Domestic Assault Case Results

Domestic Assault Case Results by John MacDonald

January, 2012:

Client’s charges of domestic assault dismissed by the City Solicitor at trial.


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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Domestic Violence Case Results

John MacDonald Case Results

January, 2012:

Client was convicted in the District Court of violating a no-contact order. 

This conviction constituted a crime of domestic violence for purposes of the client’s military career.

Client was subject to separation procedures from the armed services.

Attorney MacDonald was retained to file post-conviction relief based upon ineffective assistance of counsel.  This petition was granted in November of 2011 and the criminal case was formally dismissed and expunged in January of 2012. 
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Domestic Assault Case Result

John MacDonald Criminal Case Results

January, 2012:

Client charged with domestic assault.

Dismissed by the City Solicitor at trial. 

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

More Mothers Paying Child Support Than Fathers Says Report

More Mothers Paying Child Support

In the case of child custody and child support, more and more fathers are obtaining physical placement of their children, leaving more and more mothers in the position of having to pay child support for their minor children. The rise in this trend began with the decline of stay-at-home moms as more and more women were forced to enter the workforce to help balance the housing budget within the marriage.

As women were lured away from the nest, men were no longer the sole bread-winner, creating a gap in childcare at home, and the massive growth in the child care industry in general. With men reaching the peak in their careers and able to work less hours, while still making substantially more money than women in similar position, this left more fathers able to be home for the children.

Many women were then left with the decision to continue in the careers to which they had devoted a good portion of their lives, or resign themselves to working at less demanding jobs in order to balance out the parenting roles and be home as well. As divorce rates climbed in 2008, another trend emerged involving more moms paying child support, with increases in the amounts they were required to pay, as well as fewer fathers on the opposite side.

More Moms Paying Child Support Say Top Divorce Attorneys

Latest National Survey also Reveals Increase in Payment Amounts

CHICAGO, IL, October 1, 2008 — More women are paying child support these days, according to the latest survey of the American Academy of Matrimonial Lawyers (AAML). In all, 55% of the respondents have cited an increase in the number of mothers who have been assigned to make child support payments over the past five years. Additionally, 42% of the divorce attorneys have seen the size of overall payment amounts rise during the same period of time.

“The changes in our society are almost always reflected in divorce courts and the legal system. The issues involved with child custody payments are certainly not an exception,” says James Hennenhoefer, president of the AAML. “If one spouse is better suited to provide financial care, it is in the best interests of the court and all parties involved to put the needs of the child first.

Interestingly enough, results from the survey revealed that only 1% of AAML members have seen an increase in fathers making child support payments during the past five years. There was a response total of 44% who noticed no difference.

In addition to the question regarding which party is now making child support payments, the divorce lawyers have also cited changes in the size of those payments. Overall, 42% of the respondents said that the amount a spouse must pay has actually increased over the last five years. Only 14% said the payments have gotten smaller, while 44% have cited no change in payment totals during the five year time frame.

Read the full article HERE

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

RI Governor Names New Family Court Judge

Karen Lynch Bernard, one of five candidates submitted by the Judicial Nominating Commission, was nominated by Governor Carcieri to the Family Court bench. Attorney Lynch-Bernard has a long history as a lawyer practicing family law in the State of Rhode Island after graduating from Suffolk University's School of Law.

The full article follows below.

Family Court nominee named

May 12, 2010
By Katie Mulvaney
Journal Staff Writer

PROVIDENCE — Governor Carcieri Tuesday nominated Karen Lynch Bernard, a Warwick lawyer with years of experience practicing family law, to the Family Court bench.

Bernard is a partner with her family’s Warwick firm, Lynch Bernard and Lynch, where she specializes in family and juvenile law. A four-time finalist for previous Family Court posts, she served as an assistant solicitor for the City of Warwick from 1989 to 1991.

“I am confident Karen’s knowledge and understanding of the law and the very complex issues that come before the Family Court, combined with her patience, integrity and zealousness, will be an asset as an associate judge of the Family Court,” Carcieri said in a statement. Her nomination is subject to the advice and consent of the Senate.

Lynch went to work for her father John D. Lynch’s law firm after graduating from Suffolk School of Law. There she works with her sister, Erin P. Lynch, a state senator who sits on the Senate Judiciary Committee, and brother, John D. Lynch Jr., a member of the Ethics Commission. A lifelong Warwick resident, she lives in Warwick with her husband, Robert, and three children.

Lynch, 46, said she received the call from the governor around 1:35 p.m. “I was literally shaking,” said Lynch, who has long pursued a seat on the court. “I love Family Court,” she said. “Family Court is my main focus.”

Her years mediating among her nine siblings will equip her well for the job, she said. She added that she planned to step aside from hearing cases she or her family’s firm has been involved in as necessary, based on conversations with other judges. “I don’t really see that as being a big issue,” she said.

Her goal, she said, will be to get families through the judicial process with as little turmoil and as much civility and dignity as possible.

Lynch would replace Family Court Judge Howard I. Lipsey, who retired in late 2008 and has continued to sit in retirement.

Her name was among five forwarded to the governor by the Judicial Nominating Commission in March 2009. The others were Joseph A. Abbate, Family Court Magistrate Patricia K. Asquith, David N. Bazar and Rossie L. Harris Jr. The position comes with a base salary of about $140,642.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Domestic Violence in RI ~ Rights of the Accused

In an article posted Friday, March 26, 2010 on MensNewsDaily.com, the constitutionality of recent changes to Rhode Island Domestic Violence laws was discussed. 

The article, by Carey Roberts, outlines the Violence Against Women Act in Rhode Island, and the challenges it faces as a violation of the First, Third, Fourth, Fifth, Sixth, and Fourteenth Amendments.

The act allows law enforcement to step into any situation where there is an accusation only of domestic violence, without due process, without investigation, and simply remove the accused party. The simple act of asking your partner to take out the trash, under the broad language of this law, can be determined to constitute domestic abuse.

The full article can be seen at http://mensnewsdaily.com/2010/03/26/latest-threat-to-the-constitution-the-domestic-violence-industry/

If you have been unfairly accused of domestic violence in RI, contact a reputable RI Criminal Attorney for a consultation immediately to protect your rights.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.