Laura was attacked by her husband, Ron, leaving her feeling scared. Lone Star Legal Aid’s (LSLA) Crime Victims Unit Staff Attorney, Cheranda Robertson, went above and beyond to obtain a new life for Laura and her son Christian, bringing her peace just in time for Christmas and a fresh start in the new year.
Laura and Ron shared a seven-year-old when he strangled her. Ron was arrested and charged with “assault by impeding breath or circulation,” a third-degree felony in Texas. Laura was granted a Protective Order to protect her, her two sons (one from a prior relationship), and her sister. Laura then came to LSLA seeking help in filing a divorce and custody case. LSLA Paralegal Nicola Ostlund, working alongside Robertson under the Justice for Crime Survivors grant, played a key role in Laura’s case. As the original case handler, Nicola guided Laura through drafting and filing the initial pleadings and ensured Ron was properly served in the suit.
Ron never answered in the suit, and the county where Laura’s case was filed is known for making it complicated to obtain a default judgment, a court order that is issued when a party fails to take action in a legal proceeding, such as not responding to a summons or appearing in court. Roberston then agreed to step in and represent Laura to help her overcome the hurdle of finalizing a case without any complications or delays. Robertson was set to appear with her in court to proceed with a default judgment.
The evening before the court date, Robertson received notice that Ron happened to have his sentencing hearing in his criminal case the same morning and in the same courtroom. This meant he would likely be present in court, which would prohibit Laura from being able to finalize the case via default judgment. “This could have prolonged things for months or even years if he began contesting things requiring mediation, hearings, trial, etc. Laura was distraught and scared about what might happen and having to see Ron in person again,” Roberston said.
With these new considerations and to help Laura finalize the case, Roberston decided to draft an Agreed Final Decree of Divorce that she would present to Ron in court in hopes that he may consider signing it. When they arrived in court the following day, Ron was present. In between settlements, Robertson talked Ron through everything. She was able to negotiate a settlement. Knowing how dedicated and client-driven Roberston is with her cases, she didn’t stop at helping Laura with a divorce and custody. The settlement was incredibly favorable for Laura. It awarded her:
A finding of family violence, grounds of cruelty, sole managing conservatorship, no geographic restriction at all as to where her son has to live, a very restrictive and rigorous step-up visitation plan, restricted communication between Ron and Laura through Our Family Wizard parent communication app, the right to avoid having to update any of her personal information with Ron, (address, email, phone number, employer info, etc.) as usually required, permanent injunctions against Ron for the safety of her and her son, child support, and cash medical support. Laura was also awarded the property and debt division she was hoping for, including some personal property items that Ron and his mother had been keeping from her.
“This is probably the most favorable settlement agreement I’ve obtained for a client. I worked hard to carefully craft language and terms that would be enforceable, protective, and beneficial for Laura and her son, not just now but for years to come. One of my primary goals as a litigator is to put clients in the best position possible so they don’t have to return to court for potential issues or future disputes. Laura was exceedingly grateful to Lone Star Legal Aid for our help throughout the process, especially for helping her finalize the case before the holidays. She and Samuel can now enjoy Christmas in peace and ring in the New Year with hope.”
Robertson’s resilience changed Laura’s life. Roberston didn’t let last-minute setbacks keep her from finding justice for her client.
*Names have been changed to protect the client’s identity.