Podcast Episode #15: Criminal Charges and Family Court – Understanding the Connection with Criminal Defense Attorney Maxine Walters

Podcast Episode #15: Criminal Charges and Family Court – Understanding the Connection with Criminal Defense Attorney Maxine Walters

Podcast Episode #15: Criminal Charges and Family Court – Understanding the Connection with Criminal Defense Attorney Maxine Walters

Where Family Law and Criminal Law Intersect: What Families Need to Know

Navigating family law issues is rarely simple, and when criminal charges enter the picture, the stakes become even higher. The Herlihy Family Law Podcast is dedicated to helping individuals and families understand the legal issues that affect their lives, with thoughtful conversations led by attorney Alison Herlihy.

In Episode 15, Alison is joined by Maxine Walters, a criminal defense attorney practicing in Mobile, Alabama. Maxine brings valuable insight into how criminal law frequently overlaps with divorce, custody, and other family law matters—especially in emotionally charged situations involving domestic disputes, protective orders, and allegations that arise during separation.

This episode sheds light on what families should understand when criminal and family court proceedings run side by side.

How Criminal Charges Arise in Family Law Situations

Many criminal cases grow out of domestic or family-related conflicts. Situations involving domestic violence allegations, harassment, stalking, or violations of court orders are especially common during separations and divorces. Conduct that might feel personal or emotional in the moment—such as repeated messaging, tracking a partner’s location, or asking a third party to relay information—can quickly escalate into criminal exposure.

Understanding where the legal lines are drawn is critical, particularly because some actions can lead to immediate consequences long before any conviction occurs.

Protective Orders, Bond Conditions, and No-Contact Rules

One of the most misunderstood areas is the difference between civil court orders and criminal restrictions. In criminal cases, judges often impose bond conditions immediately after an arrest. These may include no-contact or no-violent-contact orders, which can significantly affect how parents communicate, exchange children, or handle shared responsibilities.

Violating these conditions can result in bond revocation and incarceration while a case is pending. Importantly, “contact” is not limited to in-person communication—it can include texts, social media messages, or communication through third parties.

Criminal Case Timelines: Misdemeanors vs. Felonies

Criminal cases move at different speeds depending on the charge:

  • Misdemeanor cases generally resolve more quickly and are often handled through bench trials, with the possibility of appeal.
  • Felony cases, particularly those involving allegations such as domestic violence by strangulation, take significantly longer. These cases often involve preliminary hearings, grand jury proceedings, and eventual jury trials, sometimes stretching over several years.

During this time, restrictive conditions may remain in place, impacting family dynamics, custody arrangements, and daily life.

How Criminal Charges Affect Custody and Divorce

A common misconception is that an arrest automatically determines custody or divorce outcomes. Family courts apply a different legal standard—focused on the best interests of the child—rather than guilt or innocence in a criminal case.

That said, criminal matters can still have indirect effects. Family law proceedings are often paused when serious criminal charges are pending to protect constitutional rights. Statements made in divorce or custody cases can later be used in criminal court, making coordination between legal strategies essential.

DUI Charges and Family Consequences

DUI arrests are another frequent crossover issue, especially during holidays and celebratory seasons. Beyond criminal penalties, DUI charges can affect employment, licensing, and custody—particularly when children are involved.

Cases involving commercial driver’s licenses or repeat offenses carry heightened risks, and even first-time charges can disrupt family stability while the case works its way through the court system.

Technology, Surveillance, and Criminal Liability

Modern technology has created new legal pitfalls. Placing tracking devices on another person’s vehicle, recording conversations without proper consent, or using technology to monitor a partner can lead to serious criminal charges. While shared location apps may be lawful when all parties consent, covert surveillance crosses a legal line and can carry felony consequences.

Expungement: Clearing the Record

For individuals whose cases are dismissed or resolved through diversion programs, expungement can be a powerful tool. Clearing eligible charges from a criminal record can improve employment prospects, professional licensing opportunities, and long-term stability for families.

However, not all offenses qualify, and the process takes time. Eligibility depends on the type of charge, the outcome, and statutory requirements that continue to evolve under Alabama law.

Practical Guidance for Families Under Stress

When criminal and family law matters overlap, emotions often run high. Careful communication, compliance with court orders, and strategic legal guidance are essential. Written communication, restraint on social media, and focusing on long-term outcomes can help prevent additional legal trouble during an already difficult period.

Final Thoughts

Family law and criminal law frequently intersect in ways that can have lasting consequences for parents, children, and entire families. Early, informed legal guidance can make a critical difference in protecting rights and navigating complex situations.

To hear the full conversation and gain deeper insight, listen to Episode 15 of the Herlihy Family Law Podcast. For more resources and information, visit https://www.herlihyfamilylaw.com.

To learn more about criminal defense services or expungement options in South Alabama, visit https://www.mwalterslaw.com.

Staying informed—and seeking the right help early—can help families move forward with clarity and confidence.

Podcast Episode #11: Reflecting on 20 Years in Family Law: A Conversation Between Alison Herlihy and Anna Eden

Podcast Episode #11: Reflecting on 20 Years in Family Law: A Conversation Between Alison Herlihy and Anna Eden

Podcast Episode #11: Reflecting on 20 Years in Family Law: A Conversation Between Alison Herlihy and Anna Eden

September marks a major milestone for attorney Alison Herlihy — 20 years since she began practicing law. To commemorate this occasion, Alison sat down with fellow attorney Anna Eden on the Herlihy Family Law Podcast to reflect on how the field has evolved, the lessons she’s learned, and what the future might hold for the next generation of family lawyers.

 

A Purpose-Driven Career

Many family law practitioners are drawn to this field because of personal experiences and a desire to help families through difficult transitions. Early exposure to family conflict, domestic violence work, or positive interactions with legal advocates often shapes this career path. Family law requires not only legal knowledge but also empathy and resilience, as attorneys support clients through some of the most challenging periods of their lives.

 

How the Field Has Evolved

The practice of family law has changed significantly over the past 20 years, especially in the area of technology. In the early 2000s, filings were done entirely on paper, requiring multiple copies and in-person courthouse submissions. The introduction of electronic filing transformed this process, making it faster and more efficient.

Technology has also influenced how lawyers prepare evidence, communicate with clients, and manage cases. While these tools offer convenience, they can also create new challenges. Attorneys entering the field today must balance technological proficiency with traditional legal skills to ensure they can adapt to a variety of courtroom settings and legal processes.

Client expectations have evolved alongside these changes. With legal information more readily accessible online, clients sometimes rely on outside digital tools before consulting with their attorney. This shift underscores the importance of clear communication and trust between attorneys and their clients.

 

Lessons Learned Through Experience

Sustaining a long career in family law involves overcoming professional and personal challenges. Early-career attorneys often face skepticism from more experienced practitioners, making it essential to develop confidence and credibility. Many attorneys eventually choose to start their own practices, which requires not only legal expertise but also business and leadership skills that are not typically taught in law school.

Maintaining work-life balance is another ongoing challenge in this field. Because family law involves highly personal and emotional cases, attorneys must learn to set boundaries, manage their caseloads effectively, and recognize when to step back in order to prevent burnout.

 

Mental and Emotional Resilience

The emotional weight of family law work can be substantial. Attorneys often rely on personal wellness practices—such as therapy, mindfulness, or physical activities—to stay grounded. Setting clear professional boundaries, taking time to recharge, and creating structured processes for client communication all contribute to long-term resilience.

 

Mentorship and Professional Growth

Strong mentorship relationships play a crucial role in professional development. Guidance from experienced practitioners provides younger attorneys with insight, support, and perspective as they navigate the complexities of family law. This mentorship is valuable both inside and outside the courtroom and helps foster a collaborative legal community.

 

Looking Ahead

As the firm looks toward the future, the focus is on preserving the values that have shaped its first 20 years: professionalism, compassion, and client-centered service. Preparing the next generation of attorneys to lead involves passing down institutional knowledge, adapting to technological change, and maintaining a high standard of legal practice.

Family law remains one of the most multifaceted areas of legal practice. Attorneys in this field must understand not only the nuances of domestic relations but also aspects of real estate, probate, contract law, litigation, and more. It is a demanding but deeply meaningful practice area that touches nearly every aspect of clients’ lives.

Listen to the full episode of the Herlihy Family Law Podcast to hear more insights from Alison and Anna, and don’t forget to subscribe so you never miss a conversation.

👉 HerlihyFamilyLaw.com | 📞 251-432-7909

Podcast Episode #10: Helping Daughters Bloom: Navigating Puberty with Confidence with Guests Dr. Nancy Wood and Dr. Quin Bixler of In Full Bloom, MD

Podcast Episode #10: Helping Daughters Bloom: Navigating Puberty with Confidence with Guests Dr. Nancy Wood and Dr. Quin Bixler of In Full Bloom, MD

Podcast Episode #10: Helping Daughters Bloom: Navigating Puberty with Confidence with Guests Dr. Nancy Wood and Dr. Quin Bixler of In Full Bloom, MD

The Herlihy Family Law Podcast, hosted by attorney Alison Herlihy of Herlihy Family Law, recently welcomed two physicians who are making a big impact in family education: Dr. Nancy Wood, a pediatrician, and Dr. Quin Bixler, an OB-GYN. Together, they co-founded In Full Bloom, MD, a resource dedicated to helping families approach the changes of puberty with confidence, clarity, and compassion.

 

Why Puberty Conversations Matter

Puberty is often a source of anxiety for both children and caregivers. Parents worry about saying the wrong thing or not knowing how to start the conversation, while children may feel confused or unprepared for the physical and emotional changes they are experiencing.

Dr. Wood and Dr. Bixler emphasize that these discussions don’t have to be perfect or one-time events. Instead, puberty should be approached as an ongoing, open conversation that builds trust and strengthens the parent–child relationship. When children receive accurate, age-appropriate information from trusted adults, they are more likely to feel empowered and less fearful about the changes ahead.

 

Moving Beyond Outdated Resources

Many families rely on outdated or overly simplified resources that don’t fully prepare children for puberty. Traditional videos and books often fall flat—either too medical and sterile, or too “cheesy” to resonate. The goal of In Full Bloom, MD is to bridge that gap with medically accurate, accessible, and relatable content that addresses not only anatomy and physiology, but also hygiene, emotional changes, body image, and overall well-being.

By presenting this information in a way that children can understand—and parents can confidently share—the program helps families avoid confusion and misinformation while creating space for honest dialogue.

 

Practical Guidance for Parents

One of the most helpful aspects of In Full Bloom’s approach is that it equips caregivers with the tools to lead the conversation in their own way. Practical tips include:

  • Start Early and Keep Talking: Beginning discussions around ages eight or nine is ideal, but it’s never too late to begin. Conversations should evolve as children grow and new questions arise.
  • Ask First: Sometimes children know more than parents expect. Asking what they already know can guide the discussion and help correct any misconceptions.
  • Create Space: Set aside one-on-one time without siblings or distractions to ensure the child feels valued and safe to ask questions.
  • Normalize the Process: Remind children that everyone’s body develops differently, and all changes are a normal part of growing up.

 

Preparing to Bloom: A Helpful Resource

To make these conversations easier, Dr. Wood and Dr. Bixler created Preparing to Bloom, a self-paced video course that walks caregivers through the essential aspects of puberty education. Covering topics from anatomy to hygiene to emotional changes, the course provides families with a roadmap to navigate this life stage with greater confidence.

The program also reinforces the importance of communication. When parents are prepared, children see them as trustworthy guides—not only for puberty, but for future, more complex topics as well.

 

Building Confidence and Empowerment

At its core, the mission of In Full Bloom, MD is to empower families. When parents feel confident in what they are teaching, children, in turn, feel empowered to understand their bodies and face change without fear. This mutual confidence strengthens bonds within families and sets the stage for healthier communication as children enter their teenage years and beyond.

Learn More

Podcast Episode #9: From Judge to Mayoral Hopeful: Spiro Cheriogotis’ Vision for Mobile

Podcast Episode #9: From Judge to Mayoral Hopeful: Spiro Cheriogotis’ Vision for Mobile

Podcast Episode #9: From Judge to Mayoral Hopeful: Spiro Cheriogotis’ Vision for Mobile

The Herlihy Family Law Podcast, hosted by attorney Alison Herlihy, offers listeners valuable insights at the intersection of family law and community life. In Episode 9, Alison is joined by Spiro Cheriogotis, a former prosecutor, district judge, small business owner, and candidate for mayor of Mobile, Alabama. The episode takes listeners through a compelling journey of purpose-driven leadership, practical solutions for city improvement, and an optimistic vision for Mobile’s future.

 

From Pre-Med to Law: A Purposeful Pivot

The path to public service often begins with unexpected turns. A biology and chemistry major, Cheriogotis originally prepared for a career in medicine. But a deep internal shift, driven by prayer and introspection, led him to pivot toward law. This defining decision set the stage for a meaningful career in legal service and leadership, ultimately guiding him toward the bench and now into public office.

 

Learning Leadership from the Courtroom

Years of work as both a prosecutor and a district judge shaped his philosophy on leadership. His time on the bench, especially during the unique challenges of the COVID-19 pandemic, honed his skills in strategic problem-solving and compassionate decision-making. He emphasized the importance of presiding with empathy and responsibility, particularly when dealing with families in crisis or individuals with limited options.

 

A Family Business Foundation

Growing up in a family business instilled in him a strong work ethic and deep respect for people from all walks of life. After his father’s passing, he assumed responsibility for the family’s barbecue restaurant in Dothan, Alabama—an experience that reinforced his understanding of small business challenges, loyalty to long-time employees, and the value of community.

 

Addressing Public Safety with Realistic Solutions

Public safety remains a top concern in Mobile. While the city has made strides in reducing property crimes, gun violence continues to impact the community. Tackling this issue, he believes, requires a multi-pronged approach: intervening early in the lives of at-risk youth, investing in workforce development, and taking a firm yet supportive stance on gang-related activity. Creating visible, attainable pathways to success can, he argues, deter violence and offer hope.

 

Connecting Underserved Communities to Opportunity

Many local job opportunities remain out of reach for underserved residents due to a lack of reliable transportation. With employers like Airbus and Austal in need of skilled labor, improving transit is key. Proposals include restructuring the city’s transportation system to be more accessible, such as introducing trolley-style buses that better serve narrow city roads, while also building excitement and trust in public transit.

 

Smart Cities and Responsible AI Use

Artificial intelligence can improve everyday city functions—particularly traffic flow and customer service—by providing more efficient and responsive systems. From smarter traffic lights to AI-driven chat services for city departments, technology offers practical benefits when applied thoughtfully and with respect for privacy and human connection.

 

Investing in Education from the Ground Up

A strong education system begins with early childhood investment. In Mobile, the gap often starts before kindergarten. Expanding access to preschool is a vital step in ensuring students enter school ready to learn. Additionally, highlighting the success of Mobile’s magnet schools and creating partnerships with employers helps bridge the divide between education and workforce readiness.

 

Optimism, Unity, and Being Present

Personal values of unity and optimism guide this leadership vision. Seeing all individuals as people—regardless of background—and lifting each other up are central tenets. He encourages others to stay present, prioritize what matters, and recognize that growth is a continual journey, whether in family, work, or public service.

This episode of the Herlihy Family Law Podcast offers more than just a glimpse into a political campaign—it presents a blueprint for compassionate leadership rooted in experience, faith, and community values. Whether you’re concerned about public safety, access to opportunity, or the future of Mobile, the insights shared here are both timely and inspiring.

To learn more, subscribe to the Herlihy Family Law Podcast for conversations that connect law, leadership, and community. Visit herlihyfamilylaw.com for additional family law resources. And to follow Spiro Cheriogotis’ campaign or get involved, visit SpiroForMayor.com.

Podcast Episode #8: Business Valuations in Divorce: What You Need to Know with Guest Mike Reibling

Podcast Episode #8: Business Valuations in Divorce: What You Need to Know with Guest Mike Reibling

Podcast Episode #8: Business Valuations in Divorce: What You Need to Know with Guest Mike Reibling

In Episode 8 of Herlihy Family Law, attorney Alison Herlihy is joined by Mike Reibling, a Certified Public Accountant and Certified Valuation Analyst, to explore the role of business valuations in divorce. With extensive experience valuing businesses and other assets for family law cases, Mike offers practical insight into how business interests are assessed, what documents are needed, and how these valuations impact equitable distribution in a divorce.

Why Business Valuations Matter

A business is often one of the most significant assets in a marital estate. Determining its accurate value is essential for ensuring a fair division of assets. Courts rely on these valuations to make informed decisions, especially when one or both spouses have ownership interests in the business.

Credentials That Matter

Not every CPA is equipped to conduct a business valuation. Specialized certifications—such as Certified Valuation Analyst (CVA) and Accredited in Business Valuation (ABV)—indicate specific training and expertise in this area. These designations are critical for credible, court-admissible valuations.

Methods of Valuation

The income approach is most commonly used for privately held businesses. This includes two primary methods:

  • Discounted Future Cash Flows: Projects future earnings and discounts them to present value.
  • Capitalization of Earnings: Uses historical financial data when future performance is expected to remain consistent.

Other valuation methods, like market comparisons, are less effective for small, unique businesses without reliable benchmarks.

Industry Differences and Asset Weighting

Valuations focus heavily on cash flow, making the process relatively industry-agnostic. However, businesses with high-value equipment or tangible assets—like construction companies—may require a blended approach, weighing both income and asset values.

Retirement Assets and Business as Marital Property

When distinguishing marital from non-marital property, factors like the timing of asset acquisition and state-specific laws on goodwill come into play. For example, pre-marital retirement savings and related earnings may be excluded from the marital estate. Similarly, the value of a business may include or exclude “personal goodwill” depending on the judge’s interpretation.

Uncovering Hidden Assets and Red Flags

Delays in producing financial records, excessive management fees, and unusual loans between the owner and the business can signal attempts to hide or undervalue assets. Subpoenas, motions to compel, and detailed forensic accounting can help uncover these issues and ensure full disclosure.

Essential Documents for Valuation

Accurate valuations depend on five years of tax returns, financial statements, and ideally a QuickBooks backup file. These tools allow analysts to run customized reports and conduct deeper financial analysis beyond standard balance sheets or P&Ls.

Business Owner Misconceptions

Many owners assume their business will fund their retirement, but this expectation often exceeds the business’s true value. Additionally, paying oneself an unreasonably low salary can backfire when valuations are adjusted to reflect market-rate compensation for the owner’s role.

Honesty and Early Involvement Are Crucial

The most effective valuations occur when experts are brought in early and when all parties are forthcoming with documentation. Courts take misrepresentation seriously, and undisclosed or inaccurate information can negatively impact the outcome of a case.

Listen to the Full Episode

For more expert insights like these, tune in to the Herlihy Family Law Podcast at herlihyfamilylaw.com/podcast. Visit herlihyfamilylaw.com to learn more about navigating divorce and asset division. To connect with Mike Reibling for a business valuation, visit his website at mrbizvalue.com.