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10 Aug, 2018 by Anonymous
I retained Kelly upon deciding to file for divorce from my now ex-wife. It's a decision I will regret for the rest of my life.
I explained to Kelly my situation upfront and what I expected my ex to try to use against me. She indicated that wouldn't be an issue in retaining joint custody of my kids as long as I was regular part of their life and routines, and that Family Court wouldn't use the arrest as a basis of proof that I did anything wrong or abusive.
My ex was ultra-aggessive and hired an attorney that amplified her aggression to obtain sole custody and ability to move children to East Coast. They secured Nancy Lemon (DV expert) to produce a 20 page report painting me as an abuser, just from talking to my ex and her accounting of incidents, real and made-up.
I was appalled and scared when I saw this, but even more so when Kelly indicated she had never seen anything like this before. It was clear at that point that she was in over her head and over-matched.
The bulk of the strategy was spent trying to defend against their numerous false narratives and accusations. I provided everything I could think of to combat their accusations including written responses to the “incidents” they claimed occurred, and even providing potential witness list to attest to the voracity of her claims (neighbors, teachers, family members, friends). To my surprise, Kelly immediately sent over the potential witness list to opposing counsel before we even discussed it and the strategy involved in using these potential witnesses. After all of this, at trial we ended up with ZERO character witnesses while my ex had three witnesses on their side (including her mother). Kelly only pursued one (and they ended as a witness for the other side). This was a clear misstep on Kelly’s part and left me looking like I had no supporters while my ex had multiple. After being through this experience, I understand that it’s a perception game and whomever plays it the best, wins over the judge. Kelly’s excuse was that friends and family would be seen as biased.. but she didn’t even consider using teachers and neighbors, mutual friends and this assisted in me losing the perception game.
Another tactical misstep was in not spending enough time detailing my involvement in my kids life. So much time was spent on defending against their accusations… but if more time was spent on my involvement as a father and the need for me to be in their lives, it would’ve been much more difficult for judge to grant decision for them to be moved away from me.
Aside from the many tactical mistakes and missteps, Kelly was simply unprofessional. In court, there were many times the judge had to reprimand her for her behavior and it was clear she wasn’t effective with her in-court arguments at all. She was thoroughly out-maneuvered and dominated in court by the opposing counsel.
Other tactical missteps included not insisting on a Custody Evaluation and making the judge accountable to do so before rending a custody verdict, and in allowing the judge to render a 3044 ruling without there being a standing restraining order issued. These were two areas that baffled others that looked at my case.
Outside of court, she was unprofessional in her dealings with me, multiple times yelling or being very short with me in our meetings. There was one occasion where I was very worried and emotional regarding the judge possibly making a decision just off of her testimony, and she showed no sensitivity and instead yelled at me saying “The worst thing that can happen is they allow your ex to move your kids to the other side of the country. It’s not the end of the world.” That showed me right there that she didn’t understand how serious this was for me. Why else would I be paying this much to her if it wasn’t a big deal?
When I lost custody, it was the worst day of my life. And I regretted not changing counsel when I had a chance.
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03 Mar, 2017 by Sheetal
Kelly Gamble and Associates is a great law firm. They have been handling my case with lot of expertise. Kelly is patient, very knowledgeable and gives aggressive representation in court with detailed know how about legal aspects. I recommend her law firm to anyone dealing with child custody and divorce cases.
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03 Aug, 2016 by Anne
I cannot say enough about Kelly Gamble and her staff. I had a somewhat complicated case and had been to another attorney in San Leandro that said he could not help me. I was totally freaked that I was not going to be able to protect my nephew and I called Kelly's office and set up an appointment.
WOW Kelly said she would do what she could, we had an out of state emergency guardianship case to protect our nephew who was staying with us on a temporary basis. Kelly and her staff got right on everything RIGHT AWAY as time was the essence. Kelly is OFF THE CHARTS SUPPORTIVE and will get the job done. Kelly is NOT afraid of a challenge. Not only is she a GREAT attorney but a wonderful person !!!!!!
Her staff Kimberly, Lorena, Jacquie BEST... Seriously supportive and on the ball. I was able to keep my nephew safe and make sure his mom got her act together before we had to send him home.
If you need a family lawyer that is on her game you should call Kelly.. hands down the best in the area.
Bottom line I cannot thank the "KELLY TEAM" enough for all they did to help my family.
Kelly Gamble - I will be forever grateful for all you did to help our family !!!!!!!
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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.
