Blawg of Attorney Christine M Bechtold

Independence Day, is one of the most important federal holidays in the United States commemorating the adoption of the Declaration of Independence on July 4, 1776, declaring independence from the Kingdom of Great Britain. Many people remember the popular quote, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the pursuit of Happiness.” Declaration of Independence However, later in the Declaration, Thomas Jefferson spells out in detail why the Declaration is necessary:     "But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security." Declaration of Independence "A Prince whose character is thus marked by every act which may

A temporary hearing is unique to family law. It is not a full trial, but a quick hearing with the judge. The temporary hearing can be held in open court or in the judge’s chambers. The purpose of this hearing is to determine what will happen while a divorce is pending. A temporary hearing can address: Where the parties will live Who will stay in the martial home Who is responsible for covering bills Who will keep which vehicle Will there be alimony Will one party pay the other’s attorney’s fees Who the children will live with When the other parent will have visitation with the children What amount of child support will be paid During a temporary hearing, both attorneys present a brief overview of the case, call witnesses to the stand, and argue their case to the judge. There is no jury involved in a temporary hearing, although there may be other parties in the Courtroom. The temporary hearing is limited to two live witnesses, th

Under Georgia law, both parents of children under the age of 18 years old in a divorce, separate maintenance, paternity, change of custody, visitation, legitimation, and any other domestic action, are required to attend a parenting seminar. Uniform Superior Court Rule 24.8 . The divorcing parent’s seminar “focuses on the developmental needs of children, with emphasis on fostering the child’s emotional health during periods of stress.” Gwinnett Courts Parenting Seminar The seminar must be completed within 31 days of the original complaint and should be attended in the County which the action was filed. Certificates will be issued after completing the seminar. If a parent cannot attend the class in the County the divorce was filed, they should contact their county superior court and see if their county holds an acceptable parenting seminar. Since the seminar is mandatory in Georgia there are many classes available to suit parent’s schedules. The Gwinnett County Divorcing Parent’

Divorce is not easy on anyone, especially children. Every divorcing family is different, but here are a few general tips to deal with the stress of divorcing from your child’s parent: Take the high road and stop fighting. The sooner you can stop fighting with your child’s parent the sooner you can focus on your child. Fighting in front of your child is not good for anyone. Encourage your children to visit their parent, their grandparents, and their extended family. Just because you may not want to be around your child’s parent anymore does not mean your children don’t need them in their life. Remember to keep your child’s best interest in mind. Never disparage a parent or other adult in front of the children . Adult conflicts are for adults only. Do not use your child as messenger. If you have communication for the other parent communicate with them directly. Do keep things as consistent as possible. Keeping your child’s schedule and daily routines in place will help them with

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."   U.S. Const. amend. II . This Second Amendment of the U.S. Constitution is generally referred to simply as the “right to bear arms.” The United States Supreme Court recently addressed the Second Amendment and found that, “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”  District of Columbia v. Heller, 554 U.S. 570 (2008) .  Our Second Amendment right is regulated by each specific state. Georgia’s specific law is the "Georgia Firearms and Weapons Act." O.C.G.A. § 16-11-120 . In Georgia, the Judge of the Probate Court in your county has the authority to issue a valid firearms permit to qualified applicants. This firearm permit “shall authorize that person to carry any

"In all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him."  U.S. Const. amend. VI . This section of the sixth amendment of the U.S. Constitution is also known as the Confrontation Clause. The idea behind this amendment is that a defendant should have the opportunity to cross-examine and challenge the credibility of people making statements about him. In general, this right only applies when hearsay evidence is offered against a criminal defendant. The Confrontation Clause is often confusing because there are many exclusions when it does not apply. In fact, the issue of exclusion was recently brought before the United States Supreme Court. In their Michigan v. Bryant decision, the Supreme Court held that the admission of a dying man's statements was not a violation of the Confrontation Clause. SupremeCourt Michigan v. Bryant . The majority decision stated that the Confrontation Clause was not violated beca

  “Attorney: a person who has been qualified by a state or federal court to provide legal services, including appearing in court. Each state has a bar examination which is a qualifying test to practice law.” http://dictionary.law.com/Default.aspx?selected=2464 An attorney will help you understand your legal rights and help solve your legal problem.   Attorneys give strategic advice, research legal issues, draft legal documents, and advocate on your behalf. Hiring an attorney is a valuable investment. In fact, hiring an attorney at the start of your legal issue could save you a lot of money by preventing future legal complications. Putting your legal problem in the hands of a trained legal professional will also help alleviate some of your stress. You should contact an attorney if:   you have legal questions that are not answered by do-it-yourself materials y our legal matter is complex you want a professional to review your legal documents you need advice or coaching to han

YES! It is important to monitor your online profile and activity in this modern age. More and more courts are allowing online activity to be discussed in court.   “There are strictly defined legal limits on what information can be lifted and what is in the private domain and can be obtained only through legal procedures like subpoenas, depositions and discovery.” NYT 5/13/11 . Many people do not set their privacy settings high which may make their online activity in the public domain and easily used against them in court.   Even if your settings are limited, it is important to re-evaluate your settings from time to time.   Maybe one of your 300 facebook friends is also facebook friends with your future ex-spouse and they post a picture of you doing something you would rather keep private and not discussed in open court.   In fact, “sixty-six percent of the attorneys surveyed by the AAML [American Academy of Matrimonial Lawyers] called Facebook the unrivaled leader for online divo

Business or business casual attire is appropriate courtroom attire. Additionally, “in July 2009, the Georgia Judicial Council adopted a policy clarifying that religious headcoverings can be worn in Georgia courthouses.” AJC 5/5/11 . However, recently a judge did not allow a man to wear his religious headcovering repeatedly to a Henry County State Court. If you are in doubt about your clothing, consult the Court you will be attending to determine if they have any specific restrictions.  Perhaps more important than your clothing is the way you handle yourself while in Court.  We all need to treat the Court with seriousness and respect. Judges and others in the courtroom appreciate when courtroom decorum is respected. Be sure to turn your phone off, limit your conversations while in the courtroom, and when it is your turn in front of the judge speak clearly and concisely. If you have questions about courtroom decorum, call The Law Office of Christine M Bechtold, LLC at 770.466.2700 to s

When you receive a jury summons in the mail it is required by law that you appear at the place listed on the summons. Being summoned for jury duty does not guarantee that you will actually serve on a jury. In fact, many counties in Georgia allow you to call the weekend before to see if you even need to be present for jury duty during the date listed. Many people have ideas about how to get out of jury duty, but there are only a few ways to legally avoid jury duty in Georgia: 1.       be seventy years old or above and sign an affidavit from the Clerk of Court’s office asking that you be removed from the jury list, 2.       be permanently mentally or physically disabled with an affidavit from your doctor, 3.       no longer be a resident of the county which summoned you to jury duty, or 4.       be a convicted felon whose civil rights have not been restored as the result of pardon. You can request that the Court make a onetime deferral or postponem