Courthouse background with text bubbles over. Decision - Family Law. Final decisions can sometimes take months, but you’ve got problems now! So what happens next? For many Family Law matters, you can request the judge to issue a temporary order while awaiting a final decision. The court might also decide to issue a temporary order on their own. You can request a temporary order for child/spousal support, custody, or visitation matters. If the temporary order works out well for you and your family, and both parties agree, you can put that on the record and make the temporary order final! For Orders of Protetion/Family Offense Petitions, you can receive a temporary order on the same day, if there is an emergency. Be sure to alert the court if this is the case.

Family matters can add a lot of stress on your day-to-day life, especially when children are involved. So when can you expect a decision on your legal matters?

#CourtPrep #FamilyLaw #CourtOrders

Courthouse background photo with text bubbles on top. Phone Hearings - Public Benefits. Note that you DO have the right to request an in-person hearing but if you do schedule a phone hearing, here are a few things you’ll want to consider: You’re going to upload/send in your evidence ahead of time so everyone will have that information handy on the call. Information about how to do that will be on your scheduling notice. DSS should also send you a packet with THEIR evidence ahead of time too, so if you haven’t received this, be sure to let the court know! When you receive your hearing confirmation, you’ll get a date and a time. Hearings are scheduled at specific times (usually 9 am or 1 pm) BUT as many as 12 hearings will be scheduled for each time slot. Plan on waiting the whole time, just in case (from 9-1 if you have a morning hearing or 1-5 if you have an afternoon one. You want to be sure to have your phone charged and ready to go any time within 2-3 hours of the hearing. If you know your battery doesn’t hold a charge well, you might want to consider leaving it plugged in. The Hearing Officer will give you a call when it’s your turn. The call may come from an “unknown number,” or it might come from an Albany (518 or 838) area code. Occasionally, you might get a call from a different area code. Lastly, during the hearing, make sure to keep yourself on “mute” until it’s your turn to speak.

Unless you specifically request an in-person hearing, court appearances for public benefits appeals and fair hearings will generally take place over the phone ☎️ So what does that mean for you?
#CourtPrep #FairHearing #PublicBenefits

Courthouse background with informational bubbles over. Your Court Appearance - Evictions. It’s an unfortunate fact of life that eviction court in WNY is always busy, so in an effort to improve efficiency, eviction matters are held at regular times/days. Because of this, you’ll find that as many as up to 50 other cases can be scheduled at the same time as yours. So while your time in front of the judge/magistrate/clerk may be quick, you’ll want to prepare to be there all morning/all afternoon (whenever your case is scheduled). IMPORTANT NOTE Remember, your landlord cannot simply tell you to leave or lock you out - only the court has the power to evict you. Your landlord MUST serve you with court papers, take you to court, and get a warrant of eviction. At your first court appearance, you or your attorney may request an “adjournment” to have more time to put together your case and to possibly explore settlemwent options. The adjournment will usually be 2 weeks. At your second appearance, the attorneys may talk outside the courtroom to try and reach an agreement. If there is no agreement, you may have a hearing that day OR have a hearing scheduled for another day.

We all have busy lives these days, so rearranging our schedules for a court appearance can take some maneuvering - taking off work, finding childcare, arranging transportation. How much time do you really need?
#CourtPrep #Housing #Eviction

Courthouse background with information bubbles in front. Decision - Disability Law. You will usually not receive a decision about your claim on the same day as your hearing. The time periods will vary, but you can usually expect a decision within 2-4 months. If you aren’t happy with the decision, the next step would be to request an appeal to the Appeals Council. You have 65 days from the date of the decision to file an appeal request. This appeal won’t be another hearing/court appearance. You will appeal in writing, explaining why you think the decision was incorrect. If the Appeals Council confirms the denial of your claim, the next step would be to file a case in Federal Court, within the next 65 days. After you file, your attorney and the U.S. attorney assigned to the case will each submit a brief explaining their side of the story. The U.S. District Court Judge or Magistrate assigned to the case will decide: if the denial should be overturned, if there should be a new hearing, or if the denial should stand.

When your disability hearing is over, you may be anxious for a decision. After all, you've already waited through the initial application, denial, and prep for the hearing. So when will you receive your decision? And what happens if you still don't agree?

#CourtPrep #Disability #Appeals

Courthouse background with text bubbles on top. Representation - Family Law. In criminal matters, you probably know that, “you have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.” For civil matters, this is not always the case! For parents in custody/visitation and family offense petitions/orders of protection, you are generally entitled to a lawyer and the court will appoint one for you, if you do not have one. For child/spousal support matters, you are not entitled to a lawyer unless you owe enough in arrears to make this a criminal matter. In most cases, however, you do not need a lawyer. The magistrates will slow down and explain anything you don’t understand, as they are used to seeing parties represent themselves. For divorce cases, you are not entitled to a lawyer, but many times, it’s recommended you have one. If you don’t have any kids or custody issues, don’t have property to split, and all parties agree, you CAN file for a divorce without representation. NLS offers a FREE DIY Divorce Seminar a few times each year - the next one will be April 22 at the Niagara Falls Library.

One of the first things on your mind when working on your #CourtPrep - do I need a lawyer? And if so, how can I get one?

Courthouse image in background with white text bubbles over. What to Bring: Fair Hearing -- If you don’t agree with a decision regarding your benefits, you have the option to request a Fair Hearing to have the Court take a second look. The purpose of the hearing is to tell your side of the story and to clear up any points of confusion that may have resulted in your denial. So what you want to bring with you to court is all the evidence to back up your side of the story. This may include: pay stubs or other income verification, case records, notifications you’ve received, medical records, statements from family, friends, or neighbors, and anything else that might support your claims. You’re going to need to submit your evidence ahead of time. This can be done: online @ uploadNY.gov, by fax, by mail. DSS is going to give you a copy of their evidence too. You’ll receive this evidence packet at least 2 days before the hearing. If you haven’t, be sure to alert the court.

Looking towards your #FairHearing ? Here's what to prepare:

#CourtPrep #PublicBenefits

Background image of Courthouse with text bubbles in front. Accommodations: The Courts are bound to provide fair and impartial treatment and that includes making reasonable accommodations if you have special needs. Is English not your first language? Court interpreters are provided at no cost upon request - including ASL. Court documents can also be made available in Braille, large print, or audio formats for those who are blind or have low vision. Accommodations for other disabilities or special circumstances may include: changing the venue, allowing your service animal, assistance with forms. A judge may allow other accommodations, including: extending schedules, granting adjournments, allowing you to appear remotely. IMPORTANT NOTE If you need, or think you will need, an accommodations, be sure to alert the Court in advance. Requests can be made by e-mail, letter, telephone, or in person at the Chief Clerk’s office.

Dealing with a legal issue is stressful enough - having to go to court doesn't have to be! This month, we're de-mystifying the process by sharing our best #CourtPrep tips with you.

Today's topic: Accommodations

Courthouse image in background with white text boxes over. Arrivals: When you receive your court date, it will also list the time of your appearance. For an in-person hearing or court appearance, you’ll want to arrive about 15-30 minutes before. For a virtual appearance, be sure your phone or computer is charged and ready to go at least 2-3 hours before the scheduled time. IMPORTANT NOTE Parking CAN be difficult, especially in the city of Buffalo or Niagara Falls. Be sure to allow extra time, if you’re driving. You’re also going to have to go through security and will want to allow time for that, too. Check-In: The notice you receive with your court date will also give you instructions on the room/floor of your appearance, and where to check in.

Early is on time and on time is late - or is it? When should you show up for your court appointment? #CourtPrep