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
Claims

Family of Stabbed Afghan Boy to Win Compensation Claim

A family is to win a compensation claim after a British soldier stabbed a boy of just 10 years of age back in 2010. The family’s compensation claim was agreed to by the Ministry of Defence (Mod) after a Grenadier Guardsman from the UK’s armed forces was dismissed from service following stabbing the young boy in the lower abdomen after a previous night’s heavy drinking session. The MoD agreed that the incident was entirely unacceptable and full liability for the compensation claim incident was admitted. At this stage, the amount of money to be paid in the compensation claim is yet to be a agreed with the father of the young boy who is a 72-year-old shopkeeper and farm worker. The original compensation claim set out to seek around £25,000 in compensation. At this stage, it’s reported that he has only received some £510 so far.

The compensation claim case was being dealt with by a Birmingham-based legal firm following the publication of the incident by UK reporters. The lawyer who was working on the compensation claim stated in an interview with The Guardian that it was regrettable that adequate compensation and medical attention were not provided sooner than they were. It was reported that the British soldier had been involved in a heavy drinking session the previous evening and consumed a considerable amount of vodka which had apparently been disguised as a bottle of mineral water. The alcohol was sent in via a welfare parcel and medics were forced to confiscate his rifle, such was the level of his intoxication.
an image showing a solider, not the one that initiated the compensation claimAfter this, the soldier had just two grenades and a bayonet as his personal arsenal. The following morning, the unit of which he was part was working their way through a checkpoint in the Helmand Province to go onto patrol. Two young Afghan residents were riding bikes and one of them was the compensation claimant. He was being sent on an errand by his father in order to fetch a bottle of yoghurt. The young boy was reported to have asked the marine for chocolate prior to the compensation claim incident taking place. Prosecutors at the court martial stated that his response was to take hold of the boy’s shoulder and stab him in the region of his kidneys with his bayonet.

In an interview, a spokesperson for the MoD stated that “‘The MoD has accepted liability for this appalling incident and appropriate compensation will be paid on receipt of medical reports. ‘Incidents of this kind are extremely rare but any allegations of ill treatment are investigated thoroughly.” The spokesperson went on to say that “Protecting the Afghan civilian population is one of the UK’s top priorities. All British troops undergo comprehensive training on the strict rules of engagement under which UK forces operate”

Jim Loxley is a Director at accident claims specialist, My Compensation

Categories
Children

Was Your Child Attacked by the Neighbor’s Dog? (Guest post)

(US law and generally0 Dogs have always been referred to as “man’s best friend”, and this saying usually holds true. Unfortunately, they are still animals and at times may attack a person. A dog bite can be a very serious injury, and sadly, the majority of these attacks happen to children. Any parent whose child is attacked by a dog needs to take action immediately. Most dog attacks are not fatal, but it is still imperative to handle the situation correctly. Once a parent knows their child is safe, they should take steps to make sure the dog’s owner is held liable for the damage their dog caused.

Take Care of the Child

The utmost important thing for a parent to do after a dog attacks their child is get immediate medical help. Even if the dog bite doesn’t seem that serious, there is a great chance of infection and possibly even rabies. The dog should also be reported to law enforcement and animal control services. In South Carolina, a dog that bites a person is required to be quarantined for ten days at a veterinary clinic. During these days, the dog will be monitored for rabies. This will give everyone an idea of whether or not a child needs to be given a rabies vaccination.

Collect Information

Any time a child is bitten by a dog the parent should do their best to gather as much information as possible. The first thing to find out is where the dog lives and who its owner is. It is strongly recommend that pictures be taken of the injury as well as any torn clothing. This will be very important if the necessity arises to get reimbursement for medical bills from the owner. A dog owner can sometimes even be held criminally liable if serious injury occurs, so these pictures may also help law enforcement. A parent should also get the names and contact information of anyone who witnessed the incident.

Contact a Lawyer

Contacting a lawyer is very important, even if a child’s injuries are not life-threatening. South Carolina attorneys Howell & Christmas point out that the state has a strict liability stance on owners whose dogs bite other people. This means that if a person is in a public area or lawfully on private property and is attacked by a dog, the dog’s owner is liable for the injuries, even if it occurred in their own yard. This does not apply if someone is bitten due to breaking the law or provoking a dog. It is also important to remember that a child can suffer future serious psychological issues related to dogs due to this attack. If a parent waits until these issues become apparent, they may not be able to sue for any counseling bills their child may require. This is because the statute of limitations on these cases is only three years. Contacting a professional attorney quickly will ensure a parent can cover their child’s medical bills, any lost income due to having to care for their child’s injuries, and any future medical bills that may arise from the attack.

Any owner whose dog attacks a person is liable for that attack in most states. Even if a child’s injuries are minimal, a parent should still contact an attorney. No parent should have to pay a doctor bill that was caused by another person’s negligence. Taking action against a careless dog owner is also usually the only way that the owner will start taking their dog owner responsibility more seriously. In the end, having a competent attorney will ensure that a person doesn’t have to pay for injuries caused by another person’s disregard, and handling the issue correctly may ensure that other children don’t become victims of that particular dog.

Katie Hewatt is a legal researcher and contributing author for the legal team of Howell & Christmas. This group of personal injury lawyers also specialize in dog bite cases. They take each case seriously, no matter how severe the injury is, and will help you receive the compensation you deserve for pain, medical bills, emotional stress, and scarring.

Categories
Child Custody Children Divorce Law

Divorce and Drinking in CA: Will a DUI Affect My Custody Rights?

When parents are going through a divorce that involves a battle for the custody of children, there are considerations when DUI charges are pending or were present in the past. California courts are concerned with the safety, well-being and proper care of the children. Having physical custody of a child involves many responsibilities. Ultimately, the goal of the court system is to place children in a home that offers optimum parenting skills.

If you are trying to obtain legal custody and not physical custody, a DUI may still be a serious consideration. Decisions about a child’s health, education and many other details of their daily life may be better handled by the parent that shows responsibility through their own actions.

What Else May a DUI Charge Imply?

Our Walnut Creek DUI lawyer in California suggests that the court will want to know your background as a parent. If you have a current DUI charge, is it because you are a partier? If so, will parenting take a backseat to the lure of your social life? Was the child present in the car when you were stopped for the violation? Even if you had just dropped off your child or were just arriving to pick up her up, that is a serious situation and concern for the court when making custody decisions.

Current DUI Charge

The wisest decision you can make when faced with a DUI charge while a custody hearing is in progress, is to get an attorney who is knowledgeable and experienced with DUI cases. If you live in Northern California, contacting an attorney local to the area is essential to helping you achieve a favorable outcome. In fact, if this DUI is your first offense, a California court may allow a plea bargain that will reduce the charge so that no DUI will be entered on the records.

While the DUI charge may enter into the decision about custody, facing the charge and making an effort to resolve the issue will also have an impact, and hopefully, a positive one. Calling an attorney as early as possible after a DUI arrest is important because he or she can counsel you in many ways if they are involved in the case from the beginning. You could even choose a lawyer who is experienced in both DUI and child custody issues.

Past DUI Charges

Some other things to think about if you have past DUI charges on you record are: How did you handle those? Did you have more than one? Was it determined that you had a drinking problem? If so, did you complete a program to conquer the addiction and did that result in no additional DUI charges? A continuing history of DUIs is extremely detrimental to a custody hearing.

Another issue that may have adverse effects on your child custody case is if the DUI charge was coupled with other charges. Did the DUI involve an accident? Were any criminal charges filed? Were people hurt or was property damaged? All of these factors will be considered in your ability to care for your children.

Finding the Best DUI Attorney

As a parent facing a custody battle and a DUI issue, you will undoubtedly need the best attorney you can afford. Sharing custody of your children, at least part of the time, is a big incentive to get an attorney on your side as soon as the DUI charge is filed. A qualified legal team will be instrumental in helping you by offering the best possible options and alternatives in your specific situation. Knowing all your options and what actions you need to take is vital to the success of both your DUI charge and your custody hearing.

Karla M. Somers has worked as a child advocate and family mediator for divorce in New York. She is a contributing writer for the Law Offices of Johnson & Johnson, a dedicated Walnut Creek DUI lawyer team who is passionate about DUI defense and parental rights cases. They can answer your questions and help you put legal matters behind you.

Categories
Domestic Violence

Victim Compensation in Domestic Violence Claims

(US law and generally) If you were injured as the result of domestic violence, you know that it can take years to put all the pieces of your life back together. You might think that after a successful criminal hearing you have done everything possible to exercise all of your legal rights. However, many victims fail to realize that they are also entitled to compensation for their injuries and can pursue compensation by filing a civil complaint against their abuser. Find out how you can fight for the compensation you deserve legally so that you can recover from the violence without struggling financially.

What Type of Compensation Are You Entitled To As the Victim of Domestic Violence?

Victims of domestic violence can sustain a number of different types of physical and emotional injuries. While the most commonly recognized injuries are typically physical where abuse is concerned, emotional abuse is also very common when someone is injured at the hands of someone they love. While criminal laws are very well known and are enforced in each state, civil laws also exist to provide recourse for victims who want to pursue compensation for their injuries.

You have the right to pursue your abuser civilly even after you have pursued them in the criminal court. When you are pursuing your abuser civilly, you are taking the assailant to court to hold them liable for the costs of your injuries so that you are not stuck paying for your medical care and the care you will need for recovery. Our attorney, from law firm Tenn and Tenn explains that if the court orders that the defendant is responsible for your injuries, you could be entitled to compensation in the form of awarded damages. These damages can range in severity and depend on state laws. If you are not familiar with the laws concerning damages in your state, speak with a personal injury law firm and find out everything you need to know.

How Can the Criminal Case Help You When Filing a Civil Case?

As you might know, having evidence whenever you are going to court will help you when you are trying to prove your complaint is accurate and true. If you are a victim of domestic violence, you should always call the local authorities before doing anything else and have the abuser arrested. Once you file a restraining order and you are in a safe environment, you can use the police report and the evidence from the criminal proceeding to help you win your civil case. Our lawyer further advises that documents such as the incident report, statements from law enforcement officers, photos of injuries, and medical treatment bills can all be used to support your claim.

Everyone deserves to have a loving relationship where they feel safe. If you are the victim of domestic violence rebuilding your life can be a long and arduous road. Remember though you are entitled to compensation for the physical and psychological injuries you suffered, to help make that road to recovery a little easier.

About the Author

This article was written by Georgina Clatworthy an experienced legal writer and editor. She is currently a contributing writer for the New Hampshire personal injury specialists at Tenn and Tenn, whose approach to claims from victims of domestic violence is with diligence and empathy, ensuring every client receives the compensation they deserve.

 

Categories
Divorce Law

The Importance of an Attorney in High Net-Worth Divorces

Marriage can be a rewarding experience for many adults. While a marriage may be founded on love, it can often break apart for a variety of reasons. In some cases, a divorce may be based around financial matters. If a high net-worth individual is getting a divorce, it’s essential to have access to a divorce attorney. The following guide provides simple simple tips and tricks on how to navigate the world of divorce as a high net-worth individual.

When an individual decides to get married, he or she takes a sacred vow that is supposed to last a lifetime. Under ideal conditions, both partners in a relationship will be getting married for the same reasons. However, people may not always get married for the same reasons.

For example, there’s a reason that doctors and other professionals have no problem finding a potential spouse. In many cases, these individuals are considered to be excellent providers. If a relationship is founded on money, it is usually destined for failure.

If possible, it’s a good idea to get a prenuptial agreement before marriage. With a prenuptial agreement, a couple decides on how assets will be split in the event of a divorce. However, it can be challenging to maintain love when money is concerned. If a high net-worth individual wants to get a prenuptial agreement, the other spouse may not want to get married. In addition, these agreements can break the bond of love.

If an individual doesn’t a get a prenuptial agreement, half of his or her earnings after marriage may go to a spouse in the event of a divorce. While assets one obtains before a marriage are usually safe, any assets obtained after a marriage are usually up for grabs. However, it’s important to understand how this can impact one’s assets from before a marriage.

For example, imagine that a high net-worth individual owns a very expensive home. This individual then decides to get married. After 10 years, the marriage starts to fall apart. During this time, the value of the house has appreciated in value 20 percent. The low net-worth spouse is entitled to half of the value that the house has appreciated.

This concept also applies to other types of assets. This can include stocks, bonds, options, valuables, artwork, paintings, intellectual property and much more. Intellectual property can be a very tricky issue. For example, imagine that an individual is an upcoming music artist. At the time of one’s marriage, the artist still hasn’t been able to break out. However, he or she is able to experience success after a marriage.

The low net-worth spouse in this example would be entitled to half of all revenue streams that come from intellectual property created after the marriage started. If an artist becomes very famous, his or her spouse will own half that name. In some cases, courts may award that name to a low income spouse.

In addition, children can complicate the divorce process in several different ways. If a low net-worth spouse receives custody of children, he or she will be entitled to child support payments every month. However, there is no fixed price for child support. For example, a shelf stocker at a supermarket may pay only $150 a week in child support payments. However, an investment banker may pay thousands of dollars every week in child support payments. Since child support payments are often based on an individual’s income, it’s essential to have access to a professional lawyer or attorney.

 

Albert Myburgh has been serving the 5 boroughs in family law matters for 25 years. He strives to solve legal matters in an efficient, amicable, and successful manner.

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
Divorce Law

Family law claims

As the name would indicate, family law specifically deals with those areas of the legal system relating to domestic and familial matters. However, within the scope of family law, there a number of different types of claims that can be made, relating to different circumstances. These are 3 of the main types of family law claims.

Divorce and child custody

This is one of the most common types of family law claim. Firstly, divorce law can deal with such matters as the division of financial assets, to the rights and arrangements of the parents concerning access to or custody of any children in the wake of a divorce. The issues that can arise within this include those of who gets full residence rights for the children – custody; and who gets visitation rights – access. There will also be issues of legally arranging times for visits, for the parent who does not have custody rights – and dealing with any breach of those arrangements. Click here for divorce solicitors who can help with any of the above matters.

Domestic violence

Unfortunately domestic violence remains extremely common within relationships of all classes, ages and sexual orientations. This area of family law is designed to offer support and protection for those experiencing it. This includes providing information on the legal options available and, if necessary, securing court orders to provide protection for the victim from their abuser.

Civil partnerships

With the Civil Partnership Act having been passed in 2004, these relationships now fall under the jurisdiction of family law, although the arrangements are slightly different from those of divorcing married couples. Civil partnerships family law claims can relate to issues of parental rights and responsibilities, just the same as married couple divorce law, but the difference is in the actual separation: this type of family law deals with specialised orders for the dissolution of civil partnerships, as well as with legal issues that can arise as a result of IVF treatment.

Categories
Child Custody

Flexibility in Child Custody in the Best Interests of Growing Children

(US family law and divorce generally)

Custody Should Adapt to a Child’s Changes:

Divorces in the 21st century always include a parenting plan if there are children involved. Some parents share parenting almost equally, and some utilize a week-day/week-end schedule to keep the kids going to the same schools no matter which parent has visitation. Parents who live states apart can enact a parenting plan where one parent has the kids during the school year and the other has the children during summer vacation.

No parenting plan is ideal, because “ideal,” to a child, would be for the parents to be together. But this is the real world, which is a concept that all children will learn at some point in their upbringing. Parents, though, can do a great deal to keep pick-ups and drop-offs amenable and communication civil.

Communication:

If divorced spouses can keep the lines of communication open, the children fare better. Married parents talk about their children all the time. If a divorced parent has a concern or just wants the ex-spouse to know something new about their child, he or she should be able to call the other parent. Keeping parenting the same in both homes is always better for the children.

Tender Years Doctrine:

Many states have, or are in the process of, eliminating the “tender years” doctrine. This means that instead of the presumption that it is always best for children to live with the mother, now both parents are being considered equally. This is a much fairer way to handle parenting options after divorce. Not only does it keep both parents more involved in the lives of their children, but it also levels the playing field for disputes over custody issues.

Best Interests of the Children:

In all states, crafting a parenting plan that is in the best interests of the children is the primary consideration. It may be inconvenient for both parents, but the children should always come first. However, for many divorced parents, the children are caught in the crossfire of unresolved marital issues. With a concerted effort on the part of both parents, co-parenting can be accomplished after divorce without the insinuations, sabotage and veiled threats that some parents continue to remain embroiled in. Parents don’t have to like each other; they just have to act like they like each other.

If both parents are able to live within the boundaries of the school(s) that their children attend, there is little reason that parents can’t split their parenting time 50/50. In time, the children adjust to this and regard it as normal.

When a Child Decides:

A child’s needs change as he or she gets older. For instance, when a boy is 10 or 11, he may want to live with his father. Depending upon the parenting plan, this could actually involve only slight changes on the plan to allow the child to spend more time with his dad. But, if the dad lives out of state and sees the child only in the summer, the mother may not want to become the “summer” parent. In this event, the couple will have to work with the Court and a mediator to develop a new parenting plan.

In instances such as this, the judge may actually ask the child in chambers, away from his or her parents, to learn who the child wants to live with. The judge may also appoint a psychologist to meet with the child to discuss the issue. As long as it has been determined that the child hasn’t been coerced, there’s a good chance that the parenting plan will be revised to represent the child’s preference.

About the Author

This article was written by Karl Stockton for orlandodivorcehelp.com. If a family law issue arises, contact a family lawyer to receive legal assistance.

Categories
Divorce Law

Can You Afford A Divorce? (Guest family law blog post)

When we begin to think of divorce, two main aspects immediately come to mind, those being the emotional trauma and the financial distress which often follows. The irony here is worth mentioning: financial difficulties are one of the main reasons a couple seeks a divorce although the results of a divorce may have a much more profound effect on both parties which can far exceed any monetary problems they may have previously had. Let us take a look at a handful of the main expenses associated with divorce proceedings.
The initial cost depends largely on whether or not the divorce is contested. If both people cannot decide how to split various assets, fees can often run into the tens of thousands. Essentially, the more messy the proceedings are, the more money spent. While the so-called “do-it yourself” divorces may make sense for two people in agreement, it is best to hire a litigator should difficulties arise.

What Is An Asset?

An asset is defined as any personal property which has financial value to repay a debt. In the case of divorce, the “debt” can be though of as which party is owed what. Assets include bank accounts, properties, vehicles, stocks and bonds and everything in between. Unless a prenuptial agreement was signed beforehand, these assets will be appraised and divided accordingly. Depending on the situation, this division can come as a great loss to one party while another may vastly increase their financial position.

Children

Should any children be involved, child support must be paid. These payments are determined on a graduated scale in regards to income. Once again, in a “no fault” divorce where both parties amicably split, any payments are conditional and not required as in the case of a contested divorce.

Debt

As assets are carefully examined during divorce proceedings, the division of a couple’s debt also takes place. This can be one of the most difficult parts of the whole process, as determining which debt is owed by which party can cause a great deal of tension. It is an unfortunate fact that during a messy divorce, people are prone to rack up a large debt simply to spite the other half. Should this debt issue not be resolved in a timely fashion the whole divorce will take considerably longer and therefore more costs will build up.

While the divorce proceedings, child support and debt and asset division may cost a great deal, let’s not forget what are called “start up” fees. These costs are the results of having to start over. They may include the down payment on a new residence, moving costs, child care costs, larger utility bills and others.

What Should I Do?

One of the best things to do should a divorce be looming on the horizon is to consult with a lawyer initially for an evaluation of what the overall costs may be. Monitor any credit cards and bank accounts to make certain that debt is not used as a weapon. Finally, both parties need to realise that the more they can find common ground, the less financial burden each will experience in both the short and long term.

This article was written in collaboration with Blanchards Law, specialists in family law.

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
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
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!

Categories
Claims

Making Head Injury Claims To Receive The Compensation You Deserve

Head injuries are terrible injuries that can affect your life in more ways than you think. Anyone that has been involved in an accident should get a medical check-up to see if there are any injuries unaccounted for and to receive the proper medical help. When you have been involved in an accident that was not your fault, you should make sure that you file head injury claims and request the compensation that you deserve.

The impact of head injuries can have terrible effects on your life this is why you will need all the medical help that you can get. Clearly, making head injury claims is the best thing that you can do at this point because with the compensation that you receive you will be able to pay for all your medical treatments and bills. Some of the most common side effects that you can experience can include headaches, seizures, vomiting, blurry vision or slurred speech and even loss of memory.

The best option that you have at this moment is to seek the advice of a legal professional that can help you make the best head accident claims. Clearly, in your situation you will need to have someone that can offer you guidance in the legal process and can help you organize your case. You should be looking for a lawyer that is specialized in head injury claims because this way he/she will know exactly what steps need to be taken and how you can receive the best compensation. Also you can depend on them to offer genuine advice and guidance in any personal circumstances that might arise.

You should be aware of the fact that making head injury claims can be an extensive process this is why you should be well-advised in any situation. Regardless of the type of accident that you have been involved in, it is clear that you will need to have legal representation to file the claims for you, take care of all the legal aspects and make sure that the negotiations get you a nice compensation.

Some of the things that will be covered by this head injury claims compensation will include the medical treatment, rehabilitation costs and potential loss of salary. When you have suffered a head injury you won’t be able to go to work anymore, until you get better at least. This means that your budget will be severely affected, especially since you won’t be able to work anymore. The head injury claims compensation will go far beyond a quick financial assistance. You will manage to receive compensation that will help you cope for the rest of your life with the changes that you are going through.

When you have suffered a severe head injury that has left you with some serious side effects then you should make sure that you get in touch with a head injury claims solicitor as soon as you can. Head injury law can be more complex and complicated than you first imagine this is why it is best to have on your side someone that can guide you through the entire process.