About Andra DelMonico, J.D.
Graduating from Stetson University College of Law with a J.D., Andra brings a straightforward approach to legal writing. With over a decade of freelance writing experience, she has a wealth of experience in writing about a broad range of legal topics. She has ghostwritten for individual attorneys, law firms, and businesses. When not writing, Andra spends her time boating and motorcycle riding with her family in sunny Florida.
Articles written by Andra DelMonico, J.D.
Can a Protection Order Be Used Strategically in a Custody Battle?
A protection order can significantly affect a child custody case. However, it doesn't automatically determine who gets custody. Judges consider the facts, the evidence, and above all else, the child's best interests. "While protection from abuse orders (PFAs) are critical for protection, we sometimes see them misused as gamesmanship in volatile custody, housing, or divorce disputes,” says Missy Boyd, a family law attorney at Boyd & Early Family Law in Blue Bell, Pennsylvania. “Because a …
Who Advocates for the Child in Court? Understanding Child Legal Representation
Children can have legal representation in court, but who speaks for them depends on the type of case and the laws of the jurisdiction where the case is filed. In some situations, a judge appoints an attorney for the child. In others, the court names a guardian ad litem or another advocate to investigate the child's circumstances and recommend what serves the child's best interests. Parents often assume the judge simply hears both sides and decides. But in many cases, another voice enters the …
What Does Getting Indicted Mean? Grand Jury Indictments Explained
An indictment is a formal criminal charge issued after a grand jury determines there is probable cause to believe a crime was committed. It marks the beginning of a criminal prosecution, not the end, and every person who is indicted remains presumed innocent unless proven guilty. When people hear someone has been indicted, they often picture a courtroom victory for prosecutors. In reality, the case is just getting started. Before any verdict can be reached, prosecutors must still prove the …
Suing Someone Who Sues You Back: Crossclaims vs. Counterclaims Explained
If someone sues you, you may be able to sue them back through a counterclaim. In lawsuits involving multiple parties, you may also have the option to bring a crossclaim against someone on your own side of the case. These legal claims serve different purposes, but both can shape the outcome of a lawsuit and affect everything from settlement negotiations to who ultimately pays damages. Many people are surprised to learn how quickly a straightforward lawsuit can become more complex. Knowing the …
Appealed Your Case? What Happens When an Appellate Court Remands It
A remand order is when an appellate court sends a legal case back to the lower court for additional proceedings. This could entail reconsidering a legal issue, making additional findings, holding another hearing, or taking other actions ordered by the appellate court. A remand can leave you in an unusual position: Your appeal is over, but your case may not be. What happens next depends on exactly what the appellate court decided and what its mandate requires. If you have received a remand …
Force Majeure: Does It Cancel Your Contractual Obligations?
A force majeure clause can excuse a party from certain contractual obligations when an extraordinary event like a natural disaster makes performance impossible, impracticable, or otherwise triggers the protections written into the agreement. But that does not mean someone can simply point to a hurricane, government order, pandemic, strike, or other unforeseeable event and walk away from a contract. The wording of the clause, what actually happened, and how the event affected performance all …
Judicial Recusal Explained: How Conflicts of Interest Disqualify Judges
Judicial recusal is the process that requires a judge to step away from a case when a conflict of interest, personal bias, financial interest, or other circumstance could affect their ability to remain impartial. Recusal rules help protect the fairness of court proceedings and ensure that litigants can trust that decisions are being made by a neutral judge. If you believe a judicial conflict may affect your case, an attorney can help you understand your rights and determine what steps may be …
Sued and Missed the Deadline? What a Default Judgment Means for You
A default judgment can be entered against you when you fail to respond to a lawsuit or otherwise defend your case. That can leave you facing a legally enforceable judgment without ever having your side of the story heard. The good news is that a default judgment may not always be the end of the road. Depending on the circumstances, you may be able to ask the court to set it aside or appeal the judgment. Find a civil litigation lawyer who can review your situation and explain what options may be …
How Does a Deposition Work? What To Expect and How To Prepare
A deposition is a formal question-and-answer session in which you provide sworn testimony before trial. During a deposition, an attorney asks questions while a court reporter records your answers. Depositions are commonly used in civil cases as part of discovery, but rules and procedures vary by case type and filing location. Knowing what happens during a deposition, what questions you may be asked, and what rights you have can help you walk in prepared. A deposition can feel …
Affidavits: How Are They Used as Evidence in Your Case?
An affidavit is a written statement made under oath or affirmation, and courts use them in both civil and criminal cases. But signing your name to a sworn statement does not automatically make everything in it admissible evidence. The rules governing affidavits can vary by state, court, and reason for submission, and an opposing party may be able to challenge what the affidavit says or how it was prepared. If an affidavit could affect the outcome of your case, use the Super Lawyers directory to …
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