Author: Ladyblogger

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Divorce Law Finance

Divorce and the Division of Debt

(U.S. Family Law and generally) Almost everyone dreams of one day meeting the person that they’ll grow old and die with. Movies like Titanic, Romeo and Juliet and Eternal Sunshine of a Spotless Mind give people hope that a perfect love exists out there for each of us. Unfortunately, individual love stories can end much more abruptly, and sadly, this can leave one or both of the spouses struggling with debt. Most people fail to realize that debt is distributed much like property after a divorce, so it’s important for every individual to recognize the consequences of marital debt prior to ending their nuptials.

Division of Debt after DivorceWhen two people get married, they basically legally become one. This means that the debt that accrue is shared. When the two get divorced, they must distribute this debt in a fair and equitable manner. A few states make the distinction between “community” and “separate” debts. Community debts would be those that each spouse had an equitable share in (ie. mortgage, car loan) while separate debts would be those which were mainly accumulated by one spouse (ie. loan for golf clubs).Community debt, in the applicable states, is divided equally amongst the spouses while they hold onto their own separate debts. In equitable distribution states, however, everything accumulated during marriage, including debt, is divided equitably between the two spouses. The majority of states in the United States handle divorces in this matter.

Consequences of Marital Debt

There are a number of consequences of marital debt after the committed relationship ends. Unfortunately, a person is often left with debts that they now have to pay on just one salary as opposed to two. Even worse, many marriages end with only one spouse having worked throughout the relationship, so the other spouse can be left with huge bills and no means of paying them.

The worst thing that can happen after a divorce, however, can occur once debts are distributed by settlement. The simple fact is that this debt distribution only works if both spouses can be trusted to take the debt seriously. If one spouse chooses not to pay on an owed debt, a creditor isn’t going to care that the marriage is over; they’re just going to want their money from one or both of the former spouses. In the end, this can destroy a person’s credit without them even realizing it.

Avoiding Debt Issues after Divorce

There are several ways to handle debt during a divorce. One of the best ways of doing so is to pay off all debt before filing for divorce. This will ensure that it’s unnecessary to keep up with whether or not an ex-spouse is making proper payments on a shared debt. In addition, divorce settlement negotiations can be used to decide who owes what, but as previously mentioned, this simply places faith in a spouse to keep up with payments.

Unfortunately, many spouses only end up thinking about the shared debt of marriage after it has caused damage to their credit. In these cases, it’s pertinent to speak with a credit repair and counseling agency. Though it may be possible to settle debts on one’s own, a person will usually end up spending much more on a settlement than they need to. Professional companies can work on consolidating, transferring and reducing a person’s overall debt after a divorce.

Divorce is a disheartening time in anyone’s life, and unfortunately, if unprepared, the accumulation of debt can make these times even more difficult than they otherwise would’ve been. Luckily, there are a few surefire methods to decrease, if not eliminate altogether, many of the consequences of marital debt. Just because a person’s marriage is ending doesn’t mean their life has to, and handling marital debt appropriately will ensure this.

Author Catherine Stephens also works as a small business consultant and contributes this article to raise awareness marriage debt. At www.debtpaypro.com you will find one of the largest providers of customer relationship management software systems within the finance industry. These tools are important in helping a credit counseling agency to properly track and negotiate your debt to make certain there are no unresolved issues after the divorce is final.
Categories
Child Support

A Closer Look at Child Support Today

(U. S. Family Law and generally) Child support is an important aspect of the legal system, especially when a couple separates or divorces. After all, it is during these time periods that emotions tend to run extremely high, and that can cause one or both of the parents to shirk their parental responsibilities in lieu of getting a so-called revenge against their former partner or spouse. Therefore, it is necessary for the legal system to impose specific guidelines that determine how much child support must be paid on a monthly basis and which parent is responsible for paying it to ensure that the child’s needs are taken care of.

Abuse of the Child Support System

Unfortunately, not every parent who receives child support utilizes it in an appropriate way. For example, some parents will take the bulk of the money and use it on themselves. When this happens, the child is often left with only the most basic food and a lack of proper clothing and other necessary supplies. Although most parents would never do something like this, it is an issue that some children face, and it is important for the child to receive assistance as soon as possible. In other words, if you are parent who is responsible for paying child support, you need to keep an eye on the situation. If your child is always hungry and wearing old, ill-fitting clothing each time you have visitation, it is a good idea to petition the court to do an assessment of their living situation. This can be especially useful if you desire full custody because improper usage of child support can be construed as the actions of an unfit parent.

Adjusting Child Support

In some cases, it might become necessary to adjust the amount of child support that you are paying. However, the amount that was first set when your divorce was finalized is legally binding. Therefore, it is best to utilize your lawyer in order to file a petition to have the child support amount amended. You will need to have a good reason for your request, however. For example, if your salary has changed dramatically or if you have proof that you ex is not using the money properly, you can ask for a reduction. Unfortunately, not all judges will approve your request. Remember that Riverside County child support laws in California for example, can differ from say child support laws in Dekalb county Georgia. If you use a lawyer, however, your odds of making a strong enough case to receive proper consideration from a judge will be increased.

If you are on the receiving end of the child support and you believe that you are not getting enough money, you can also file a petition with the assistance of a lawyer. Because the child support is based on a formula that considers the amount of children that you have and the annual salary of both you and your ex, you should definitely consider filing a motion if you lose your job or your ex gets a promotion. There is nothing in place that will cause an automatic adjustment to occur if the financial status of one or both of the parents changes, so your only recourse is to ask a judge to increase the child support based on the evidence that you submit.

Regardless of which side of the child support you are on, it is important to do your best to remain civil with your ex. After all, this is not only in the best interests of your children, but it will also help you in front of a judge.

Freelance author Anthony Joseph enjoys writing about the laws that affect children, and contributes this article toward raising awareness on child support issues. The Riverside County child support lawyers from Milligan, Beswick, Levine & Knox, know that these laws can either work for you or against you. They have more than 140 years of combined experience, and know exactly how to provide a successful legal defense.

Categories
Family Law

Road Trip to the Bowl Game: What Your College Student Needs to Know

Road trips are a necessity for fans of college football. When headed out on a road trip to see the big game, many college students consider factors such as beer, gasoline, and more beer, while matters of legal importance are often overlooked. When handled irresponsibly, a road trip can become a legal nightmare for the driver.

Responsible Driving

Road trip safety starts before the vehicle even begins moving. Before embarking on any prolonged journey, the vehicle’s owner should examine the vehicle for any potential safety hazards. In particular, the vehicle owner should examine the seat belts, the turn signals, the lights, the tire pressures, and the condition of the brakes. Ensuring that the vehicle is stocked with a spare tire, jack, road flares, and other emergency supplies is also a prudent decision. Do not overload the vehicle; stuffing a barbecue grill, food, four friends, and luggage into a subcompact car will not make for a safe and enjoyable road trip.

While en route, the vehicle’s occupants should be buckled into their seats and avoid any action that will distract the driver. Motorists who permit passengers to drink alcohol and move freely about the vehicle not only increase the risk of a collision but also reduce the effectiveness of the vehicle’s safety features. Passengers who hang out of the vehicle while the vehicle is in motion may be cited for violating the local vehicle code. The driver should be a sober designated driver rather than the group’s least intoxicated person. The driver must avoid using the cell phone or texting while driving and pay attention to the road.

Overlooked Liability Concerns

Few motorists consider the potential liability that comes with having a passenger on board the vehicle. Accidents are an uncommon event for most drivers and most motorists will only give rides to trusted associates, so why should motorists be concerned? Motorists should be wary of taking additional passengers due to the fact that each passenger is a potential plaintiff in a lawsuit.

In the event of a collision, the party who was at fault in the collision will be liable for the injuries to all parties involved. Most collisions arise due to driver error, but the condition of the vehicle can also be a factor. In the football popular state of Florida, a collision attorney like Steinger, Iscoe & Green will investigate all factors of the accident, but remind clients that if the driver overloaded the vehicle, ignored the condition of the braking system, or lacked proper warnings to other motorists that resulted in a secondary collision, the driver may have contributed to the accident. If the vehicle is heavily loaded or if its braking system is not intact, its braking distance will increase. If the vehicle’s driver is heavily loaded, its braking distance will substantially increase.

An intoxicated passenger can incur an injury even without a vehicle collision. If a motorist fails to supervise his or her passengers and if one of the passengers incurs an injury, the motorist may be at least partially liable for the injury. Many states now utilize rules of pure comparative negligence in negligence cases; a plaintiff may recover some damages even if he or she was 90 percent at fault for the injury. If a driver encourages an inebriated friend to lean out the window or permits fellow students to ride in an exposed truck bed, the driver may be liable for any injuries that result.

Driver negligence comes in many forms, but the effect to the party who committed the tortious act is the same; any injured parties will sue for negligence. Litigating a case across state lines can be very expensive even if the case is dismissed or resolves in the defendant’s favor. College road trips are not an excuse for negligence. The law expects the party who was best situated to prevent the incident to bear the burdens associated with that incident. Being an intoxicated college student is not a defense to negligence.

An avid football fan, Ann Bailey reminds college students of the many factors involved in safe game watching on the road.  The accident attorneys at Steinger, Iscoe & Green apply all of their extensive experience helping their student car accident clients in Florida reclaim their lives and get back to work at school.

Categories
Family Law

Am I Responsible for my Teen’s Traffic Tickets?

Getting a traffic ticket is enough of a hassle when one’s own actions led to the ticket, but it can be even more annoying when a parent’s child gets one of these citations. Like most other things in a teen’s life, a parent is responsible for handling a ticket that their teen gets while driving. It is important for parents to know how to handle these situations both legally and at home. How a parent chooses to handle a teen’s traffic ticket could likely have long lasting effects on how their child behaves behind the wheel.

Legal and Insurance Issues

Teenagers under the age of eighteen will have to get their parent’s consent to have a driver’s license in most states, and this means that the parent becomes responsible for their teen’s actions on the road. There are several issues that can occur when a minor gets a traffic ticket; one of which includes insurance hikes.

A teen’s traffic ticket will not always cause insurance rates to go up; which leaves many parents wondering if they should even report the ticket to their insurer. Many people debate on this issue, but the best answer in most situations is ‘no’. Insurance companies often check the driving records of everyone on a policy yearly, and if a ticket will cause rates to go up, the insurance company will do so at that time. There is no reason for a parent to expedite the process since their rates could rise immediately.

The question also arises of how a teen’s driving record will be affected. Many states have programs set up that allow teenagers to avoid points on their licenses by taking certain driver’s classes. This is often a good idea since it allows the teen to avoid repercussions while also teaching them valuable driver safety rules. It is also a great way to steer clear of court battles that could end up costing more money than they’re worth.

Home Issues

Most parents will understand that their child has made a mistake and try to lessen their potential consequences, but it is also important that the teen learns that further troubles will not be tolerated. The state may suspend a teen’s license if they get several tickets or are ticketed for reckless behavior, but even if they don’t, a parent should consider whether or not revoking their teen’s driving privileges would influence the child to behave more suitably behind the wheel in the future.

Parents are the ones who will face insurance hikes and have to pay a ticket if their teen causes a wreck or is simply given a citation, so it is important that they fully explain the repercussions of dangerous driving to their teens. According to our attorney at , www.miamicaraccidentlawyers.net, the teen should be informed that getting more citations could lead to a suspension of their license and restrictions on driving from their parents. They also need to understand that there are certain laws that are meant for their protection. These laws can include restrictions on how many passengers a teen can have. Explain that these restrictions are only temporary, and that once the teen has proven themselves behind the wheel, the restrictions will eventually be lifted.

Parents always want to be there for their kids, but there comes a time when a teenager is going to need their own transportation without the supervision of their guardians. The best way to handle a teen traffic ticket is to instill the lessons that will prevent the child from getting a ticket in the first place. Parents are their kids’ main models for driving behavior, so the only way a teen is going to behave behind the wheel is if their parent teaches them to.

Bianca Ochoa is a freelance writer and legal researcher with an interest in family law. She is also a contributing author to www.miamicaraccidentlawyers.net, a firm that specializes in finding the best Miami traffic lawyers and matching them with clients who have been in serious car accidents.

Categories
Family Law

DUI’s and Minors – Not a Great Mix

(U.S. Family Law) Many people have felt the repercussions of being arrested after drinking a little too much before driving somewhere. Driving under the influence (DUI) is a dangerous crime that puts people’s lives in danger, and most states treat it with a severity equal to the risk it presents. Anyone convicted of DUI faces harsh consequences, but when it is a minor that is pulled over after drinking, the penalties can be even more severe. A person under the age of twenty-one may face several more consequences than a person who is of age if pulled over for a DUI, and they do not even have to be considered legally drunk.

Lower Blood Alcohol Content

Several years ago the United States Government threatened to pull federal highway funding from states that did not pass laws making it illegal for a person with a blood alcohol content (BAC) of .08 percent to drive a vehicle. This began a domino effect that eventually led to .08 being the legal BAC percentage in every state in America. This means that a person over the age of twenty-one is considered legally drunk and unable to safely operate a motor vehicle when they reach a BAC of .08. This rule, however, does not apply to minors.

According to our Merced dui attorney, due to the fact that underage drinking is illegal in all states, the legal alcohol limit for minors who are driving is much lower. Many states have set a legal BAC limit of .02 percent for a minor to be considered driving under the influence. Some states have even passed laws making any detectable amount of alcohol in a minor’s system enough to arrest them for DUI. Considering the fact that a two hundred pound male will blow about a .09 after drinking five beers in an hour, this makes a minor’s chance of receiving a DUI charge exceptionally higher.

Underage DUI Criminal Penalties

There are several criminal penalties related to receiving a DUI charge as a minor. These penalties vary greatly state to state, but they are all severe. The fine a minor can get for their behavior can range anywhere from one hundred to nearly three thousand dollars. The courts usually also require at least a month of community service and participation in an alcohol awareness class.

Fines and community service, however, are not what an underage drinker should be most worried about. They can actually face up to a year in jail, even if there were no injuries or accidents related to the crime. If someone was harmed or killed because of the drinking and driving, the penalties will be far more severe. Most minors also face a few years of probation after a conviction.

Other Repercussions

Fines, community service and possible jail time are not where an underage drinker’s problems end. The car involved will also likely be impounded, which will end up costing at least another few hundred dollars to get back. The minor will also likely lose their license anywhere from three months to three years.

The big issue with underage drinking and driving is the possibility of further charges. An underage person who drinks is breaking the law even if they’re not driving. This can lead to further charges such as alcohol possession by a minor and even child endangerment. These additional charges can significantly increase the minor’s penalties.

Drinking and driving is a bad idea at any age, but doing so as a minor is flat out reckless. A DUI charge can give an underage person several charges related to the one instance. These charges will follow them for the rest of their lives if convicted. The loss of their license will obviously affect their social and employment life as well. There is absolutely no good reason for anyone, especially a minor, to drink and drive.

Anthony Joseph is a freelance writer, and also a contributing author for Terry A. Wapner, Esquire. A well known Merced DUI attorney, Mr. Wapner’s techniques for creating defense theories, and also his cross-examination of police officers and prosecution witnesses, have proven to be incredibly effective for his clients.

Categories
Family Law

Teen Parties in Your Home: What You Need to Know

Entertaining your teen’s friends in your home can be a great way to keep a close eye on your child. You get to be the fun parent that allows your teen a place to party with their friends. Now, while it sounds like an ideal option to keep your kid home on the weekends, there are some serious liabilities that you face when your home is opened up to partying teens. As a responsible parent, entertaining teens can be easy, fun, and safe, but is important to remember that anytime you have people on your property there is potential liability. Teens create a special liability because the law expects adults to maintain a reasonably safe environment with some level of supervision.

Drunk-Driving Accomplice

One of the things people forget about personal liability is that your responsibility might not end when a partygoer leaves. If a teen has been drinking at your home, especially if you provided the alcohol, whether or not it was meant for their consumption, and they injure someone while driving home, you could be held liable for the damages to both parties. The law would consider you a “social host,” and therefore, you could be considered liable. You can avoid this issue by ensuring that you have no alcohol in your home if you are going to entertain teenagers. There have been cases where a parent, trying to be “cool,” provides the drinks for a teen party and ends up facing financial liability and prison time for being a party to a drunk-driving accident.

Let’s Get Ready to Rumble

Some teen parties end with people fighting. Teens are notorious for their drama and jealousy. If a fight happens in your home, and someone ends up injured, the law might hold you financially accountable. According to www.personalinjurylawyersny.net, if a court finds that you should have provided more supervision, you could have a personal injury judgment on your hands. This can cause your insurance rates to increases substantially. It is best that you be there so you can quell any confrontations before they get dangerous.

Accidental Injuries

Parties are meant to be a good time. Swimming pools and playground equipment can enhance a party, but they also enhance your personal liability. Now, the law does not expect any party host to be 100% responsible for the behavior of their party guests. However, when teenagers are involved, the law does expect there to be an appropriate level of supervision.

What is an appropriate level of supervision? Well, that all depends. If the teens are older, such as 18 or 19, the level of supervision can be minimal. These are adults, and the law expects them to use ordinary care in their lives. If they are 13-17 years old, however, it is best to use caution and provide full supervision while they are in your home.

Personal liability should not stop you from having parties if that is what you enjoy. However, some simple precautions can save you a lot of financial and legal trouble. Be aware of who is there and keep the party size to a minimum. If there are troublemakers, get them off your property. You can entertain, have fun, and protect yourself all at the same time.

Anthony Joseph is a contributing author for www.personalinjurylawyersny.net, a site which provides information to injured victims who have been in accidents.  You can have access to personal injury attorneys and legal professionals in the New York area, and receive information needed to pursue compensation for your injuries.

Categories
Family Law

Life Consequences After a DUI

Most people understand that a DUI is a serious conviction. It’s socially stigmatizing, and it will have long term effects on your driving, insurance and even employment. As such, it’s important to know what you might be up for if you expose yourself to a DWI conviction, or have already plead guilty.

Loss of a License

The most common punishment for DUI is a severe fine, but many states like to up the ante by removing your right to drive entirely. Whether by putting a large number of “points” on your license or by revoking it automatically, most states keep you from driving after a DWI. This is because preventing you from legally driving at all will make it difficult for you to drive drunk and get away with it, and also because unlicensed driving statutes are notoriously harsh. Jail time, impounding of the vehicle and painful fines will be put up to keep you from driving, and many states will require you to inform them of any and all cars you might drive so that police can keep a lookout and catch you the moment you try to drive unlicensed.

Increased Insurance Rates

According to Tenn and Tenn, our New Hampshire dwi attorney, f you are convicted of driving while intoxicated, your car insurance rates are guaranteed to go up. Drunk driving is not only inherently dangerous, it shows your insurance company that you are making bad decisions and exposing them to severe financial risk. Even insurance companies that don’t cover damage done to or by drunk driving incidents will nonetheless increase their rates because they believe you can’t be trusted to drive responsibly. Health and life insurance rates may also be increased, because drunk driving is a very dangerous activity and so it exposes those insurance companies to medical bills and death benefits they did not previously have to worry about.

Employment Problems

Most people think that the only way a DWI conviction can keep them from getting a job would be that it would keep them from getting to work if their license was taken away. However, most employers now check the backgrounds of existing and future employees whenever they need to be evaluated, and a DWI conviction may result in not being hired or worse – being fired. This is because drunk driving shows that one lacks the ability to plan ahead and prevent severe consequences from coming up. As such, most companies do not want to hire someone with a DWI conviction, because they believe such a person is too risky to be trusted with company responsibilities and secrets. This is of course much worse for persons who will be expected to drive as part of their employment. Truck and bus drivers will get it the worst, because they are expected to drive responsibly in public.

The best way to avoid a DWI conviction is to not drink and drive in the first place. If you have been drinking, be sure to have a way home. If you think you are impaired, you most certainly are, and should stop driving. If all else fails, get off the road and out of your vehicle, and even think about calling an attorney if you are stuck and can’t drive out of the situation.

Anthony Joseph is a blogger and contributing writer for the law offices of Tenn and Tenn. Since 1951, they have been committed to providing the highest level of client service and trial advocacy. The hallmarks of their strategy include listening to their clients and understanding their objectives, with attention to detail.

Categories
Family Law

What To Do When Your Teen Gets a DUI

Learning to drive is one of the defining moments in the journey from adolescence to adulthood. While driving can be a rewarding experience for many young adults, it can be difficult for some younger people to understand the risks associated with driving. In some cases, poor judgement can result in a driving while intoxicated (DWI) charge. While it’s a good idea to contact an attorney if a teenager gets charged with an alcohol-related moving offence, there are several steps a parent can take to reduce the consequences of a DWI.

Teaching Proper Responsibility

  • The best way to avoid problems is by teaching a teenager about responsibility. Since many teenagers don’t think about the consequences of their actions, they will often take risks that could result in harm to themselves and other people. This isn’t just limited to DWIs; it can also include speeding, reckless driving and more.
  • It’s a good idea to have an accountability system for teenagers with their own vehicle. Instead of letting teenagers have full control of their vehicle, it’s important to set curfews. For example, teenagers drink alcohol in the evening or late at night. Because of this, these hours can be the most likely time a teenager will find himself or herself behind the wheel while intoxicated.
  • Teenagers should not be allowed to drive after 9 PM unless they are going to a school event, religious event or other approved activity. If teenagers are going to a party, it’s important to make sure they won’t be drinking and driving. If they will be drinking at a party, it’s important to make sure they spend the night at the host’s home.
  • It’s also important to make sure that teenagers have an open line of communication with their parents. Many teenagers will feel ashamed about underage drinking. Instead of calling their parents for a ride, some teenagers will risk driving under the influence.
  • Let teenagers know that while underage drinking isn’t good, DWI is much worse. Tell them that they can always get a ride from their parents if they have been drinking, regardless of the time. It’s also important to not shame or punish teenagers if they ask for a ride; instead, try to figure out a way to avoid these types of situations in the future.

Teaching Teenagers About Consequences

  • Our New Jersey DWI lawyer reminds us that very year, almost 30,000 people are killed in automotive-related accidents in the United States. Many of these accidents involve the use of alcohol.
  • It’s a good idea for teenagers to see the brutal consequences of a DUI-related crash. There are many websites that host disturbing photos and videos of vehicle accidents. Try finding an extremely brutal video or photo of a DUI-related crash. While accident videos with severe physical trauma or death can be disturbing, they can help children understand the harsh reality of driving. Operating a multi-ton vehicle at highway speeds can be extremely dangerous.

After the Fact

If a teenager does have a DWI, it’s important to contact a lawyer as soon as possible. He or she can help teenagers and their parents negotiate down a DWI charge. There are some consequences that may be avoided by having the right defense at the right time.

Anthony Joseph studies legal subjects in his spare time, and is a contributing author for the law office of Evan M. Levow, a New Jersey DWI lawyer. Mr. Levow is a lawyer who exclusively practices DWI defense throughout every court in the state of new jersey. He has qualifications that no other attorney in this State shares, and he knows what it takes to properly defend you.

Categories
Family Law

Juvenile Hit and Run: Are the Parents Liable?

Increasingly, the largest proportion of persons who engage in hit and run accidents are not the oldest but the youngest drivers. This is because new drivers are the most likely to be involved in accidents, both because they are the least experienced and because they are generally overconfident. Combine this with a desire not to let their parents (or the police) find out about the accident and it’s no wonder that so many teens choose to flee the accident and turn one problem into two. As such, many parents worry that they will be held liable for the misdeeds and accidents of their children.

Can Parents Be Held Liable for Juvenile Hit and Run?

In a word, no. Unless the parent played an active role in causing the hit and run, such as demanding that the driver flee the scene, they cannot be held liable. Whatever one’s personal stance on personal liability, American courts have refused to hold parents liable for the actions of their children unless they have ordered, coerced or demanded that the children take such an action. As such, if your child is involved in a hit and run accident, especially if he or she tries to hide it from you or lies about its occurrence, then it is almost certain that you cannot be held liable.

What Can I Do To Prevent It?

Your only option to protect your son or daughter from getting caught in this sort of situation is to convince them that they should take pains to avoid it. Teach your children not only to drive responsibly, but to stop at any accidents they are involved in and exchange information instead of trying to flee. For example, any Atlanta injury lawyer will tell you that the strongest factor indicating guilt in most auto accidents is an attempt to flee the scene, especially if police officers have arrived or the accident is particularly grievous in nature. As such, knowing to keep calm while not admitting guilt or trying to flee is important for any driver in such a situation.

What if it happens?

If any of your children are involved in a hit and run, it’s important to consult the best attorney for you such as one that specializes in Atlanta auto accident legal help. A hit and run is a serious crime and can result in the loss of a license, massively increased insurance rates, and even high fines and jail time if there are significant injuries. Running away is also often seen as an admission of guilt, and so even if your son or daughter was not responsible for the accident, the injured party may try (sometimes even successfully) to force them to pay for all resulting damages and injuries because they attempted to flee. As such, not attempting to flee and not admitting guilt is important, and in the event of any serious auto accident (especially one with physical injuries) you should seek legal protection as soon as charges are filed.Car accidents are inherently scary and they are all the more frightening for young drivers. Teenagers are very emotional people with limited experience in the world, and as such they are likely to panic when faced with an unexpected situation where they may fear punishment or injury. As such, training and preparing your children ahead of time won’t just help them avoid accidents, it will help keep them from turning one problem into two by running away from one.

Molly Henshaw is a law student and freelance writer. She is also a contributing author for the Atlanta law firm of Buddoo & Associates. Finding the right attorney is essential after an accident to help protect your children’s rights!
Categories
Domestic Violence

Wrongfully Accused Of Domestic Violence? 5 Things You Need To Know

Domestic violence is a serious problem in the United States. Several high profile murder cases have shown what unreported domestic violence can lead to. Unfortunately, there are those who will make false domestic violence allegations against another person in order to have ammunition in custody battles or even just to punish someone for a real or imagined slight. Sadly, the court system is not properly set up to handle those unjustly accused of domestic violence, so many innocent people face harsh consequences. Knowledge will give anyone an advantage in court, so there are five specific things a person should know when wrongfully accused of domestic violence.

1. Custody Issue

Many people will be tempted to take a plea deal to get out of jail quickly. This is a terrible idea, especially if a person has children. A protective order will likely be issued for the accuser and their children, which will already take time away from the accused parent. The big issue is that a domestic violence conviction can be used against a person in a child custody case. If a court has the choice between two parents, one of whom has a domestic violence conviction, the court is likely to side with the accuser.

2. Housing Issues

Even if a person hasn’t been convicted, the false accuser will have exclusive use of the couple’s home. This means an accused person cannot go to the house until the court gives them permission, even if the home is solely in their name. A person must contact police to have an officer escort them to the home if they want to remove any of their belongings.

3. No Physical Contact Necessary

Many people believe that they must physically touch someone for a domestic violence charge to stick. This leaves many people sitting in jail when they choose to represent themselves or use an overworked public defender. Domestic violence can consist of an assault on a spouse. Assault is defined as the threat of harm with the actual ability to cause it. According to Katz & Phillips, with so many nuances in domestic violence issues an Orlando criminal defense lawyer can help you navigate the pitfalls inherent in a domestic violence case. When charges can be brought based solely on a significant other claiming that they felt threatened, it is nothing to be taken lightly.

4. Keep Track of any Communication from Accuser

There are times when an accuser may contact their spouse and want to meet up with them. All domestic violence cases bring with them an automatic restraining order, so under no circumstances should this be done, even if the two have completely resolved their issues. This may also be a clever ploy to have the accused violate their restraining order. There is still a criminal case which must be considered. A person should keep record of any calls, texts or emails where the accuser requests a meeting. This will show the court that the accuser is not in actual fear for their own safety.

5. Anger Management

Courts will often sentence a person to anger management classes if they are convicted of domestic violence. These classes must be completed even if a person reconciles with their false accuser. The state will not provide these classes free of charge, so it will become another unfair burden on the wrongly accused. This is just another portion of money that a person will lose if convicted, so it is very important to find an Orlando criminal attorney who can handle the case. Facing a domestic violence charge alone or with a mediocre lawyer is the best way for a person wrongly accused of domestic violence to face consequences that they don’t deserve.

False domestic violence allegations have the same consequences as an actual domestic abuse case. These charges should never be taken lightly due to the fact that a conviction will most likely have permanent negative effects on a person’s life. An experienced and knowledgeable lawyer should be hired as soon as possible. The cost of a lawyer is nothing compared to the consequences that a conviction brings with it.

Molly Henshaw is a freelance writer and law student living in the DC metro area. She is also a contributing author for the defense team of Katz & Phillips. It is essential to consult an attorney and be aware of all of your rights!

Categories
Child Custody

Top Factors To Consider In US Child Custody Litigation

If you’re facing a divorce and you legally share a child or children with your spouse, you may already be dealing with a variety of legal issues. Many times, the process of divorce brings along with it questions regarding property division, financial responsibility and future asset obligations; however, one of the most important and difficult issues to deal with is that of child custody after a marriage has been dissolved. Before you begin the process of divorce with children involved, here are some factors to consider:

1.) Financial Means

Raising a child with two parents can be difficult enough, but when that responsibility falls on one parent or the other individually, the stress can be magnified. When considering the amount of custody you would like or can handle, it’s important to consider the income-to-expenditure ratio you and your spouse can offer in order to provide the best life for your child or children. If you feel that you may not be able to provide completely for your child or children as a single parent, you may need to consider shared custody and child support options in the future.

2.) Personal Responsibility

Along with your financial means, you should also consider the personal and social obligations that come along with child custody arrangements and parenting. Are you working late into the night each workday? Is your spouse able to offer adequate family time for your child? You may want to write out a schedule of your typical week in order to get a good, overall picture of exactly how much time you and your spouse will be able to devote to your parenting obligations. This can be done using a chart or a software program, and it may help you and your spouse to determine exactly how much custody each parent can handle versus how much each parent may be willing to give up.

3.) Family Life

While it goes without saying, being a parent means being able to raise a child in a mature, loving household. Unfortunately, you may be seeking a divorce because their spouse is not able to provide a warm, loving household, or they may have trouble with anger, drinking, drugs or other potential hazards. In some cases, abuse and neglect may even be taking place, and if these are the reasons for your divorce or custody concerns, then you need to factor in your spouse’s actions and attitudes when seeking custody arrangements. If needed, you may find yourself involving an attorney, the Department of Social Services and law enforcement agencies in making your custody decisions and arrangements.

4.) Seek Out an Attorney

If you find that you are having a difficult time deciding upon child custody arrangements, then you will want to seek out the best divorce attorney for you. A divorce lawyer can assist you with all facets of child custody, including the percentage of custody you should be seeking, visitation arrangements and more.  Consult the best divorce attorney for you and your location, such as an Orlando divorce lawyer if you live in the greater Orlando area; a local attorney will be aware of any specific jurisdictional procedures.

When you work with a divorce attorney, you can also receive expert advice regarding child support payments, alimony payments and visitation rights during shared custody. Additionally,  can represent you in court during your divorce proceedings, allowing you to concentrate on taking care of your child or children. To find such attorneys, you may want to use the Internet, or you can search through your local phonebook.

Molly Henshaw is a freelance writer living in the DC metro area. She is also a contributing author for the divorce team of Katz & Phillips. Consulting a third party professional is essential when dealing with the divorce process!