Family solicitors are experts in all matters involving the application and interpretation of family laws. So, when you’re facing issues like divorce, child abuse, domestic violence, property settlement, child custody, and guardianship, they are the best people to work with. The years of experience in litigations showed them how rules are applied in real-life cases, how the courts dispose of civil cases, and how parties relate with each other before, during, and after the proceedings.
Like criminal solicitors, they are used to all the demands and pressure related to the litigation, so they remain level-headed all through the process. It doesn’t matter if you’re the plaintiff or defendant in the civil case; you’ll get the representation you need with a seasoned family solicitor. For the plaintiff, they will help build your case by showing that the elements that give rise to the case are present. They will also show that the defendant is guilty of the charges against him by a preponderance of the evidence.
In the defendant’s case, a family lawyer will negate all the other party’s accusations. He will also check whether or not the other party has a sufficient cause of action, locus standing to file the case, and if the said case was filed in the court of jurisdiction.
Family solicitors can build a case from your narratives
The lawyer’s role doesn’t start and end with being your legal representative as soon as the court litigation starts. Before you can file a complaint, you ask for their legal advice to know the right case to file or what defense to use. In checking the right case, they will ask you questions to understand how to present your narrative. Aside from this, they will also determine if you have the legal right to file the case and which court has the jurisdiction to pass judgment on your case. After that, they will start drafting your complaint, stating the facts that gave rise to your cause of action, remedies you’re seeking, and prayers you want the court to award at the end of the litigation.
They will also make sure that the defendant or his legal representative has been sufficiently informed of the complaints. In some cases, your lawyer would have to initiate the summons’ publication in a newspaper of general circulation to serve as a notice in rem to a defendant that can’t be located despite exercising due diligence in finding him. When the other party sends a reply, your lawyer will also oversee if the answer was sent in a timely manner. Otherwise, he can file a petition in court to rule the case in your favor because of a violation of the rules on civil procedure.
When the case moves to the litigation phase, this is where you’ll see your lawyer battle it all out in the court before the judge. This is where he’ll present the relevant evidence to prove your allegations. This is also where he will present witnesses to corroborate your narratives. Lastly, this is also where he demonstrates that the remedies you’re seeking are justiciable. If the case is ruled in your favor, your lawyer will also ensure that the court order is carried out correctly. Only then can you say that justice is served.
Family solicitors can clear you of the charges raised
Suppose you’re the one charged or the defendant to a settlement, guardianship, or child arrangement orders. In that case, the family solicitor you’re working with will make sure that he could present evidence that will sufficiently and persuasively contradict the allegations made by the other party. For example, the plaintiff alleged that the divorce petition should be ruled in her favor because you’re an adulterer exhibiting unacceptable behavior. As a form of defense, your lawyer can present pieces of evidence that would lead to collusion. He could do this by showing that the aggrieved spouse only set the defendant up to make it look like he was caught having an affair.
He could also look for grounds to validly dismiss the case, and this could include violation of the rule on informing the defendant of the complaint filed against him. He could also argue that the case should be dismissed because it has been filed in a court without jurisdiction or that the plaintiff has no legal right to launch the complaint. And since this is a civil case where the principle ‘damnum absque injuria’ applies, your lawyer can also assert the absence of injury as the ground for dismissing the case.
Since no two cases are similar, your family solicitor can develop different narratives and defenses to build or quash a case. If you need legal advice or help with a case involving family matters, they should be at the top of mind.
