Alycia Lane Divorce

We all remember Ms. Lane from her national media story around her bikini photos in May of 2007. She and ex-ESPN (NFL Network) anchor Rich Eisen had a little too much fun with email photos.

Then in December she was arrested in New York for assaulting a female officer. That led to her being fired this month. Here's a video clip on the firing.



Now she is selling her condo that was transferred to her for a grand total of $1 as part of a divorce settlement from ex-husband Jay Adkins.

She has gone from a high profile anchor making close to a million dollars per year to an unemployed bikini model holding a garage sale.

Related Topics to this article:
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Patriots Moss Accused of Battery – Slander and Extortion

A long-term female friend of Randy Moss, wide receiver for the New England Patriots, accused him of battery against her. She also had a temporary injunction issued which barred Moss from coming within 500 feet of her and from using or possessing firearms. Is Moss guilty?

Well, he doesn't seem like a nice guy. In 2002, he hit a traffic control officer with his car. In 2001, he reportedly verbally abused corporate sponsors. In 1999, he squirted an official with a water bottle. But the leap to actual "battery" is a big one. To be "battery", Moss had to have physically touched the woman AND intended to harm her. If the woman is lying, she is guilty of slander (see previous post: Princess Diana a "Whore" – Suing for Slander). If she tried to get money out of Moss to keep her quiet, she is also guilty of attempted extortion.

Let's say Moss is another innocent victim of some money-hungry opportunist. What should he do? He could sue her for slander. If he did, the law might determine that Moss is a "public figure". The US Supreme Court has established three types of public figures: involuntary public figures (like Jamie Leigh Jones), people who are always public figures (like President Bush), and those who are public figures on specific issues (like Michael J. Fox or Warren Buffet). The woman's lawyers would most likely argue that Moss is a public figure on specific issues. The lawyers would fight about this extensively, since if Moss is a "public figure," Moss would have to prove that the woman accused him of battery with "actual malice" or "reckless disregard of the truth." Moreover, Moss would have to prove this with "clear and convincing proof." In contrast, if Moss were a regular Joe Public, he would only have to show that she knew or should have known that her accusation was false. No doubt he has an uphill battle, but if he is innocent, it's worth the fight to clear his name and send a strong signal to gold-diggers everywhere. And if he wins, he has an even stronger criminal case against her for attempted extortion. Jail time, anyone?

Princess Diana a "Whore" – Suing for Slander

Princess Diana's butler, Paul Burrell, said her mother called her a "whore" and some other "nasty" things. Apparently, mom didn't like her little girl dating Muslim men. When can a reputation-damaging remark become a lawsuit?

Test #1: It has to be "defamatory".

A statement is considered "defamatory" if it injures your reputation and exposes you to public hatred, contempt, ridicule, or degradation. If the statement doesn't obviously do so, then you have to prove that it does. Some statements are so defamatory, however, like the Diana's mom calling her a whore, that they are considered defamation per se and you would not have to prove the statement's harm. Other examples of statements that are defamatory per se are allegations of serious sexual misconduct, serious criminal misbehavior, or that a person has a disease like a venereal disease.

Test #2: It injured your reputation.

If a statement is defamatory per se, the law presumes injury to your reputation. In other cases, you must prove the damage. If your reputation is already damaged, you will have a hard time getting more out of the lawsuit than nominal damages, and it won't be worth the cost of the lawsuit.

Test #3: It was published to third parties.

It must be communicated to the public.

Test #4: It can't be true.

If it's true, you're out of luck. Let's say someone injured your reputation at work by telling your colleagues that you are a convicted pedophile. If true, it is not defamation. If it's mostly true with minor details that are false, it's still "too true" to meet the lawsuit test. For a sustainable lawsuit, the statement has to be both 1) false, and 2) the person saying it had to know or should have known that it was false.

Pregnant Marine Murdered - 8 Steps for Safety

Marine Lance Cpl. Maria Lauterbach, eight months pregnant, was killed on December 15. She had accused another marine, Cpl. Cesar Armando Laurean, of raping her last year. Her burned pregnant body was found in the backyard of his home. How ironic that this gruesome tragedy occurred just before Stalking Awareness month. During the month of January, the U.S. Department of Justice's Office on Violence Against Women is asking for everyone’s help to increase awareness about stalking and share resources to stop this crime. And as in Maria's case, stalking often doesn't end with just watching and following. The toll is far greater – usually involving rape or domestic violence. Approximately 1.5 million people are stalked every year in the U.S. and 4 out of 5 of those victims are women. Here are steps you can do if you think you are a victim of stalking:

#1: Tell your stalker to leave you alone – one time only.

You might not be sure if you are being "stalked" and may not want to hurt the person's feelings. But if you are uncomfortable with the contact, you need to protect yourself. Clearly, directly and firmly tell the person to stop all further contact with you. Do this only once and DO NOT RESPOND to any further communications with the stalker. Continuing communication will encourage the stalker to continue contacting you, as negative attention is better than no attention at all.

#2: Collect evidence.
Simply telling the stalker to stop contact with you is often not enough. If this is the case, you will need evidence that you have instructed the stalker to stop contacting you. Your key piece of evidence will be a copy of the email that you sent or a recording of your conversation instructing the stalker to stop. Also think about if there were any people who witnessed the stalker's behavior. You may need these people to talk to law enforcement officials to support your claim. If the stalker gets your phone number, don't change it. Instead, make sure to keep all messages. Write down when someone hangs up without leaving a message (you can get a second (unlisted!) number for your friends in the meantime).

#3: Stay organized.

Keep a journal of events with dates and times, recording the stalking events in as much detail as possible, including names and contact information of any witnesses. Keep any other evidence (such as letters, voicemails, gifts) in a single safe place.

#4: Tell everyone you know that you are being stalked.

Try to get a picture of your stalker and show it to everyone you know or regularly interact with. Tell them that you are being stalked. Ask them to contact you immediately if they see the stalker. Knowing where the stalker is will help protect you, as well as gather more evidence to support your claim. Make sure to record sightings in your journal, with the name and contact information of the person who made the sighting.

#5: Practice safety precautions.

Practice safety while out in public, in your home, in your car, and everywhere in between. Safety measures are too detailed to list here, but some suggestions are keeping your personal information private (such as by unlisting your telephone number and directing all mail to a locked mailbox or post office box), not walking alone, varying your schedule, having a house alarm, having a dog, or ultimately relocating (yes, it's unfair, I know). You have to be smart, be aware of your surroundings, and protect yourself.

#6: File a police report.

Take your journal and evidence to the police station and file a report. Make sure to contact the police department every time there is an incident. If there is another incident, file a second report, and ask that the second report references the first police report. This will help tie your evidence together to build your case.

#7: Get a protective or restraining order.

A protective order (aka "restraining order") is a legal order issued by a state court which requires one person to stop harming another person. All protective order laws are state laws, not federal laws, and each state has a different law. Protective orders offer no actual protection to you from physical harm. But they may convince the stalker to stop if the stalker fears being arrested. They also give the police more power to arrest your stalker. Unfortunately, they might also anger your stalker and you may then be in more danger. You have to weight the pros and cons. You can get specific information on the laws in your state by using the pull down menu on the top, left-hand side of the page at http://womenslaw.org/more_info.htm#top. It is important that you report ANY violation of the restraining order. Then, the stalker can be prosecuted and sent to jail.

#8: Be able to defend yourself.

Take a self-defense course. If you are comfortable with a gun or will commit yourself to regular target practice to become comfortable, keep a gun readily accessible in your home and get a concealed handgun license (if your state allows one). Do not plan on using a gun if you are the least bit uncomfortable. If you pull your gun and hesitate – even for a moment – chances are that the stalker will take your gun from you and use it on you.

Victim of stalking or not, it is important that you practice personal safety and are aware of your surroundings at all times. Make sure your stalker cannot get information about you and cannot get to you. If he does, make sure you can defend yourself.

SELECTED WEBSITES
Stalking Resource Center: http://www.ncvc.org/src/Main.aspx

Stalking Handbook: http://www2.uta.edu/ssw/spence/documents/stalkinghandbook.pdf

Center for Relationship Abuse Awareness: http://www.stoprelationshipabuse.org/index.html

3 Easy Steps to Eliminating Credit Card Debt

Step #1: Dispute your
credit card debt.

Contact the credit card company and dispute your balance. Tell them how much you are able to pay and agree on an amount. Keep detailed notes on the date of the conversation, the name of the credit card employee with his/her employee identification number or last name, and the contents of your conversation.

Step #2: Offer a certain amount as "payment in full".

When talking to the credit card representative, ask to allow you to settle the account by making the partial payment as a payment in full satisfaction of the amount you owe.

Step #3: Provide payment to the credit card company with "restrictive endorsements."

Send a cashier's check in the agreed amount. On the back of the check, write "do not deposit unless for full settlement amount."

5 Steps to Choosing the Right Attorney

You need a lawyer. How do you find a reputable attorney who will deliver value at a reasonable price? Do you thumb through the yellow pages? Watch TV for commercials? By following these tips, you can find and hire an attorney that will well-serve your particular needs:

#1: Call friends or your state bar for a recommendation.

The best way to find a good lawyer is through a personal recommendation. Call your friends, family, colleagues or anyone you trust. However, if you come up short, you may have to resort to contacting your state bar association for a referral (http://www.statebarassociations.org/). In either event, follow the remaining steps below, optimally, with three different attorneys so that you may choose the best fit for you.

#2: Contact the attorney and inquire about a free consultation.

Most attorneys will agree to free consultations. Write down the key facts about your situation, and make a list of questions you hope to have answered. Though you may not get your questions answered for free, this process will prepare you for your meeting with the attorney, where you will be able to discuss your case as well as evaluate the attorney.

#3: Trust is king.

When at the consultation, evaluate how you feel with the attorney. Trust and honesty from both parties are critical.

#4: Experience counts.

When all is said and done, the next most important thing that matters is experience. When you engage the services of an attorney, you need to hire a lawyer that has specific experience in the particular area of the law in which you are seeking legal representation. Most attorneys have become specialists, and you want someone who has been dealing with situations like yours for a number of years.

#5: Understand the money.

Find out how and when fees and expenses will be charged. Make sure you are clear on this and take detailed notes. You will then be able to compare the charges of other attorneys you interview before choosing on your attorney. In most cases, the attorney will charge hourly rates for time, plus will charge for expenses (phone calls, postage, etc.). Some cases, such as simple will preparation, may be done on a project/lump sum basis. Yet other cases, such as personal injury cases, are often done on a "contingency" basis, where the client pays expenses only. Then, at the end of the case, the attorneys would take a percentage of any money obtained for the client.

Divorce – 5 Ways Your Spouse May Screw You

Have a spouse who's wronged you and fear they are going to do it again? Here are tricks to screw you during a divorce to look out for:

#1: Transferring assets out of their name.

Your spouse may quietly transfer assets to a friend or family member. They can then claim that they no longer have these assets. Your lawyer will have to prove that your spouse transferred the assets to deprive you. Be on the lookout for this secret behavior so that your lawyer can try to block the transfer.

#2: Going shopping.

Both the husband and wife are responsible for the debt each party incurs when you are married. Your spouse may go on a shopping spree and rack up some debt. You will then be stuck with half of the tab.

#3: Selling your stuff.

Selling what they can and spending the cash or transferring it to a friend or family member.

#4: Overpaying your joint taxes.

Paying significantly more in income taxes than you actually owe. After the divorce is over, your spouse may file an amended return along with a request for a refund of the overpayment. Your spouse won't have to share the refund with you.

#5: Declaring bankruptcy.

If your spouse finds that they will have to make payments to you (spousal support, child support, etc.), your spouse may be planning to declare bankruptcy in the middle of the case. You will then have to hire a bankruptcy lawyer to try to get paid. Be on the lookout for this so that you can begin collecting evidence for your fight in the bankruptcy court.

Try to protect yourself by taking copies of investment account statements, bank statements, credit card statements showing balances, and any other evidence so that you can show a "before" and "after" position of the family's financial position to prove your spouse's unethical and malicious behavior to the court.