Category: Family Law

Family law news and intelligence from family lawyers and family law professionals.

Categories
Family Law

Facebook and Divorce – Think before you post it

Using Facebook during a divorce carries a risk that you will post information that can be used against you during the proceedings.

If you are in the middle of a divorce, or are seriously considering filing for one, you should take a few moments to reflect on your relationship with some of your friends. Particularly your relationship with Facebook, as it may not prove to be much of a friend during your divorce.

For many people, Facebook and other types of social media, such as Twitter, are an essential part of communicating with your friends and family. You post important information and pictures, view posts from your friends, and use it as a means of tying together that network of competing interests and friends, many you may never have even seen since school

Permanent record

But you also do something else. You create a permanent record of your life in a timeline that can be seen by all. Unlike a text or an e-mail that can be deleted after the event, a facebook or Twitter post is there to stay and things said in the heat of the moment could come back to haunt you.

The immediacy of social media produces an unedited version of everything.

Think before you post.

Only think of it this way, “Anything you post on Facebook can and will be used against you in a divorce court.” A stupid post or tweet, made when you are upset, takes on a life of its own, and once the genie is out of the bottle, you may never be able to get it back in.

Something as innocent as pictures from a holiday or fancy dinner with your new “friend” could later be used to damage your credibility when it comes to issues of maintenance, child residence or the division of marital property. How many times have people been caught out saying they are broke, only to find they have posted pictures of themselves on a 5 star Caribbean beach holiday a few weeks before a final hearing. Evidence like that is going to go down a treat with a Judge, and it won’t be in your favour.

Think before you post

If you feel you must maintain your social media presence during a divorce, take a moment before you post to consider how it would look projected on a cinema screen for all and sundry to see and imagine the impression a casual viewer would get , before you press the submit button.

A recent survey in 2009 by Texas based divorce website Divorce-Online found that as many as 1 in 4 of petitions flowing through their systems had mentioned the word Facebook, highlighting, perhaps the ubiquitous nature of the platform to interject itself in our ever day lives.

Mark Keenan writes on subjects such as divorce and the effects of Social media

Categories
Child Custody Family Law

Hazardous Playgrounds: Can My Ex Take My Child There?

Playground Hazardous Playgrounds: Can My Ex Take My Child There?

In any marriage, parents will have different ideas about properly raising children. These disputes regarding parenting styles continue after couples divorce. Some parents will be more permissive to the point of ignoring a hazardous environment, such as an old and battered playground. When one parent is irresponsible with the child’s safety, the other parent should be motivated to take action.

Criminal Penalties

Criminal sanctions for taking a child to a playground are usually not possible. Child endangerment statutes vary between jurisdictions, but generally, there has to be intent to place the child into a dangerous situation. California law requires criminal negligence, which is a much higher standard than ordinary negligence. Taking a child to a playground that has peeling paint or the occasional sharp edge would probably not meet this standard.

If the parent is taking the child along to meet with drug dealers at the local playground, discussing the situation with the local police may be prudent. In practice, getting the police to file charges and getting the prosecutor to pursue the case can be difficult.

Custody Dispute

Divorcing parents have a high probability of being involved in a dispute over joint custody. In most states, custody decisions are made by the courts. Judges can modify custody arrangements at their discretion in most jurisdictions. While a parent may not be criminally liable for bringing a child to a hazardous playground, a judge can set conditions on the parent’s custody.

Endangering the child by taking him or her to a hazardous location may not constitute criminal liability, but it can sway a judge. The court can either order the parent to not bring the child to that location or modify the parent’s right to custody. Parents often raise trivial issues during custody disputes, so the judge will want proof that the playground is actually dangerous. Showing evidence of blatant criminal activity, drug usage, and other serious safety problems can sway the judge.

Liability

In the event of an injury, our Charleston personal injury attorney adviser points out that a property owner who fails to maintain the property may be liable. If the property had hidden defects, such as rusted or sharp equipment, the property owner must either warn guests or repair the defect. Failing to do so constitutes a breach of the property owner’s duty of care, and may make the property owner liable for negligence. A playground is likely to be in a public park or school. Thus, the city would be liable for failing to maintain its facilities.

Filing a lawsuit against the spouse for the same cause of action is also possible. The guardian has a duty to care for the child, and taking the child to a hazardous location may constitute a breach of that duty. If the plaintiff can show that the playground was actually dangerous, then the parent may sue on behalf of the child as his or her legal guardian. Lawsuits are expensive. Additionally, lawsuits will cement an adversarial relationship between the parties, which can have detrimental effects on the way that the child views one or both parents. Thus, parents should view a lawsuit as a last result.

Divorced parents will often disagree with one another. Parents who have disputes over where the adult should take the child should first discuss the issue with the other parent. Failing that, modifying the custody agreement may be possible. Parents do not have the right to endanger their children simply because they have custody at the moment.

Ann Bailey is a parent and contributor for research about playground safety. She adds this report highlighting work that can be done by lawyers like the Charleston personal injury attorney firm of Howell and Christmas, a U.S. group offering clients help and protection in litigation and compensation for instances of child injury or death.

 

Categories
Family Law

Can a Parent Waive Their Child’s Right to Sue?

Most people are aware of the fact that they may not be able to sue for a personal injury if they sign away their rights on a waiver. This often occurs if an adult is getting a tattoo or taking part in an inherently risky activity such as skydiving. The law becomes grayer in this area when it comes to minors. Minors cannot enter a legally binding contract in most instances, but that doesn’t necessarily mean that a parent can sign a contractual waiver on behalf of their children. The law is extremely complicated in this instance, so it is all the more important that parents understand exactly how these laws affect them and their children. 

Can a Parent Waive Their Child’s Right to Sue?

The answer as to whether or not a parent can waive their child’s right to sue is a resounding ‘no’ in some instances and a reluctant ‘yes’ in others. Our injury lawyer New York firm indicates that most states uphold a minor’s right to seek damages in personal injury situations and will not consider waivers signed by parents as a relinquishment of these rights.

There was a recent case in New Jersey where a twelve-year-old boy’s parents signed a waiver releasing a skate park from liability if the boy was injured. The minor was subsequently injured and had to undergo two surgeries, but the courts found that the boy could still file suit since his parents didn’t have legal grounding to sign away his rights. This does not mean, however, that a parent never has legal grounding to sign away this right.

Several courts throughout the country have recognized certain exceptions in relation to the signing of waivers. These exceptions usually relate to schools, community based organizations and non-profit organizations. These community programs often have minimal resources and would likely not be able to continue functioning if they frequently faced personal injury lawsuits. Since these programs are deemed necessary for a community’s enrichment, they are a common exemption to rules regarding waivers and minors. Parents also have the right to sign waivers when it comes to their child’s medical care for the same reason.

What Happens If a Parent Waives Their Child’s Rights?

In instances where parents can legally sign away their child’s rights, such as within community organizations, the child or parent will have no recourse for legal compensation. A Florida appeals court, for instance, found that a mother who had signed a waiver had no grounds to sue her son’s school after he was injured participating in a school sponsored fire rescue program. The court concluded that this school activity fell under a common exception which allows parents to sign away their child’s right to litigation.

When a parent signs a waiver that isn’t related to one of the aforementioned community organizations, the waiver is virtually void when it comes to a minor’s litigation rights. Several companies, however, have recently smartened up and included an ‘arbitration clause’ within their waivers. These arbitration clauses mean that even if the parent cannot legally sign away their child’s rights to recovery, a company can require that the matter be handled through methods other than court litigation if specified in their waiver. The New Jersey court that heard the aforementioned skate park dispute found that an arbitration clause did not violate the minor’s right to file a claim; it simply provided an alternative forum.

Whether or not a parent has legal standing to sign away a minor’s right to seek damages for a personal injury is one of the most complex areas of contractual law. It becomes obvious that there are certain situations, such as in a school setting, where these releases are necessary to allow an educational institution to create a hands-on learning environment without facing legal recourse. In most cases, however, parents don’t have the legal right to sign away their child’s right to recompense, so many waivers signed by parents have minimal effect in the real world.

Author Georgina Clatworthy is a former legal blog editor and contributes this post for The Perecman Firm, an injury lawyer New York group which provides experienced legal counsel for those dealing with personal injuries.  They understand the pain and distress injury cases involving children can bring and work with their clients to ensure their rights are protected.

Categories
Family Law

Creating A Child Custody Agreement With Family Law Lawyers In Melbourne

Going through a divorce is a highly emotional time, made even more so when it is complicated by the presence of children. Whilst the father is often happy to give the mother custody of his offspring with regular visitation rights, the situation will sometimes arise when both parents believe that they are the only one who is fit to have custody of their kids. This is why custody agreements are often the most difficult part of a divorce proceeding and why you should seek advice from a top divorce  lawyer in Melbourne.

Whilst the decision regarding custody can be made all the more easier if there have been circumstances of neglect or abuse, this is actually a fairly rare situation for lawyers to find themselves in. Instead, there are four types of custody that you can file for; your family law lawyer will be able to advise you as to which type you should be seeking, as well as your likelihood of success.

  •  Physical custody refers to a situation in which the children will live with you. Your ex partner might still have visitation rights (a night or a weekend), but their primary residence is with you.
  • Legal custody refers to which parent has a say in the care, education, medical requirements and religious beliefs of the children. In most cases, both parents share this area.
  • Joint custody refers to both parents getting to spend an equal amount of time with their children. This can be very difficult if the parents live far away from each other, as it really disrupts the child’s routine.
  • Sole custody refers to one parent having full custody of the couple’s children, most often because the court has found the other parent to be unfit. The other parent may still apply for visitation rights.

If you believe that your ex partner is unfit to provide a safe living environment for the children that you share with them, speaking to a family law lawyer in Melbourne should be your first move. Your lawyer will be able to assist you in fighting the courts for the type of custody that you are seeking, as well as gather witnesses and other evidence that can help you to argue your case. It is a good idea to contact a family lawyer even if you aren’t sure what your ex partner’s intentions may be regarding custody, as it is always good to know your rights.

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
Children Family Law

How The Health Care Law Frees Your Young Adult Children From Bad Jobs

(US law) The Employment Scene for Younger Workers

Unemployment is a major problem for younger Americans. The unemployment rate has risen by nearly 5 percent over the last ten years for those in the 20-24 age bracket. There have also been increases for other age brackets in the wake of the Great Recession, but the youngest workers are suffering to a larger degree than those workers of other ages. The unemployment rate for 2011 was over 14 percent for those aged 20-24 years.

Many people who are not included in the unemployment numbers are actually still in what would be considered the underemployed category. This includes those people who are employed below their level of education or experience as well as those who are working less than a full-time schedule. If the number of underemployed were added to the unemployed numbers for those who are under 25, the number would be even more disconcerting.

 

Why Do Younger Adults Often Stay in Bad Jobs?

Some of the major employers in the fast food and retail sectors that provide jobs for the underemployed young adults of America provide some benefits for their employees. These are frequently not ideal jobs that allow younger adults to take advantage of their educations or talents, nor do they provide the income that is necessary to achieve the independence desired by these young people and their parents. Many of these employees stay in what some would consider to be dead-end jobs, and their parents’ houses, because of the benefits. One of the most important benefits that a job can provide is health insurance.

There are a few reasons why workers might want to keep the insurance a job provides, in spite of the employment itself providing little in the way of advancement or the cultivation of useful experience. Some of these individuals have medical conditions that they would not be able to manage without employer-sponsored insurance. Insurance for those with preexisting conditions is frequently unavailable, or, if it is available, it is cost-prohibitive. The self-employed also have to pay more than those who are in group plans. A gap in insurance coverage could lead to costly medical bills, and insurance companies would not be required to pay for any illnesses developed during the gap. Those who are self-employed are forced to pay higher premiums for the same coverage. All of these facts can discourage young adults from taking any employment risks, and keep them in unfruitful occupations.

 

How Can the New Health Care Law Help Young Workers?

The Affordable Care Act, more commonly known as Obamacare, promises to alleviate some of these concerns. Younger workers will see some benefits after the new program is implemented that could help their economic and employment options greatly.

Younger workers can now stay on their parent’s insurance until age 26. Some complain that this encourages increased dependence. This would not necessarily be the case. Those who could not afford a break in coverage previously can now have insurance while taking a job in their field that may not offer benefits. These workers could then get beneficial experience in their profession that would have otherwise been spent in a non-related service industry.

More employers are likely to provide insurance. With the tax penalties that will result if insurance is not offered, young workers are more likely to have insurance while working for employers that can advance their careers. They will not be pigeonholed into keeping jobs that do not reflect their interest or expertise merely because they need the benefits.

One final benefit that Obamacare provides that will help free young workers from bad jobs is the end of restrictions based upon preexisting medical conditions. Those with an entrepreneurial spirit will be more likely to strike out on their own and start their own business or try to invent the next big thing because the fear of being uninsurable will be gone. All of society could benefit from this provision. While there are many people who complain about some of the provisions of the bill, younger workers could benefit more than most.

Categories
Child Custody Children Family Law

The Legal Implications of Child Custody During Divorce

(US law and generally) No doubt, the greatest victims of divorce are the children. The impact of a custody decision on a child’s mental and physical health is enormous. Disturbances in the parent / child relationship cause depression, anxiety, antisocial behavior, and may impair the child’s ability to form healthy relationships as an adult. Notable studies (Brook, Zheng, Whiteman, & Brook, 2001) have unequivocally linked angry parenting practices with the expression of anger and aggression in very young children.

There is a persistent and harmful misconception that joint custody predictably provides better long-term outcomes for children of divorce. It is well documented through years of scientific research that actual custodial arrangements are secondary to other issues. Instead, the greatest factors influencing child adjustment are the levels of parental conflict and the quality of parenting that the child receives.

Complex Child Custody Laws Require Effective Legal Assistance

Although child custody laws vary from state to state, most integrate a similar list of statutory factors that assist judges in performing a comparative fitness analysis. While consideration of these factors is mandatory, judges are given great leeway in decision-making. With this in mind, it becomes imperative to realize that bitter parents who litigate child custody often get distracted hurling accusations against each other.

This scenario provides very little useful information to the presiding judge, who needs to know which parent is the best suited for custodial status. While it is certainly necessary to point out negative factors and justifiable reasons for limiting visitation or decision-making authority, it is also crucial to give the judge positive information he or she can use.

Delays in the case are damaging for children and should be avoided. The American Bar Association advises judges and attorneys that, “When litigation proceeds at what attorneys and judges regard as a normal pace, children often perceive the proceedings as extending for vast and infinite periods. The passage of time is magnified for children in both anxiety levels and direct effect.”

Gender Bias

With the abolishment of the Tender Years Doctrine, a new presumption that favors gender neutrality is indicated in most state statues. Nevertheless, there is no doubt that perceived gender bias still exists in our family court system. Sometimes this bias is against the mother, especially if she works full time or becomes labeled an over protective parent. Fathers may experience the same frustration when the child is young and he has had limited involvement in day-to-day care.

Divorce and child custody issues cause a tremendous amount of financial and emotional stress, igniting volatile battles between the sexes outside the courtroom too. Political action groups advocate for the constitutional rights of both mothers and fathers, frequently ignoring the fact that the law requires the child’s best interests to be paramount to that of either parent.

Implications for the Future

Divorce and child custody issues are vulnerable to trends that favor public opinion. The law today is substantially different than it was twenty years ago. The way that law is practiced is also changing. The hardball litigation tactics used by older generations are being gradually replaced with a preference for negotiating child custody cases when possible.

In fact, only a minority of cases proceed to trial. These will typically involve complicated issues such as domestic abuse, child neglect or a personality-disorder parent. The National Council of Juvenile and Family Court Judges publishes a bench guide for assessing safety in these situations and offers recommendations for developing a plan that works.

Categories
Family Law

Latest care demand statistics – guest post from UK family lawyers

The latest figures released by the Children and Family Court Advisory and Support Service (Cafcass) have revealed that care application demand continues to remain at a very high level.

There were a total of 4,489 applications made to Cafcass during the period April to August 2012, which is an increase of 8.5% over the same period last year.

Every month of this financial year has seen the highest number of applications ever received for that month, with the exception of June. May 2012 saw the highest number of care applications (982) ever made to Cafcass in a single month.

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 Uncategorized

Restraining Order Violations

(US family law and generally) Restraining orders are basically official legal notices that are meant to keep people apart. Most restraining orders are issued to individuals in order to keep them from having contact with other individuals, but in some cases, a restraining order can be issued to a group to keep all of its members from having contact with a specific individual or group.

Types of Restraining Orders

While all restraining orders are meant to separate people from contact with certain others, there are a variety of types of restraining orders. The most common type of restraining order is considered official and time restrained, meaning all parties have been notified of the terms of the order, and neither party can violate such terms within a given period of time. However, a temporary restraining order can be granted even if both parties are not aware of the order. An example of this may be when one party feels threatened and the other party cannot be located. These types of orders are usually granted on an emergency basis when a life is being threatened.

Penalties for Violating a Restraining Order

If you have been issued a restraining order, violating it may come with severe consequences. In most cases, violating a restraining order can result in jail time, fines and other penalties. If you happen to be on probation from another criminal conviction when found in violation of a restraining order, you may also face penalties from your original conviction in conjunction with penalties from violating your restraining order. Typically, the penalties for violating an official restraining order range from jail time to severe fines that can reach into the thousands of dollars.

Violating Your Own Restraining Order

At times, it is possible to violate your own restraining order, and thus, you yourself may be facing charges. Keep in mind that a restraining order is issued through a local, state or federal law enforcement office, and so all parties must abide by the terms. If you have sought out a restraining order against someone, and then you make contact, you run the risk of being found guilty of violating the order yourself. Our Charlotte criminal defense attorney warns that if you have brought forward a restraining order complaint, you cannot make contact with the person to whom the order has been issued against unless you want to face criminal charges yourself.

Defend Yourself

If you are facing charges for violating a restraining order, or if you have inadvertently violated a restraining order that you sought out yourself, you may need to partner with criminal defense attorney. A criminal defense attorney can examine the specifics of your particular case and restraining order, and he or she can assist you in not only building the best defense, but also in figuring out the best course of action to keep you protected in the future.

Remember, your health and your happiness is too important to risk. Don’t allow someone else to have control over your safety and security. If you feel that you or your loved ones are in danger, please seek out the protection of law enforcement and a restraining order. If you have already done so and you feel that your rights are not being respected, seek out the services of an attorney at once by searching the Internet or by looking through your local phone book.

Shelby Warden is a legal researcher and regular contributing author for the Law Firm of Powers McCartan in North Carolina. If you have been charged with violating a restraining order in North Carolina, it is important you take that this charge seriously. By contacting an aggressive Charlotte criminal defense attorney from Powers McCartan you can be confident they will fight to protect your rights.

Categories
Family Law

Concerns Voiced Over Legal Aid Cuts and Family Law

Over the past few weeks I’ve been doing a lot of writing on the subject of the pending April 2013 legal forms. These so-called ‘Jackson reforms’ will come into place at the beginning of Q2 next year and will affect a number of areas of law, including family law. The effect it will have on family law however, is a more indirect one. While much of the changes will be felt as ripples through the personal injury sector in a very direct sense, the pending cuts to the Legal Aid bill are the main effect which will be felt by families who depend on its financial aid and free legal advice.

The current budget for the Legal Aid bill stands at £2.2 billion and the government would like to see it cut by £350 million from that annual total. This is a particular problem for personal injury as these types of cases will not be going back onto the bill in spite of the abolition of the no win no fee arrangement. In the instance of family law, many family law cases which might have sought to get help from Legal Aid will not be able to as there will not be enough funding to go around.
Image shows a stack of legal books to represent the sense of justice lost in this family law news storyThe Family Law Bar Association has stated that the changes which have been proposed will have a particular effect on the speed in which divorce hearings are made. Another drop from the list of legal aid for which the budget provides is free advice for families who may be entering legal matters. However, in spite of the Family Law Bar Association’s issues, the government believes that the proposed changes will go towards encouraging more people into mediation and out of the courtroom. In my opinion, these hopes are somewhat optimistic, if not a flat-out excuse to save money.

On average, around 250,000 cases of family law in the form of both familiar breakdowns and divorce receive help from Legal Aid and these figures come from the Citizens Advice charity, a reliable source. The organisation has stated that, should the government go ahead with the pending cuts to Legal Aid that this number would be reduced to around 40,000 cases per year. The head of the Family Law Bar Association, Nicholas Cusworth QC has voiced his concern over the lack of availability of financial help may have a drastic impact and leave people without specialist advice which they so desperately need should they find themselves in these difficult circumstances. Family law is one more area where the budget cut may remove justice from the masses.

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
Family Law

Parents Access Rights ‘Enshrined’ in Law

One of the reasons that divorce law is so complex is that very often the rules are a matter of fine interpretation. Deciding what is the best case for a child as young as two or three can come down to a few difficult paragraphs of wording or just a better argued case.

Sometimes, however, the law is perfectly clear cut and in an attempt to simplify divorce legislation, the government has recently put through an amendment which will ‘enshrine’ the rights of both parents to have access to a child. In essence, what was once a complex and subtle issue is to be made explicit and the law will serve the rights of both parents in most circumstances. So do these changes make sense? Has the government made the right move?

Protecting Fathers
Though at all times divorce solicitors will attempt to set out the proper, just way of dealing with an issue, this amendment will undoubtedly benefit fathers seeking access rights. In just under 10% of divorce cases children reside ‘mainly’ with their father and this legislation seeks to correct this bias.

Of course, this should not overrule what is in the child’s immediate interest if, say, a father or mother is violent or unfit for the role, but it does give genuinely willing fathers a leg-up.

Admin over Justice
Plenty of family law solicitors have expressed their discontent with the changes  and they claim that the new legislation is simply not required – in calculating the interests of the child, courts already take into account the benefits of having influence from both parents.

When parents are given rights to access, disputes start arising over whether the right to access should be equal or properly apportioned. Undoubtedly, this will put a good deal of extra strain on courts for what will be more or less the same end result.

The Paramountcy Principle

After all is said and done, what realistically and legally matters is the interest of the child – this is the paramountcy principle. Though there are many cases in which both mothers and fathers fall unfortunately the wrong side of the legislation, family law experts do understand and appreciate the benefit of enabling joint access wherever possible. Though these changes might redress the balance between those living with dad and those living with mum, the statistics really aren’t the point – what matters is the child’s well-being and at the moment, judges do all they can to ensure fair access to children.

Though we’ll have to wait and see what the real effects of these changes will be, it’s likely that they will be pretty unpopular throughout the justice system and, as happened in Australia, we might well see a reversal of the law in the future.

Clough & Willis – Manchester based divorce solicitors . Contact 0800 083 0815 for specialist advice & information about divorce law, divorce settlements & child custody.

Categories
Divorce Law Family Law Separation Law

DIY Divorce could be the answer if you do it correctly

Divorce isn’t a subject which people tend to want to discuss very openly, but there comes a time when individuals have to make important decisions about how to live the rest of their lives. Getting a quick, smooth and painless divorce is preferable to a messy contested divorce case which could drag on for a long time and cost a lot of money.

Fortunately, if partners can reach agreement on a number of important issues then the divorce can be brought to an amicable end with relatively little expense, thanks to uncontested online divorce services.

The types of things which separating partners need to talk about might include custody of children, division of property, child support payments, other financial issues and even custody of pets of livestock. If they can reach agreements about these assets and responsibilities then it might be possible to get an uncontested online divorce at a fraction of the cost of the lawyer/solicitor route. Reaching agreement about these things in advance of getting divorce increases the chance of it being conducted in a civilised way.

Online divorce services are becoming increasingly popular, as couples look for a way to reduce the costs involved. Online divorce websites will supply paperwork and documentation which will then be completed by both parties. The most important part of this documentation will concern children or any other dependents. This could be related to custody or maintenance. Getting these documents in order is essential for securing a swift divorce.

There are some circumstances in which uncontested divorces are not suitable, such as when domestic violence is involved or one party doesn’t feel free to negotiate with their partner. Unless partners can discuss and negotiate with each other, uncontested divorces are impossible. Where agreement on these important matters cannot be reached, the services of divorce lawyers and solicitors may be useful. They can mediate communications and ensure that rational, reasonable negotiations take place.

It’s hard to put a price on divorce, as it depends on a wide range of different issues and the couple’s ability to reach agreement on them. An increasing number of people are choosing to take control of their divorce; by using online divorce services. Online Divorce websites can provide the paperwork and advice which helps couples to get a divorce quickly and smoothly. Once the Decree Absolute is issued the divorce is final and both parties can move forward and begin living the single life.

Categories
Family Law

Arbitration and Mediation Services (Equality Bill)

The following is a guest family blawg post regarding the Arbitration and Mediation Services (Equality) Bill.

There is a common misconception amongst people, within the South Asian community, that Islamic marriages conducted in this country, are valid under English law. This is not correct. The marriage will only be valid if there is a person within the establishment where the Islamic ceremony takes place, who is authorised to conduct a civil ceremony at the same time and the establishment is registered with the local Registry Office as being an authorised body that can issue the recognised marriage certificate required under English law. A valid marriage certificate can be easily identified as it is in a prescribed format, on green coloured paper.

If the above requirements are not fulfilled, then unfortunately the Islamic ceremony will not be recognised as being a valid marriage under English law. In those circumstances, the parties to the “marriage” will not have the right to make a claim against the other under matrimonial law, and will have to rely on the limited and less generous provisions, afforded to cohabitees, based on principles of trusts, which generally require evidence of financial contributions to the assets that are being claimed, or provisions under Schedule 1 of the Children Act, if the claim concerns financial provision for children.

In many cases where there is only an Islamic ceremony, and no valid marriage under English law, the parties are often encouraged within their communities to mediate amongst their communities, through the use of community elders or members of their own family. They are in many instances encouraged to make use of Sharia law arbitration tribunals operating according to religious traditions. However, this may not be the best option for them as the rights afforded to women under Sharia Law may not be as generous as their rights under English law. There has been some concern that some arbitration tribunals, including those operating Sharia law principles are applying principles which go beyond their legal limit.

A bill has been proposed by Baroness Cox, the Arbitration and Mediation Services (Equality) Bill, which highlights the misuse of equality within the arbitration and mediation services. The main proposal of the bill is to highlight and address the current discrimination which is in force in relation to women who are using arbitration or mediation specifically those within the Asian community. The bill therefore has two main aims:

–          to prevent women from receiving unjust treatment;

–          to prevent any alternative system being established in England and Wales with a potential prison sentence for those claiming to do so.

The bill is not aimed at a specific religious group but at women in general. It is intended to protect women who are and can be discriminated within the legal system.

The main proposal of the bill is that arbitration through a tribunal system that is not recognised under English law, should not deal with family or criminal matters. A concern is that issues such as legally recognised divorce or custody of children are being discussed and often decided at tribunals rather than through the courts.

The bill also makes it clear that any discrimination specifically sex discrimination laws apply directly to arbitration tribunal procedures. The proposed bill is much narrower as it relates directly to three specific areas:

–          treating the testimony of a man as worth more than a woman;

–          preferring a male heir in inheritance rights ;

–          preferring a man over a woman in property rights.

This aspect is specifically designed to address the issue of Sharia law. Traditionally, within Sharia law, the property passes to the sons, not to the daughters, and the daughters’ inheritance is normally half of that of the sons.

Furthermore, the bill seeks to create a new criminal offence. The proposal is that an offence will occur where anyone “falsely purports to be exercising a judicial function or to be able to make legally binding rulings which ought to be decided by criminal or family courts”. The aim of this is to prevent religious or community bodies from operating in lieu of public authorities.

The bill also expands the public sector equality duty. Public bodies will therefore be required to inform women that they will as a result of the marriage not being recognised in English law have far fewer rights. As a result of the lack of legal recognition, there is a risk that it could lead to polygamous marriages being performed.

An amendment is proposed to the Family Law Act 1996, by inserting a clause that a negotiated agreement may be set aside if one of the parties to the agreement did not genuinely consent to it. A “negotiated agreement” means an agreement which has been reached as the result of any form of negotiation, other than mediation. The aim of this is to provide protection for vulnerable parties.

Another area which is addressed by the bill is domestic abuse, which occurs within society quite frequently and is a concern amongst all communities. In most cases, the person suffering from the abuse is very vulnerable and rarely has the courage to stand up the abuse being suffered. Often, it remains unreported and if it is reported to the police, there is pressure by family members to withdraw the allegations. One of the proposals of the bill is aimed at amending the Criminal Justice and Public Order Act 1994. The emphasis of the amendment is to prevent intimidation of those victims of domestic abuse who are assisting in the investigation of that offence or if they are a witness or potential witness in the proceedings for that offence.

The implementation of the bill will bring England in line with various other countries in the world such as Canada and Australia that have outlawed religious arbitration in the legal jurisdiction. Overall, it is aimed at promoting equality between men and women within the arbitration process but also to ensure that there is one legal system in place for issues regarding family and criminal matters.

This guest post comes from Claim Today Solicitors

Categories
Family Law

Top 5 most viewed family law blogs on FamilyBlawg: May-June 2012

Below are the top 5 most viewed law blog posts published on FamilyBlawg over May and June this year (out of a total of over 15 blawg posts published during that period). These have been ranked by the number of pageviews according to Google Analytics, which is often a useful indicator of quality of the blog posts. We try to share every article equally through our social networks and encourage the authors to do the same with their networks.

If you have any comments to make on these family law blog articles it would be great to hear from you. And similarly if you would like to sign up as a contributor for free please read our guidelines then click here to get started.

  1. The Place of Children in Family Law by Clough & Willis Solicitors
  2. Family Law Update Puts Emphasis on Children’s Best Interests by Jim Loxley
  3. International Marriages by Evolved Legal
  4. How to File for Divorce Yourself by Divorce Statistics
  5. The Cost of Divorce in the UK by Ian Nuttall
Categories
Divorce Law Family Law

Divorce and Title Loans: Who Gets the Car? (US Law)

Dog in carThe divorce process can be an intricate situation that leads to many unforeseen problems, both emotionally and financially. If you were having financial problems before you filed for divorce, there’s a possibility that you may have acquired some considerable debts. Sometimes, people in this situation obtain a car title loan to come up with the money they need to help cover the cost of divorce. If you have recently filed for divorce, there may be some question as to who gets the car when this type of loan is involved. Here are a few things to consider about this scenario.

Paying Back the Title Loan

In a divorce situation, you have to be careful how you handle the debt. If no one pays the title loan back, the lender is going to keep the car. Whoever originally signed for the loan is responsible for the money that was borrowed. According to TitleMasters, you will have 30 days to pay off your loan, and in some cases you may also qualify for a 30-day extension.

If the money does not get paid back within the term of the loan, then the lender has the right to take the car and sell it. The lender will keep any money that is generated from the sale of the car. This means that if you are in the middle of a divorce settlement, you need to make sure your title pawn agreement is paid back before the car gets repossessed and sold.

Settlement and Court Ruling

During the process of filing for a divorce, you and your spouse may try to settle things outside of court. In this situation, both parties may hire lawyers to represent them during negotiations. Both spouses and their lawyers will meet to discuss the terms of the divorce. In these negotiation sessions, you work together to determine what happens to the car, as well as how any other marital property is distributed.

If nothing can be decided in negotiations outside of court, then the divorce court will have to get involved. When this happens, both you and your spouse will present information before a judge. The judge will listen to the information and divide the assets in a way that he or she deems equitable for both parties. The judge may decide to give you the car, or give it to your spouse, regardless of who signed the original loan agreement.

Typically, in a court case, you can make requests as to what type of property you would like to receive from the marital estate, but the decision is ultimately up to the judge. If you want to make sure that you get the car, it is usually better to settle outside of court, where you have more control over the outcome, rather than having a judge decide what’s best for you and your spouse.

Marital Property

When determining who takes possession of a car after a divorce has been filed, you also have to look at whether the vehicle was considered to be marital property or not. For example, if you, as an individual, owned the car prior to getting married, then it would not necessarily be considered marital property, if the car were still in your name. If one of your parents or a relative left you an inheritance without giving any to your spouse, then that is not always considered marital property either. In a situation of this nature, you may be entitled to keep the car without having to compensate your spouse for his or her half. If the vehicle is determined to be marital property, you may have to pay your spouse something for their share of the car.

The divorce process addresses many issues concerning property, finances and emotions. If you have a vehicle title loan while filing for divorce, make sure both you and your spouse understand the terms. The more prepared you are for negotiations, the better the outcome for all involved.

Karla M. Somers is a freelance writer, interpersonal relationship expert, and former family mediator for the state of New York. She is a contributing writer for Atlanta based lenders, TitleMasters.