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01 Jul, 2020 by Jeanne gutierrez
I selected Emily Russell of McCabe Russell, P.A. for legal representation in a divorce case and a civil case as the Plaintiff and it morphed into an unfounded restraining order case and an unfounded criminal case with me as the defendant. Emily has the knowledge and experience in dealing with high conflict / challenging family law cases (narcissists) and her calm, professional demeanor and thorough preparation was successful in winning all the cases in my favor.
With the stress of four cases happening concurrently, having Emily, Associate Attorney Jennifer Bradbury and their supporting staff’s personal attention to the details of each case was a huge relief to me. They were patient, responded promptly and dedicated to getting the truth known to the judge in each case. They made a difficult time easier.
McCabe Russell, P.A. is a highly organized law firm. Their webpage is state of the art, allowing payments to be made and documents to be uploaded securely.
I would highly recommend Emily Russell and Jennifer Bradbury of McCabe Russell, P.A.
-Jeanne Gutierrez
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13 Apr, 2020 by Anonymous
Custody modification is often even more challenging than an initial custody proceeding. The "material change" and "best interest" standards are rather subjective and a judge is not inclined to change a custody agreement without overwhelming evidence that it would improve the child's situation.
Despite the inherent difficulty, Ms. Russell achieved the exact result we set out to achieve in my custody modification case. She is an incredible strategist and litigator with a total command of MD custody law. Every part of the plan was well-considered and well-executed.
I would highly recommend Emily for any family law matter. I would also recommend listening to her when she provides advice. Unlike some attorneys, she doesn't hedge on every recommendation to the point that you're making all the decisions without knowing the possibilities of how those decisions will turn out. She will provide sound advice taking into account the facts of the matter. Tell her the truth, take her advice, and let her do her job. She is equipped to attain the best possible outcome for you and your family.
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27 Jul, 2015 by Anonymous
My very first impression of Emily was amazing. Friends of mine were having their first child and the hospital would not allow the non birth mother to access their newborn due to them being a same sex couple. Emily not only answered her phone right away, she drove to the hospital to make sure her clients were being taken care of!
Emily (and Heather) stepped in to handle was was quickly becoming a very emotional situation. Within moments the problem was solved and our friends had a smooth adoption afterwards.
I knew Emily was going to be my first call to handle dissolving a civil union (issued only in Vermont) that I had been a part of since 2001. Emily met with me to go over my options on what I was told by two other attorneys would be nearly impossible and very costly. My former partner and I were tethered to a civil union that states no longer recognized and they were obsolete as marriage equality was on the horizon. The unfortunate part was those living in civil unions who had separated, like myself were caught up in the red tape of the courts with many courts claiming no jurisdiction, yet this was still a legal binding that would had to be dissolved to get officially married.
From the start Emily said "we will get this done, and if we can't at first we will keep trying until we do". Emily went far above and beyond in my case. On the day before the trial, the courts were all of a sudden requesting my EX be present. She lives 1200 miles away. Emily called the court endlessly the entire day and after hours, she faxed forms to the judge and guided not only me but pointed my ex in the proper direction to make sure she would not be left in some sort of trouble with the courts. As my case was in front of the judge, i was worried! I felt the judge was tough on the cases before mine....Emily was right next to me and consistently told me "its ok". When it was time for my case, Emily was confident and calm in front of the judge. She had a quick response for every question and was prepared for what seemed like anything and everything. 10 minutes later, my civil union which had been in limbo for years, was dissolved! Emily Charged me a regular uncontested divorce rate. She responded to every call and email within hours. I still can't believe it and Emily and I stay in touch to this very day!
if you need an attorney, this is your answer. EMILY AND HEATHER. They are not just attorneys, they are real people who truly get it. You'll never feel intimidated or pressured, Emily made me feel like she was fighting for a personal friend the entire time.
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04 Jan, 2020 by Christine
For those reading: I went to this firm on a recommendation and a warning that it would cost more than your average lawyer but it would be worth it and I could not be happier! I was divorcing my husband and in the beginning it seemed like an amicable divorce, he as mostly agreeable and we were able to file for an uncontested divorce and with the help of Heather and her team I have a very solid marital separation agreement that is very well written and covers things I did not think of at all. I have seen a few of my friend's separation agreements made up by other lawyer teams, and I will attest that the one written by this team was more extensive than any others I have seen.
Unfortunately I had trusted that my ex-spouse and I were able to keep in the agreement and I went "softer" than I though I needed to. Unfortunately I had to file a contempt of agreement and this law team again rose up to ensure I felt supported and not out of line in what I was seeing. He wasn't paying all the support he agreed to, and he was talking in ways with my children that they shouldn't be in a divorce. Her team filed everything and we found ourselves in mediation with their law team. It was good, I wanted time with my kids, he wanted money, we got through it, the advice the McCabe Russell team had for me was paramount and made me comfortable and confident. I am so much more educated and confident in my matters, and they also ensured that after mediation that all the paperwork was accurate and inline with my wishes. It was smooth and easy. I highly recommend this firm. I worked directly with Hillary and Heather and they were just fantastic, understanding, compassionate and just treated me humanely. Thank you. I will continue to utilize their services should I require them again.
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08 Jan, 2019 by Gina
Without Atty Heather and Atty Emily I don’t have my son with me. Because of them I have peace. I thank God and will continue to pray for them and the family. Therefore, I highly recommend Atty Heather McCabe and Atty Emily Russell to handle your case and you will amaze for the results they will not leave you very supportive lawyers.
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23 Nov, 2016 by Terrance
Contemplating or facing the circumstances of going through family court to do what you believe is best for your child(ren) is one of the hardest decisions that a person may face in life. The concept of having to fight anyone, let alone the other parent, for the opportunity to establish, maintain and/or protect the relationship with you and your child(ren) is a very difficult decision to make. Additionally, being an active participant in your child’s life is the life blood to being a parent and building those life long memories with your child(ren). As such, and while I believe that an amicable solution should ALWAYS be sought first, sometimes the only alternative you are left with is family court.
To that point, I was lead to the offices of McCabeRussell (also referred to as my “Dream Team”) and what a godsend they were and continue to be to me and my family. If I had to sum up my feelings, I would have to say that Heather McCabe, Emily Russell, Anna Sholl and the entire McCabeRussell team are absolutely, hands down AMAZING! And, unfortunately, that still doesn’t fully describe or quantify how unbelievable and well suited of a legal team they are to anyone facing a family court matter.
Before contacting McCabeRussell, I was a frustrated single father facing a system that I believed was stacked against me. As a man and an African American father, I have heard the horror stories of how the family court system is rigged against men and the hell that fathers sometimes have to endure to be involved in their children’s lives when the other party doesn’t share the same sentiments regarding parental involvement. Well, my story started the same way until I pick up the phone and spoke to Heather. I embarked on this journey facing multiple and, at times, ridiculous allegations about my fitness as a parent and access to my son of every other weekend and NO overnights. After speaking with Heather on the first phone call/initial consultation to the standing with Emily and Anna at final verdict being rendered some 14 months later, they were ALWAYS there at every turn, phone call, email, etc. While it was my hope that I would have been able to settle the matter out of court, Heather and Emily prepared me for the possibility of the inevitable – a trial. I hated this option but, realized it was necessary in my case. They helped me (emotionally and legally) navigate several phases of the legal process --- the initial phases of very limited access, fending off protective order attempts meant to further curtail my parental access and abilities, acquired me a three (3) hour temporary hearing to address my lack of access and finally, a trial where they were able to prove my fitness as a father and helped me attain shared physical and joint legal custody.
What I just provided was a snapshot of my own circumstances but, hopefully enough for you to glean why I say this office is my “Dream Team”. Heather, Emily and Anna are tenacious trial attorneys, well versed in all aspects of domestic and family law, compassionate, child focused, attentive, over prepared, organized, responsive and very professional. I was a novice entering this but have since learned that all lawyers are not made alike. Now, while I didn’t get everything I wanted from the court, I can take solace in knowing that McCabeRussell advocated hard as ever to get me a significant amount of time, decision making ability and ultimately, the peace of mind to know that I have a team to fall back on when or if I am ever faced with similar circumstances in the future. In short, I would ONLY recommend McCabeRussell as the law firm to choose if you are faced with a domestic or family law matter.
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What a Domestic Violence Lawyer Can Do for You
A domestic violence lawyer provides legal assistance to individuals involved in cases of domestic abuse, whether you are a victim seeking protection or someone accused of domestic violence defending against the charges. These lawyers help with obtaining restraining orders (protective orders), representing clients in criminal court, and handling related family law issues such as child custody, divorce, and visitation rights.
If you are dealing with domestic violence, a lawyer can help protect your rights and navigate the legal system to ensure your safety or defend you if you’re falsely accused.
When Should I Hire a Domestic Violence Lawyer?
You should consider hiring a domestic violence lawyer if you are:
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A Victim of Domestic Violence:
- Filing for a protective order (restraining order): If you need immediate protection from an abuser, a lawyer can help you file for a protective order, which legally requires the abuser to stay away from you and refrain from contacting you.
- Divorce or separation due to abuse: If domestic violence is a factor in your relationship, a lawyer can help you pursue a divorce or legal separation and ensure that you are protected throughout the process.
- Child custody and visitation issues: A lawyer can help you secure custody of your children and limit or restrict the abuser’s visitation rights to protect the safety of your children.
- Filing criminal charges: If you are pursuing criminal charges against the abuser, a domestic violence lawyer can work with law enforcement and prosecutors to ensure the case is handled properly.
- Assistance with safety planning: A lawyer can advise on the legal steps to create a safety plan, including securing temporary housing, and taking steps to protect you and your family.
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Accused of Domestic Violence:
- Defending against criminal charges: If you’ve been accused of domestic violence, a lawyer can defend your case, challenge the evidence, and represent you in court. If possible, the lawyer can help get charges reduced or dismissed.
- Challenging a restraining order: If someone has obtained a protective order against you, a lawyer can help you contest the order to prevent it from negatively impacting your life, including your employment and child custody rights.
- Dealing with family law issues: Domestic violence allegations can affect child custody, divorce, and property division. A lawyer can represent your interests in family court and ensure that your parental rights are protected.
- Avoiding criminal record implications: A lawyer can work to minimize the impact of the allegations on your record, which can affect your employment, housing, and future legal matters.
Hiring a lawyer at the earliest stages can help ensure your rights are protected and the case is handled effectively, whether you are seeking protection or defending against accusations.
What Does a Domestic Violence Lawyer Do?
A domestic violence lawyer provides various legal services depending on the specifics of your case. These responsibilities often include:
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For Victims:
- Filing for protective orders: A lawyer can help victims of domestic violence obtain temporary or permanent restraining orders, which provide legal protection by restricting the abuser’s access to you and your children.
- Representing you in divorce and child custody matters: Domestic violence often leads to divorce or separation, and a lawyer can represent you in family court to protect your assets, secure custody of your children, and arrange spousal and child support.
- Criminal representation: Lawyers work with law enforcement and prosecutors to pursue criminal charges against the abuser, ensuring that you are informed and supported throughout the legal process.
- Safety planning and legal advice: Lawyers provide advice on how to stay safe legally and can assist in securing temporary housing, providing guidance on how to leave abusive situations safely.
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For the Accused:
- Defending against charges: A lawyer will build a defense by investigating the case, gathering evidence, and challenging the claims made against you. If necessary, the lawyer can negotiate with prosecutors to reduce charges or penalties.
- Challenging protective orders: If a restraining order has been placed against you, a lawyer can contest the order and present evidence to defend against it, aiming to minimize its impact on your life and reputation.
- Handling related family law issues: Lawyers help defend against domestic violence allegations in divorce, child custody, and visitation disputes, working to protect your parental rights and reputation.
- Preventing long-term consequences: A lawyer will work to protect you from the long-term consequences of a domestic violence conviction, such as a criminal record that could affect employment, housing, and more.
How Are Domestic Violence Lawyers Paid?
Domestic violence lawyers generally charge for their services in different ways depending on the case's complexity and the type of legal work involved. Common payment structures include:
- Hourly rate: Many domestic violence lawyers charge by the hour, with rates ranging from $150 to $500 or more, depending on the lawyer’s experience and location. Hourly rates are common for both criminal defense and family law matters.
- Flat fee: For specific tasks, such as filing a restraining order or defending against a straightforward domestic violence charge, some lawyers offer a flat fee that covers all legal work related to that service.
- Retainer: In complex cases, such as those involving criminal charges, divorce, and custody disputes, a lawyer may require a retainer fee, which is an upfront payment that covers future legal services.
- Pro bono or reduced fees: Some domestic violence lawyers provide pro bono (free) or reduced-fee services to victims of domestic abuse who cannot afford legal representation.
It’s important to discuss fees during your consultation to ensure you understand how much your case will cost and what payment options may be available.
How Much Does a Domestic Violence Lawyer Cost?
The cost of hiring a domestic violence lawyer depends on the complexity of your case, the lawyer’s experience, and the type of legal work required. General cost estimates include:
- Restraining orders: The legal fees for filing a protective or restraining order typically range from $500 to $2,500, depending on whether the case requires a hearing.
- Criminal defense: If you’re defending against domestic violence charges, legal fees may range from $2,500 to $15,000 or more, depending on whether the case goes to trial and the severity of the charges.
- Family law issues: Legal fees for divorce, child custody, and other family law issues related to domestic violence can range from $3,000 to $15,000 or more, depending on the complexity of the case.
- Hourly rates: Domestic violence lawyers typically charge between $150 and $500 per hour for their services, with more experienced lawyers charging higher rates.
Always ask for a detailed cost estimate during your consultation to understand the total cost of legal services.
Top Questions to Ask a Domestic Violence Lawyer
Before hiring a domestic violence lawyer, it’s important to ask key questions to ensure they have the right experience and approach for your case. Key questions to ask include:
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What experience do you have with domestic violence cases?
Ensure that the lawyer has handled domestic violence cases similar to yours, whether you’re a victim or the accused. -
How do you charge for your services?
Clarify whether the lawyer charges by the hour, flat fees, or a retainer, and ask for a detailed cost estimate. -
What is the likely outcome of my case?
Ask the lawyer for an honest assessment of your case, including potential challenges and expected outcomes. -
How long will the process take?
Domestic violence cases vary in length, so ask the lawyer how long they expect the process to last and what might cause delays. -
Will I need to appear in court?
Ask if your participation in court is required, and how the lawyer plans to represent you during hearings or trials. -
What steps should I take to protect myself or my rights?
Whether you’re a victim seeking protection or defending against allegations, ask the lawyer how they will help you navigate the situation.
How to Check the Credibility of a Domestic Violence Lawyer
To ensure you are hiring a reputable domestic violence lawyer, take the following steps to verify their credentials and track record:
- Check their bar status: Verify with your state bar association that the lawyer is licensed and in good standing with no history of disciplinary actions.
- Look for domestic violence experience: Review the lawyer’s website or professional profile to ensure they specialize in domestic violence cases and have successfully handled cases like yours.
- Read client reviews and testimonials: Look for reviews on platforms like Avvo, Martindale-Hubbell, or Google to see what previous clients say about their experience with the lawyer.
- Ask for references: A reputable lawyer should be able to provide references from past clients who have been involved in domestic violence cases.
- Check for memberships in relevant organizations: Look for certifications or memberships in family law or domestic violence advocacy groups, such as the National Coalition Against Domestic Violence (NCADV).
What Should I Prepare for My First Consultation?
To get the most out of your first consultation with a domestic violence lawyer, it’s important to come prepared with relevant documents and information. Here’s what you should bring:
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For Victims:
- Details of the abuse: Prepare a detailed account of the abuse, including dates, locations, and descriptions of any injuries or threats.
- Police reports and medical records: Bring copies of any police reports, medical records, or photographs that document the abuse.
- Legal filings: If you have already filed for a restraining order or been involved in any legal proceedings, bring copies of those documents.
- Questions about your safety and legal options: Be ready to ask about the best steps to protect yourself and your family, as well as what legal actions you should pursue.
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For the Accused:
- Details of the allegations: Prepare a detailed account of the incident or allegations against you, including any evidence or witnesses that support your defense.
- Legal documents: Bring any legal documents you have received, such as a restraining order, criminal charges, or child custody filings.
- Questions about your defense: Prepare questions about the legal process, possible penalties, and how the lawyer plans to defend your case.
By preparing thoroughly for your consultation, you can help the lawyer assess your situation and provide the best possible legal advice.
