Houston Divorce Lawyer & Attorney : Cavers Law Firm : Texas Family Mediation & Adoption Lawyer

Thanks to a 3 year $850,000 grant from the U.S. Department of Justice, the Houston Police Department Family Violence Unit and Houston Area Women's Center will receive additional support in identifying and assisting victims of domestic violence. The Harris County District Attorney's Office Family Criminal Law Division will provide training to HPD officers, dispatchers, and others who work in the HPD Domestic Violence Unit. The goal is to assist officers identify people who are eligible for protective orders and to fund protective order clinics at several locations around Houston where domestic violence victims may start the process of obtaining a protective order.

A Harris County resident who has been a victim of domestic violence can obtain a free protective order through the DA's Family Criminal Law Division, but the DA will not get involved if there is a divorce suit pending.

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Effective January 1, 2008, Texas judges will have another tool to combat domestic violence. That tool is a powerful one – the denial of bail to an accused if he/she violates a protective order or is charged as a repeat domestic violence offender (misdemeanor and felony). 

Texas Representative Joe Straus, III of San Antonio authored House Bill 3692, which was approved as a state constitutional amendment by 84% of Texas voters in November 2007.  

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During the most recent legislative session in Austin, lawmakers approved a bill creating a new family district court to serve citizens of Montgomery County, Texas (Conroe and Magnolia areas). 

The new district court -- the 418th -- will serve as the primary family law court in the county.  Since family cases comprise approximately 60% of all new civil court filings, this will be a welcome relief to citizens of Montgomery County. 

For more information on potential judicial appointments to 418th's bench, see the story published in The Conroe Courier earlier this month. 

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On November 6th, Harris County citizens have the opportunity to vote on many important issues.  One that I wish to bring to your attention is Proposition No. 5, regarding a bond to fund construction of a new family law courthouse. 

Trey Yates, Chair of the Houston Bar Association Family Law Section  wrote an outstanding summary of the issue to the members of the Houston Bar Association, which I include below.  I urge you to vote on November 6th. 

            On November 6, the citizens of this county will have the opportunity to vote on several bond proposals, one of which concerns the funding of a new Harris County Family Law Center. I urge you to support the passage of the Harris County bond issue, Proposition No. 5.

            The approval of this bond will ensure that Harris County families are no longer forced to resolve family law issues in an overcrowded, outdated and unsafe facility. Virtually every person in this city has been or will be affected, directly or indirectly, by a family dispute resolved in our Family Law court system. The current Harris County Family Law building was completed in 1969 and originally housed three family law courts. Today the same building has nine family district courts each with an elected family law Judge, an associate Judge and a court staff; plus four additional courts each containing judges who handle attorney general child support cases plus a court staff. These judges serve approximately 120,000 litigants per year (1 ½ times the number of Harris County civil courthouse filings and 10,000 more cases per year than the criminal courts). A review of various options determined that remodeling the facility would not be cost-effective due to the inefficient design of the current facility.

            Today, attorneys and their clients must discuss complex and confidential case issues in crowded hallways without any privacy, and anyone can access nearly any current or past family case file. Victims of family violence are forced to stand unprotected and in close vicinity to the perpetrators of the violence. In a full courtroom, the victims are seated across a small aisle from their perpetrators, with one bailiff to control a crowded courtroom. Children, while testifying, must face their parents in an adversarial environment.

            A new facility would provide the citizens of this county with an updated, state of the art building which will offer the necessary services under one roof, impossible in the current structure. The new facility would have separate entrances for domestic violence victims; improved security; conference rooms to ensure privacy; immediate testing facilities for drug and alcohol testing; separate rooms to allow video testimony by children in a less intimidating environment; and offices for the Harris County Domestic Relations office which offers free court ordered mediations as well as investigations and preparation of social studies in contested custody matters; along with other support facilities. Although these services are currently available to families, they are in separate facilities, making access difficult and more expensive. The new facility will bring these services under one roof, allowing for an efficient and cost effective utilization of services.                                

            Voting “FOR” the Harris County bond issue Proposition 5 on November 6, 2007 will ensure that the current, outdated and sub-par facility is replaced by a new Harris County Family Law Center which is cost-efficient and safer. As with the other Harris County bond issues, there will be no tax increase associated with this bond issue. I urge your support of Proposition 5.

Sincerely,

Sam M. (Trey) Yates, III

Chair, Houston Bar Association Family Law Section

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My office receives at least 5-6 telephone calls or e-mails each week from individuals with serious family law problems who cannot afford to retain an attorney.  I commit myself to taking on at least 3 pro-bono cases each calendar year in the family law and/or probate because I believe attorneys should give back to their community, and for the personal satisfaction I feel in helping someone who would otherwise have gone without legal help.  Many of my colleagues take on pro bono cases, but unfortunately, we cannot assume pro bono cases for everyone who contacts us.

Fortunately, there are other sources of assistance for individuals needing legal assistance.  One such organization is the Houston Volunteer Lawyers Program (HVLP).  HVLP takes cases involving bankruptcy, consumer law, family law, property, tax, wills and probate, and HIV/AIDS issues. 

The HVLP office is located at 712 Main Street, Suite 2700, Houston, TX 77002.  Their phone number is (713) 228-0735. 

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Friday, August 31, 2007, marked the end of an era at the Harris County Family Law Center with the retirement of Associate Judge Michael T. Hay.  Judge Hay, along with his family, was surrounded by numerous friends and colleagues paying tribute to his time on the bench.

Judge Hay served Houston area citizens involved in family law matters for over 20 years.  He did so with integrity and an incredible amount of patience in a field marked with high conflict and emotion.  I, personally, will miss Judge Hay because he always treated attorneys with respect and litigants (often feeling great angst or apprehension) with kindness. 

I am not alone in stating that the Houston family law bar sincerely appreciates Judge Hay's many contributions to the practice of law.  All the best in retirement!

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The Cavers Law Firm, LLC is proud to announce the arrival of Joanna R. Hinojosa, Of Counsel.  Ms. Hinojosa, a graduate of Baylor University and The University of Houston Law Center, has experience with the Texas Office of the Attorney General's Child Support Division.  Ms. Hinojosa is able to assist family law clients in both English and Spanish. 

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After the ad litem is appointed by the court, he/she is required by statute to: (1) interview the child in a developmentally appropriate manner if the child is four years old or older; (2) interview each person who has significant knowledge of the child’s history and condition; (3) investigate the facts of the case to the extent the attorney ad litem deems appropriate; (4) obtain and review copies of relevant records pertaining to the child; (5) participate in the litigation as the other attorneys do; (6) take any action consistent with the child’s interests that considers necessary to expedite the proceedings; and, (7) encourage settlement and the use of dispute resolution. 

Additional duties of the ad litem include eliciting the child’s goals of representation, advising the child, provide guidance to the child, and represent the child’s expressed objectives if the ad litem determines that the child is competent. 

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In divorce cases where the parents cannot come to an agreement over custody issues, the court often appoints an attorney to represent the child. When parents are in turmoil, sometimes they are unable to put aside personal differences.  The court appoints an ad litem to provide legal services to the child, and the ad litem has the duties of undivided loyalty, confidentiality, and competent representation. 

An ad litem attorney usually charges the same or similar hourly rates as the attorney for each parent. When the court must appoint an ad litem, the parties are required to pay the costs for this representation. In the Houston area, the cost for this attorney could be anywhere from $1,500 to $5,000 depending on the complexity of the custody case. In very limited circumstances, ad litem attorneys are available through volunteer organizations. 

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I spend many work days at the Harris County Family Law Center in Houston, Texas. Even though few things shock me, I am continually irritated by what litigants and even some attorneys wear to court! A court of law, along with the judge, jurors, court personnel, attorneys, and other litigants, are entitled to respect; part of showing respect for the court is dressing appropriately. This does not mean a person has to be rich or spend lots of money. My grandmother always told me “As long as you’re clean and dressed in your Sunday best, you should never be ashamed to go anywhere.” This common sense approach will go a long way to making a good presentation to the court.  

What one wears makes a statement about who he/she is. Remember that a judge and/or jury will make very important decisions about the life of a family law litigant. One can never go wrong wearing professional business attire such as a suit. If a suit is not in the wardrobe, then consider a collared shirt, slacks, skirt, or nice dress. Things one should NEVER wear to court include, but are not limited to: jeans, mini skirts, shorts, tube tops, halter tops, t-shirts, sweat pants, hats, and flip flops. 

A wise attorney once told me that criminals have a constitutional right to wear nice clothes to court, so shouldn’t civil clients do the same!   

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Unfortunately, family violence is a reality in our society. It afflicts men, women, and children regardless of age, race, and socio-economic status. Often victims are too afraid or ashamed to ask for help. I encourage persons who are victims of domestic violence to seek help as soon as possible. 

Often the abuser controls financial resources, so the victim feels helpless to seek assistance. In that vein, I direct persons to the Texas on-line protective order kit. 

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