Frequently, in terms of parenting time division, the sun rises and sets according to the public school schedule. That’s usually true even if the children are homeschooled, do not attend school, or attend a private or charter school. We are still dealing with the fallout of the spring 2020 public school cancellation. And, there is no guarantee that classes will resume in fall 2020.
The 19th Judicial District, which includes Montgomery County, recently issued an order addressing this issue. Regardless of whether classes are in session or not, the school schedule remains in effect. Parenting time exchanges continue as if nothing happened. If the child or anyone in either household, such as a parent, step-parent, or step-sibling, tests positive for COVID-19, everything stops for a mandatory 14-day quarantine. Other exceptions include children who were out of town and could not safely travel because of the lockdown.
Now we come to the jail release portion. Stress and anxiety about COVID-19 has everyone on edge. Verbal disagreements about parenting time divisions quickly escalate into physical confrontations. That’s especially true if the normal rules do not apply for some reason. Police officers usually respond to these incidents very quickly. If there is any evidence of any physical contact, someone is going directly to jail.
At Fizer Bonding Company, our Montgomery County bail bonds agents are available 24/7/365, coronavirus or not. Day or night, if you need a bail bondsman in Clarksville, TN, we are available. We do more than open the cell door for you. We answer your questions about pretrial detention and restraining order procedures, so you can make the best possible choices.
Avoiding Family Law Disputes
A well-known proverb states that wise people anticipate danger and avoid it; fools ignore warning signs and suffer the consequences. Frequently, the best way to avoid violent parenting and time disagreements is to deal with them before they get out of hand.
Mediation is a good place to start. Free or low-cost family law mediators are widely available in Montgomery County.
After a third-party mediator listens to both sides, the parents retire to separate rooms as the mediator conducts shuttle diplomacy. The mediator conveys settlement offers and counter-offers back and forth.
If both sides negotiate in good faith, mediation is about 90 percent successful. “Good faith” normally means each side is willing to compromise to get a deal done.
Of course, not everything is negotiable. For example, if Dad/Mom is an extreme coronavirus skeptic who refuses to take any precautions, visitation in public places might be okay, but the children could be put at risk in a private visitation and extra precaution may be warranted for health and safety reasons.
Generally, you do not need a lawyer to participate in mediation. The mindset is different during mediation. In court, you need a lawyer, or else your voice might not be heard. But mediation is a litigation alternative, so this normal rule is inapplicable.
Know Your Jail Release Options During the Coronavirus Age
As mentioned, most Montgomery County law enforcement agencies have mandatory arrest policies. That’s especially true during these uncertain times. Officers look for any evidence of injury, such as a red mark or a bruise. If they see such evidence, they try to determine who started the fight. At that point, they take the alleged instigator to jail.
It’s impossible to enforce social distancing in crowded jails. It’s also very difficult to sanitize surfaces. So, Montgomery County officials are anxious to create as much space as possible. That means jail release is most likely within your reach, even in domestic assault cases.
OR (Own Recognizance) release is usually not available for violent crimes. But if the defendant has no criminal history, OR release might be an option. That’s especially true if the state’s evidence is weak. Typically, an attorney must make this argument at a bail reduction hearing.
Alternatively, a Fizer Bonding Company (Montgomery County bail bond) agent can usually write a bail bond. Bail bonds are basically insurance policies. Our bondsman (bail bond near me) charges a 10 percent premium. Once the bond agent delivers this insurance policy to the sheriff, the sheriff releases the defendant.
The bottom line is that if you were arrested because of a family law dispute which got out of hand, do not panic, because you have options.
Domestic assault charges usually involve restraining orders. Some law enforcement agencies require officers to inform alleged victims about this procedure. If the alleged victim applies for a protective order, once again, do not panic.
Many judges do not ask too many questions at the initial ex parte restraining order stage. Instead, the judge simply reviews the alleged victim’s affidavit. If it contains facts as opposed to accusations, the judge normally issues the order.
Things are different at the protective order hearing, which usually occurs about two weeks later. Judges understand that everyone is on edge because of the Coronavirus quarantines and their indirect effects. Many of these judges also consider family law cases, so they also understand the confusion regarding parenting time division and exchanges.
That being said, the burden of proof is rather low. And no judge wants to be the person who denied a restraining order and the violence between the two people escalated.
Compromise is usually an option at the beginning of this process, and it’s usually an option at the end as well. Judges often issue limited restraining orders. They have the same basic elements as a standard restraining order, such as no-contact provisions and other limitations. However, there is no family violence designation. So, the collateral effects are not as bad on alleged abusers.
Count on Fizer Bonding Company to provide you with solid bonding information during these unsteady times. Our professional and discreet bondsman are here to help you and your family during these unprecedented times. Fizer Bonding Company is family-owned and a proud member of the Tennessee Association of Professional Bail Agents. For more info about Fizer Bonding Company bail bonds, click here.
“We’ll get your tail outta jail!”
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