; or (b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or (c) He wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. (2) Assault in the second degree is a Class C felony. Serious physical injury is defined by statute and requires specific and detailed injuries. A "dangerous instrument" means any instrument, including parts of the human body when a serious physical injury is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury. Assault first degree, A1st, requires both a deadly weapon AND serious physical injury.  Assault Fourth - A4, is a misdemeanor and is physical injury to another without a dangerous instrument or deadly weapon.  There are other issues which must be addressed to determine if a case should proceed to a JURY trial, bench trial or alternative resolution.  It is generally advisable to utilize the services of a local attorney so that you can understand the pros and cons and base your decision in part on which judge and that attorney's experience. If you have been charged with assault (first, second, third or fourth) you need an attorney.  For consultation about your case in Northern Kentucky, call lawyer Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.

How Are Criminal Charges Used In Divorce?

As an attorney for 20 years in Northern Kentucky practicing both family law and criminal law, criminal charges can and are used in a variety of ways during a divorce proceeding. A common use is to claim of domestic violence against a spouse.  This may allow the claiming party to get temporary use of the home, force the other spouse out of the home and even get temporary custody of the minor children. While this may seem as a good tactic, it often backfires if it is proven that the allegations were without merit.  In short, judge's don't like litigants that play games. Non-payment of child support can be charged as a crime. If you are charged with non-payment of support, it could be as a misdemeanor, felony or as a contempt charge in civil court.  All of them could involve fines, fees and incarceration.  If you have any child support issues pending in court, hire a good attorney. Allegations of sexual abuse or abuse or neglect of a child may also be used during a divorce.  While courts do recognize this may be a ploy, especially when allegations first appear during a divorce, the Courts also often err on the side of caution in protecting children.  Until more courts begin prosecuting false allegations, these are likely to continue.  Disproving a sex abuse allegation is nearly impossible, but a very competent attorney can often provide your best defense. As an attorney that handles a fairly large number of divorce and criminal cases, this is unfortunately an increasing area of litigation.  The litigant/defendant must walk the balance of fighting for his children and fighting for his freedom. If criminally convicted, the chances of seeing the children during their years as a minor are very slim.  That must be weighed against the rights to spend time with your children and the best interest of the children.  Family court judges differ widely on how they deal with sex abuse allegations.  Some take the approach to "err on the side of caution" which may lead to many more false allegations.  Other judges seek to punish those who make false allegations, thereby potentially lessening the disclosure of actual abuse. If you are in a divorce or criminal case, get a lawyer.  If you are involved in a situation where criminal charges or allegations are being made, you need competent counsel.  You may need separate criminal and divorce attorney, or one that handles a large number of such cases in order to navigate the way through the juvenile, civil and criminal systems (yes, you may end up on all three).  For a consultation, contact Michael Bouldin at mwbouldin2@gmail.com or call 581-MIKE; 859-581-6453

What is Assault Second Degree?

Second degree assault in Kentucky is a Class C Felony.  A Class C felony is punishable by 5-10 years of incarceration.  It can be assault with a deadly weapon or dangerous instrument or assault with serious physical injury. KRS 508-020 defines Assault in the second degree. (1) A person is guilty of assault in the second degree when: (a) He intentionally causes serious physical injury to another person; or (b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or (c) He wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. (2) Assault in the second degree is a Class C felony. Serious physical injury is defined by statute and requires specific and detailed injuries. A "dangerous instrument" means any instrument, including parts of the human body when a serious physical injury is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury. Assault first degree requires both a deadly weapon AND serious physical injury.  Assault Fourth is a misdemeanor and is physical injury to another without a dangerous instrument or deadly weapon.  There are other issues which must be addressed to determine if a case should proceed to a JURY trial, bench trial or alternative resolution.  It is generally advisable to utilize the services of a local attorney so that you can understand the pros and cons and base your decision in part on which judge and that attorney's experience. If you have been charged with assault (first, second, third or fourth) you need an attorney.  For consultation about your case in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.

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