Tag: Family law blog

Categories
Divorce Law

Gray divorce is increasing

Over the past couple of decades, divorce rates among people over 50 years old have doubled in the US.  When individuals who are middle-aged or older get divorced, sometimes it’s a step they planned for years; they’ve waited, for instance, for their children to leave the house first.  In other cases, they never anticipated that their marriages would end and that they’d need to make major adjustments to their lives at a point when they thought they’d have more stability. In any case, open attitudes about divorce, and frequent coverage in the media have created a more permissive environment for divorce. Ages ago people expected to go to their grave within the same marriage. Now it is more acceptable to start a new life at any age.

A ‘gray divorce,’ such as it’s sometimes called, poses its own unique challenges.  One major issue that comes up is how to divide the assets that the couple has built up together over the years.  Whereas younger people who get divorced sometimes don’t even own a home or have much in the way of savings, it’s more typical for an older and established couple to have their own home, more substantial savings and a wider variety of accounts, and funds set aside for retirement and medical expenses.  What are the criteria for an equitable split of assets? Which assets are less desirable? These questions will need to be assessed on a case-by-case basis by expert lawyers, to be sure that both parties are receiving fair treatment. Another issue is directly related to the age of the divorcing couple; they do not have time to correct for major mistakes in a division of assets.

Other issues involve changing the will and making other alterations to estate planning.  For instance, one spouse may have designated the other to make important life-or-death medical decisions for them in the event that they’re mentally incapacitated; with the divorce, they may want to give someone else these powers, such as an adult child.  Beneficiaries listed in a will could also change, and you’d need to revise your estate planning in light of the assets you’re left with after the divorce.

Other adjustments may be social. You may feel cut adrift from the circle of friends that you shared with your spouse.  If you need to move to a new home, you may feel as if your life is starting over again.  And if you’re unused to living alone, it may take you time to adjust to doing various things by yourself.  One important consideration to make is that if you have little experience working on personal finances, and tended to leave such matters to your spouse, you’ll need to learn quickly to manage them so that you don’t get taken advantage of.

When undergoing a divorce in the later years of your life, be sure to have a good attorney on your side, so that your best interests will be met.  You don’t want to harm yourself, and ruin your chances of stability in the golden years of your life, by agreeing to a divorce settlement that’s unfavorable to you.

 

Categories
Domestic Violence Family Law

Effects Of Domestic Violence On Children – As Per Age Group:

Effects Of Domestic Violence On Children – As Per Age Group:

Exposure to domestic violence has negative effects on children. To properly understand these effects, it is important to first understand the dynamics of domestic violence. Domestic violence is prevalent in all groups of people regardless of age, education, race, occupational, social-economical and religious factors.Characteristically, it involves a series of repetitive abuse, including psychological, physical, economical and emotional abuse. The perpetrator uses violence to gain control and power through the use of humiliation, intimidation, and fear.

Children get affected by domestic violence differently at various developmental stages. This is because as they grow and develop both mentally and physically, they learn new things at each age. Being a victim or witnessing domestic violence can interfere with the child’s normal growth and threatens their sense of security.

Studies indicate that children who have been exposed to domestic violence have a greater likelihood of experiencing various difficulties than their peers.

These difficulties can be categorized into:

1. Emotional, social and behavioral problems:
Exposure to domestic violence by children is likely to make them anxious and depressed or exhibit antisocial and aggressive behavior. Other negative effects may include higher levels of hostility, low self-esteem, anger, disobedience and oppositional behavior; fear and withdrawal; and poor sibling, peer, and social relationships.2. Attitudinal and Cognitive and problems:
These children are likely to experience difficulties in school and have poor performance in assessments of motor, verbal and cognitive skills. Moreover, they are likely to have a slow cognitive development, limited problem solving skills, lack of conflict resolution skills, aggressive attitudes, and a rigid belief in gender stereotypes such as male domination.3. Long-term (Behavioral) Problems:

Studies indicate males exposed to domestic violence at a tender age are more likely to develop violent behavior; likewise, females are more likely to become victims.Effects Of Domestic Violence On Children – As Per Age Group:Unborn Child (Infants): 

Infants and toddlers learn through play and exploration, how to form secure attachments. If exposed to violence at this age, they learn that the parents are not likely to constantly respond to their needs which hinder the development of a strong bond between the parent and the infant. Thus, the child becomes afraid to explore their world, which interferes with play and slows down their learning process.

The effects to Infants include:


1. Emotional Effects: Hyper-excitability; Anxiety Tension and stress; Helplessness; Terrorized and Traumatized.
2. Cognitive Effects: Brain damage; Nervous system disorders and Developmental delays.
3. Physical Effects: Birth defects, forced abortion or miscarriage, low birth weight, premature birth, unwanted by parent and abandoned by parent.The effects to toddlers (children less than one year old):

1. Emotional Effects: Traumatized, jumpy, nervous, hyper-alert, anxious, stressed, and fearful; Emotional deprivation; and Strong need for safety.
2. Cognitive Effects: Unresponsive; Developmentally delayed.

3. Behavioral Effects: Colicky, excessive crying; Injuries and bruises; Chronic constipation; Eating problems; Sleep disturbances; Malnutrition; Digestive problems; Allergies/skin rashesPreschoolers (One To Five Years):Children at this age bracket have started learning how to express most of their emotions, including those of anger and aggression. Thus, children at this age living in situation where there is domestic violence can learn detrimental ways of expressing anger and frustration. Moreover they get confused with the mixed messages their parents are sending them; for instance, they are punished for talking rudely while their parents talk rudely to each other.

The effects to Preschoolers include:


1. Emotional Effects: Fearfulness; easily frustrated; anxiety; fearful of abuser; feels split between parents; hesitant and uncertain; low self-esteem, and feels powerless to protect self.
2. Cognitive Effects: Sleep disorders; disrespect for women; unable to focus; and developmentally delayed.
3. Behavioral Effects: Tantrums; models abusive behavior; mimics abuser’s behavior; parrots name-calling; bedwetting; spitting; acting out behaviors; slaps, kicks, punches, swears; tries to protect mother; protective toward younger children; breaks toys; bullies younger siblings; thumb sucking; and nervous habitsSchool-Age Children (Five To Twelve Years):

The children have a better sense of their own emotions and can also recognize the emotions of others. They are more conscious of their own actions and reactions towards violence inflicted to them and may worry about their father being jailed or their mother being harmed. This distracts the child development process which at this age revolves around social and academic success. They become distracted hindering their ability to learn in school. Moreover, they develop poor social skills and tend to pay more attention to negative responses from their teachers and peers and miss hearing positive responses leading to low self esteem. At this age group, the children begin to have multifaceted thoughts about what is right and wrong. Thus, they are more susceptible to learning and accepting biased, incorrect explanations to support violence.The effects to School-Age Children include:1. Emotional Effects: Cries easily or frequently; lack of trust; lack of normal feelings; feelings of despair; helplessness or hopelessness, lack of empathy or concern for others; and anger towards the parents, especially the mother.

2. Cognitive Effects: Learning disabilities or has special needs; suicidal thoughts; withdrawn or quiet; lack of focus and structure; attracted to cults or pornography; overly responsible or tries to be too adult; and lack of responsibility.

3. Behavioral Effects: Violence towards abuser; Destroys property; Tries to be in control; Violent acting out behavior; Perfectionism; Running away; Lack of boundaries and limitsAdolescents (Teenagers):These children are fully aware of what is right or wrong but have the need to have a sense of belonging. They experience similar problem that the school-age children undergo but at a higher level. They are characterized by secretive and guarded behavior about the situation at home and are also embarrassed of their family members. Thus, they do not invite friends over and are likely to spend most of their free time away from home. Aggression and Denial are the major ways of solving problems.

The effects to Adolescents Boys include:


1. Emotional Effects: Feelings of guilt and powerlessness; withdraws and shuts down; embarrassment and Shame; Needs to control; and Lack of friends.
2. Cognitive Effects: May drops out of school; school attendance problems; Suicidal thoughts; “Macho” attitudes; Thinks violence is okay in relationships;
3. Behavioral Effects: Uses violence to solve conflicts and problems; abuses alcohol and drugs; acting out behaviors; antisocial behaviors; suicidal; problems with relationships; self-harm behaviors; homicidal towards abuser; and sexual problems.The effects to Adolescents Girls include:

1. Emotional Effects: Distrustful of others or have trust issues; blames or hates mother; needy – wants to be taken care of and protected; restlessness and feelings of tension; Feels hopeless or helpless; Confused about role models; self-blame and feels guilt about abuse; manic-depressive and “Numbs out” emotionally.
2. Cognitive Effects: Looks for protection from a male figure; school work problems; Lack of self understanding; Lack of boundaries and limits; mimics or takes on others’ personalities; multiple or split personalities; and Problem with concentrating and focusing.
3. Behavioral Effects: Unable to function at home; Drug or alcohol abuse; Unable to function in relationships; Runs away from home; Pregnancy or early marriage; gets involved in prostitution; distorted perceptions of body and Eating disorders.

Author Bio:
Cally Greene is an online consultant for domestic violence lawyer at JoeyGilbertLaw. She likes blogging about Legal issues,Business law,Family Law and other Legal advice.
You can contact her via Twitter.

Categories
Facebook

“FRAPED!” – Is it a grounds for divorce?

“Fraped”. Adj. the act of posting on someone else’s ‘Facebook’ page, often as a result of leaving your profile open or poor password protection

It’s been going on for ever. Childhood sweethearts reunited after many years apart rekindle an old relationship and cause pain and upset to their current partners, possibly leading to a separation or divorce. In the late 1990’s this issue became more prevalent in divorce cases with the advent of early social networking sites such as “Friends Reunited”. Dwarfed now by Twitter and Facebook, the involvement of social networking has been cited increasingly in divorce cases. Some recent surveys in US and UK show that Facebook is now referred to in some way in between a quarter and a third of cases.

Keep it private

It isn’t always old flames that cause problems on Facebook. Flirting with new friends and strangers on your laptop or handheld can cause ructions in relationships especially if your activity is not as private as you thought it might be. Failing to log out of your profile leaves it open for snooping and for others to post on your behalf. Known as “fraping”, this activity can be innocent and fun or dangerous and offensive.  Many examples of exposing the misdemeanours of others exist online. These are normally easy to spot but beware the imposter who can easily post on your behalf.

The exposure of a partners fling or unreasonable behaviour – proper grounds for divorce – are increasingly taking place online. This practice is also rife on twitter where revelations involving celebrities activities have been the subject of debate for some time.

But my password is safe, isn’t it?

Taking good care of protecting your profile is one thing. But how safe is the information that you store? A judge in America recently ordered that a divorcing couple hand over their facebook passwords to each other’s lawyers as it was believed that the profiles contained information that was essential to the case. The injunction included an obligation on the spouses not to post on their former partners page. Despite contravening facebook’s own privacy policy, this sets an interesting precedent adding a whole new dimension to evidence gathering in divorce cases.

Don’t want to get caught. Don’t do it!

Controlling the flow of information is almost impossible in the instant messaging, micro blogging, always connected world that we now inhabit. The only way to stop your facebook page from being used against you in a divorce court is not to do it in the first place. If you don’t want to get caught with your trousers down don’t post it on your facebook page.

If you’re going to share any information on your facebook page, please do share this!

Categories
Finance

Some things you didn’t know about your finances during a divorce

Guest family law blog post regarding finances and divorce.

Going through a divorce can be a difficult time emotionally never mind debating who is going to get the house, the car and even the cat. One of the most argued elements of a divorce will always be the finances regardless of how much or how little that couple had. Here are some things you might not have known when it comes to divorce proceedings and your finances.

First steps and temporary agreements                                                                                                                      

Self-divorce, divorce legal adviceNormally before any divorce proceedings take place there will be a separation period for both partners. During this time it can be difficult to support yourself, especially if your partner was the one bringing home the majority of the household earnings. You can apply to the court for interim maintenance or maintenance pending suit if you were married or in a civil partnership. This can be quite costly and the legal costs may be more than you are awarded so it is always worth talking to a legal advisor before making a decision on this. It may be that your partner is willing to make some kind of arrangement for maintenance payments before divorce proceedings go through.

Financial settlements

One of the most cost effective way to agree on a financial settlement is to do it between you and your partner, as opposed to involving mediators, lawyers or even going to court. If this can be done then you will find the break up to be a lot easier and also save you plenty of money on legal aid. If you make an agreement between the two of you then it is not necessarily legally binding. There are some ways to ensure that your financial settlement is more formal and would therefore stand up in court. Make sure that you write down the agreements that you have made together and take this to a solicitor for their advice. The solicitor can then send this agreement to a county court judge who will make a decision based on how fair they feel it is. As long as the outcome is ‘fair’ to both of you and you both have had independent legal advice then it is much more likely to be accepted.                                                                                                           

Lump sums                                                                                                           

In most divorce casMoney and divorcees there will be a maintenance payment and perhaps a lump sum of money from one partner to another. This could be to share the assets more fairly between partners, to enable one partner to purchase a house to live in or a lump sum to replace ongoing maintenance payments. A capital lump sum will tend to be paid in one go and can enable a ‘clean break’ so that partners no longer have to communicate. The best thing to do with a lump sum settlement is talk to an accountant who will be able to advise you further on investing the money wisely.

Hopefully this article will have touched upon some points that may have been unclear when you first start divorce proceedings. Remember to ask for legal help when needed and also seek the advice of an accountant if large sums of money are involved.

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Some things you didn’t know about your finances during a divorce

 

Going through a divorce can be a difficult time emotionally never mind debating who is going to get the house, the car and even the cat. One of the most argued elements of a divorce will always be the finances regardless of how much or how little that couple had. Here are some things you might not have known when it comes to divorce proceedings and your finances.

First steps and temporary agreements

Normally before any divorce proceedings take place there will be a separation period for both partners. During this time it can be difficult to support yourself, especially if your partner was the one bringing home the majority of the household earnings. You can apply to the court for interim maintenance or maintenance pending suit if you were married or in a civil partnership. This can be quite costly and the legal costs may be more than you are awarded so it is always worth talking to a legal advisor before making a decision on this. It may be that your partner is willing to make some kind of arrangement for maintenance payments before divorce proceedings go through.

Financial settlements

 

One of the most cost effective way to agree on a financial settlement is to do it between you and your partner, as opposed to involving mediators, lawyers or even going to court. If this can be done then you will find the break up to be a lot easier and also save you plenty of money on legal aid. If you make an agreement between the two of you then it is not necessarily legally binding. There are some ways to ensure that your financial settlement is more formal and would therefore stand up in court. Make sure that you write down the agreements that you have made together and take this to a solicitor for their advice. The solicitor can then send this agreement to a county court judge who will make a decision based on how fair they feel it is. As long as the outcome is ‘fair’ to both of you and you both have had independent legal advice then it is much more likely to be accepted.

                                                                                                           

Lump sums

                                                                                      

In most divorce cases there will be a maintenance payment and perhaps a lump sum of money from one partner to another. This could be to share the assets more fairly between partners, to enable one partner to purchase a house to live in or a lump sum to replace ongoing maintenance payments. A capital lump sum will tend to be paid in one go and can enable a ‘clean break’ so that partners no longer have to communicate. The best thing to do with a lump sum settlement is talk to an accountant who will be able to advise you further on investing the money wisely.

Hopefully this article will have touched upon some points that may have been unclear when you first start divorce proceedings. Remember to ask for legal help when needed and also seek the advice of an accountant if large sums of money are involved.

Categories
Children

Ruling Ignoring the Safety of the Family?

Guest post from family law solicitors. 

The Government is planning on protecting the rights of divorced parents to see their children, which is putting victims of domestic violence in danger; not to mention, their children too. With shared parenting as a priority, the welfare of domestic violence victims is routinely ignored. The failings of the family court system are such that vulnerable men and women are frequently placed in unsafe environments where they’re open to intimidation from their violent ex-partners.

52% of women who’ve suffered from an abusive relationship are subject to cross-examination from their violent exes, who have chosen to represent themselves in court. Obviously this can be an emotionally traumatic experience for many people women and men who’ve previously been bullied and intimidated by their ex-partner.

Extortionate Costs

In fact, it can be equally as distressing to be the cross-examiner of previous abusive partners, and with the heady costs of hiring a lawyer hanging over their heads, can victims of domestic violence afford legal fees, especially if they’re struggling to raise a child? With coalition plans to reduce the amount of court benefits low-earners receive, this could mean many abuse victims are forced to represent themselves in court, with absolutely no legal training.

Severe Lack of Protection

There have been cases of abuse victims being intimidated with prolonged staring in the waiting room, as well as being forced to attend mediation sessions with ex-partners that are under restraining orders. When there are protective measures in place, why are they being ignored in a court of family law?

Many domestic violence victims complain of their concerns being sidelined and ignored by the court, dismissed as inconsequential when it comes to shared parenting, even though the children are the best weapons an abuser has to ensure access to his or her previous victims. Also, a violent or abusive person is not an ideal candidate for mother or father of the year, and it seems likely that the child’s welfare would also be in jeopardy.

Fathers’ Rights Groups

Yet Fathers’ Rights Groups have been protesting against the hostility towards protected shared parenting, calling it ‘scaremongering’ and insisting that false accusations keep fathers away from their children. Unless the accusations have been proven by court, there should be no reason to listen to abuse charges.

With 93% of residencies awarded to mothers, Fathers’ Rights Groups need all the help they can get. However, fathers stand to gain by abuse protection in the family court too, as more than 40% of domestic violence victims are male. If you can, please do contact a divorce solicitor in Liverpool, as they could make or break your case.

There have been cases where parents on the sex offender’s list have been allowed to enter a family court of law to argue their case for the custody of children. In this situation a husband had raped and duct taped a 14 year old girl and had been charged with an assault against his ex-partner. For years, he stalked his partner, before taking her to court, and it took a social services independent report to eventually deem the man as ‘dangerous to children!’ He is still free to reapply to the courts for child custody.

Produced by Denver working with Hughes Carlisle divorce solicitors who specialise in a range of other legal disciplines, providing an opinion on current topics which are affecting families throughout the country.

Categories
Divorce Law Property issues Separation Law

What Happens to College Payments During a Divorce

Most marriages end in divorce. Different jurisdictions have different rules pertaining to how assets and liabilities are distributed to the parties after a divorce. When young married couples decide to divorce, student loan debt is a common liability that the parties must cope with. Ongoing expenses that may be incurred if one spouse is actively attending college can influence the amount of alimony awarded to a spouse.

How States Treat Assets During Divorce

Our lawyers at Tenn And Tenn, P.A. tell us that states generally fall into three categories when discussing divorce. In community property states and if the parties have not agreed to distribute assets in a certain manner, the court will divide the marital assets in half. If the debt is incurred during the marriage, the courts will view student loan debt as community property. Student loan debt is a liability and hence is subject to being apportioned between the parties.Other states follow a common law rule. For example, New York also seeks to divide marital property equitably. Unlike a common law jurisdiction, however, the court need not divide everything equally. A court that follows a common law rule will consider a wide array of factors in order to achieve what it perceives to be a fair outcome. Such factors include whether one spouse has title to a property, whether a spouse has commercial interests, and the couple’s living arrangements.

Some states stretch the equitable distribution concept even further. Some states, like Massachusetts and New Hampshire, also seek to provide an equitable distribution during the asset and liability allocations. These states uniquely consider all property owned by both parties, regardless of whether the assets were acquired during the marriage or owned personally. The fact that a party owned an asset or a liability prior to marriage may be a factor for consideration, but is not determinate of the outcome.

Responsibility to Pay for an Education

Whether a party is responsible for continuing payments on a divorcing spouse’s student loans varies depending upon the court’s decision. Even in community property states, courts have some degree of latitude in making asset decisions. Most states permit courts to order parties to pay other liabilities if the court finds that it would be in the interests of justice to do so.

If one spouse is actively attending college, the issue becomes one of spousal support. Tuition and literary expenditures may increase one party’s living expenses, which can increase the alimony award. Among other factors, courts will often consider retraining or educational expenses in awarding spousal support to one party. If a party who is receiving alimony is attending college or seeking job retraining, the court may increase the award of alimony accordingly. If a court order is issued compelling one party to pay spousal support, that party must do so regardless of whether he or she agrees with the award.

While courts normally follow statutory guidelines, the goal in most states is to achieve an equitable dissolution of the marriage, not an equal one. In most states, courts have a wide degree of latitude to make decisions regarding asset allocations, liability allocations, and spousal support. Navigating the laws and presenting a compelling case in the pleadings requires the knowledge of an experienced local attorney.


Saam Banai is a freelance writer and editor and proponent of fair dispersal of assets after divorce. If you find yourself in the midst of a divorce and have costly college payments to make in addition to everything else, contact a divorce attorney from the firm, Tenn And Tenn, P.A. Their experienced attorneys are uniquely equipped due to their training and experience to provide large law firm excellence in a more client-centered atmosphere.
Categories
Family Law

Family court judges fear for their security from parents in courts

The family court judges across England have raised concern over lack of security from being attacked by angry or disturbed parents as often the security provided at the courts were dangerously inadequate.

Though judges have raised such concerns it is very rare for them to be openly critical about the security at the principal registry of the family division in central London and also at district courts around the country.

The concerns have been rising stemmed from the fact that in an incident a female judge was seriously injured in an attack and instances when parents shouted threats at them as well as throwing books and cups.

Speaking to Guardian on anonymity a judge had said that an angry father stood up and shouted anti-semitic threats at him. Another father had thrown a cup of water across the courtroom and another had thrown a book but fortunately the judge was far away from its reach.

Another judge said that he was constantly exposed while working as there was no security in the courtroom and sometimes he was alone with a parent. Generally they sit with a clerk who is mostly an elderly woman and vulnerable herself to make any defence in case of an attack.

He added how they were exposed while moving in corridors between the courtrooms, entering and leaving the building, going to toilets when they are to pass through a public area.

A third judge who has worked in the PRFD and courts across London said most district judges, even those doing highly charged family law cases, do not have courtrooms at all but hear the cases in their chambers with the public sitting around the table, and they don’t have anyone in the court room at all.

Judges said county courts often do not have a courtroom and a retiring room for district judges. This forces them to hear cases in their chambers, with those involved often sitting uncomfortably close, while the lack of a retiring room means judges have nowhere to go to go if it became necessary to escape an aggressive parent.

If anything happens only way of escape is through an adjoining door between the judges’ couirt and that of the other district judge said a family judge in London.

District judge Nicholas Crichton, founder of the family drug and alcohol court at Wells Street family proceedings court in central London, who was given a CBE in this year’s Queen’s birthday honours list, said it was a “recipe for flashpoint” to compel judges to walk through public areas and share corridors. Crichton said it was unfair to put anxious parents under the added stress of close proximity with the judge ruling on their case.

It was a hot spot where emotions run high with parents coming to court feeling criticised about their treatment to their children and possibility of their children being removed from them.

A spokesperson from her majesty’s courts and tribunal’s service said HMCTS took the security issue of judges within courts extremely seriously. And the security system was continually monitored to ensure that it was effective and proportionate and mitigates against risks faced.

Categories
Child Custody Children Divorce Law Family Law

Indiana’s Parenting Time “Nightmare Before Christmas”

It’s that time of year again. People run all over town to do their Christmas shopping, to decorate their homes, and attend holiday parties to spread cheer among their friends and themselves. However, this is also the worst time of year for lawyers, parents, and most importantly, children, because of what is known around our office as “Indiana’s Parenting Time ‘Nightmare before Christmas.’ ”

Continue reading “Indiana’s Parenting Time “Nightmare Before Christmas””
Categories
Child Custody Children Family Law

How to Prepare for a Custody Trial

(US family law procedure and generally) When a relationship ends, whether it is a marriage or two people living together, the emotional and financial toll it takes on the parties can be overwhelming. The impact of a break up is multiplied when the couple is embroiled in a dispute over custody of their children.

People fail to realize that a judge hearing a child custody case does not know either of the parties or the circumstances that brought them to court. A judge’s decision in a case is based only on the evidence presented by each side in the dispute; therefore, it is essential that you be prepared to provide your lawyer with the information, witnesses and documents she needs to prove that you are entitled to have custody of your children.

Do Not Involve the Children

If the children are living with you, do not bring them to court unless your attorney or the judge instructs you to do so. A child custody case is a dispute between the parents that affects the children. The children should not be made parties to the dispute.

Parents who speak negatively to their children about the other parent in an effort to win the children to their side are only hurting themselves. Judges hearing a custody case will usually speak to the children privately at some point in the proceedings. One reason for the interview is to determine if either of the parents has attempted influence the children.

Maintain a Diary

Your lawyer needs an accurate account of the facts and circumstances in the relationship both you and your partner had with the children. You should prepare a diary for your lawyer of current and prior incidents that have a bearing on the question of custody or the relationships you and your spouse have with the children.

Each diary entry should begin with the date, location and names of people who were present. After this preliminary information, there should be a brief, factual description of what occurred including statements that were made. Keep the description as accurate as possible and limit it to occurrences having to do with the issue of custody.

Witnesses

Witnesses who have information that bears upon your relationship with your child are more important than testimony from your high school classmate saying you were a wonderful person when she last saw you 15 years ago. The following are examples of useful witnesses in a custody case:

• Counselors who have treated you or your child
• Your child’s teachers
• Guidance counselors at your child’s school
• Friends and neighbors who have witnessed your interaction with your child
• Doctors and other health care workers

Documents and Other Evidence

Documents such as letters and photographs that are related to the issue of custody should be gathered and shown to your attorney. Keep in mind that not every piece of evidence can or should be used be used in court, so do not get upset if your attorney decides not to use something you believe the judge should see or hear. For instance, you may have a tape recording of a conversation you secretly recorded between your spouse and the children that your attorney refuses to use in court. Your attorney will probably advise you that such secret recordings are illegal in most states.

Listen to Your Lawyer

A family law attorney knows the custody laws in your state and the rules for the admissibility of evidence in child custody cases. Following your attorney’s instructions and advice is the best way to achieve a successful result.

Karen White knows how stressful custody trials can be. Seeking help from a Dallas family lawyer can bring good results to your divorce and custody trial cases.

Categories
Divorce Law Family Law

Post-Recession Surge in Divorces Expected, Say Lawyers

With reports suggesting that the UK may be moving out of recession, many lawyers are predicting a big spike in the amount of divorces they will have to invigilate. Some firms are indicating that they have seen up to a 30% increase in the amount of divorce cases they have to deal with, this could be due to the fact that many couples were putting off a split due to the negative financial implications.

Huge Divorce Drop Back in 2008

The recent rise mirrors a huge drop that occurred just over four years ago when the economic downturn really took hold. With money being too tight to mention and other seemingly more important things on their mind, it appears that couples have just been too busy or broke to consider parting ways, but this looks set to change as the nation starts to look at the possibility of some more stable times ahead.

The official figures actually show that the number of divorces in the United Kingdom dropped for the first two years of the recession and then rose again in 2010 to around 119,00 when the outlook started to look a little bit better.

Equity

Another factor that is seen as fundamental is the fact that couples may have been waiting for the price of their property to creep back up again. As the recession worsened, it seems that people became increasingly concerned about their lowered incomes and how much they would get back if they sold their house. Many divorce lawyers believe this led to many couples postponing their plans to split until they could both walk away with a decent return.

Evidently, not many couples predicted that this would actually be the worst recession in modern times and that the financial doom and gloom would continue for so long.

Larger Rise Could Be On The Way for 2013

Now that many believe there is light at the end of the tunnel and property prices may start to rise very soon, a lot of solicitors are seeing a noticeable rise in divorce proceedings and this is set to gather real pace over the next 12 months.

The figures echo predictions from a number of the United Kingdom’s divorce solicitors and represents some of the first clear cut evidence that an even larger spike in divorce applications could be on the way.

Categories
Divorce Law

Land mark divorce case in making between the Prest’s coming before the Supreme Court

The Supreme Court is set to hear a landmark divorce case concerning on assets held by spouses companies after a Court of Appeal (CoA) ruling last month.

The case of the Prest’s revolves around the question of whether companies belonging to spouses can be ordered to pay assets in a divorce settlement.

Family lawyers for Yasmin Prest, the ex wife of oil tycoon Michael Prest are contesting the decision given by the CoA on the 26 October, which ruled that companies owned by Mr Prest would not be made to hand over assets totaling £17.5m to his ex-wife, in a judgment which was criticised by critics saying that it would enable wealthy spouses to protect their assets in divorce proceedings.

The ruling by CoA came after justice Moylan ordered Mr Prest to hand over the £17.5 sum last year. And suspecting that Mr Prest would not comply with the orders as he had not provided a frank and full disclosure, justice Moylan had ordered 14 of the businessman’s properties in theUKand abroad to transfer assets to Mrs Prest as part payment of the award.

But that ruling was overturned last month when the companies won an appeal against Moylan’s ruling, on the basis that the assets belonged to the companies, which were separate legal entities to Mr Prest.

The October ruling divided the CoA bench two to one, with commercial judges Justice Patten and Justice Rimer finding in favour of the companies against Justice Thorpe, who in his dissenting judgment said that if the law permitted Mr Prest to retain assets in this way it defeats the Family Division judge’s overriding duty to achieve a fair result.

In his ruling, Rimer argued against Thorpe, and said that primarily their were no findings which could justify the finality except that the properties were part of the assets of, and belonged beneficially to, the companies that respectively controlled them.

Commenting on the October decision, family law lawyer for Mrs Prest said that it was a great pity that years of case law and practice which had enabled family law judges to do justice between divorcing couples have been overturned by a non-unanimous decision of the CoA. Devious men who want to avoid making fair provision for their wives would rejoice at this decision.

Another family law barrister added the decision was a disappointing one for many wives who confront on divorce a tangled web of companies used to shelter their husbands’ wealth.

He added that the ruling had put the genie back in the bottle. The Court has effectively sanctioned for other cases the use of what could be perceived by the general public to be a cheat’s charter.

Categories
Divorce Law

Divorce Q&A – Family Law Guidance from the Experts

Guest family law Q&A blog post which answers various frequently asked questions, based on family law in England & Wales and general legal guidance.

1. What is the legal status of prenuptial agreements looking ahead to 2013? Are they worth considering?

Since the Supreme Court’s decision in Radmacher v Granatino {2010} UKSC 42 and the review by the Law Commission, prenuptial agreements are becoming increasingly popular. The enforceability and legal status of a pre-nuptial agreement however, still remains in doubt.

Pre-nuptial agreements are not binding in the UK however; the case of Radmacher did take a significant step towards that possibility. The Judges decided that nuptial agreements should be given considerable weight if they were freely entered into by each party with full appreciation of its implications unless the surrounding circumstances deem it unfair to hold the parties to their agreement.

For a pre-nuptial agreement to be enforceable the contents of the agreement must therefore be fair.

The current position in the UK remains that it is the Court, and not the prior agreement of the parties, that will dictate what will happen to the parties’ financial arrangements upon Divorce.

Ultimately the legal status of prenuptial agreements is still debatable however. Divorce solicitors will advise clients on the basis of each case, but the Court is very likely to uphold a prenuptial agreement if the following is satisfied:

  • Each party has received legal advice and there has been full disclosure of assets;
  • There has been no undue pressure or exploitation and the agreement has been freely entered into;
  • The agreement meets the needs of the party who is in a weaker financial position;
  • The reasonable  needs of any children are met; and
  • The agreement has been carefully reviewed each time there has been a change in circumstances during the marriage.

Pre – nuptial agreements can therefore be very useful documents and it is anticipated will often reduce litigation. The agreements are worth considering if you have accumulated a significant amount of assets prior to marriage, you are to receive a significant inheritance or there are business assets that you wish to preserve. Pre-nuptial agreements are proving to be popular amongst people contemplating their second marriages.

2. How long does it usually take to get a divorce?

An undefended Divorce will take approximately six months to reach the Decree Absolute stage, which is the final Decree of Divorce.

If there are complicating factors such as the Respondent is defending proceedings, there is a disagreement regarding the Petition or financial arrangements have not been agreed etc, this can prolong the length of time and therefore, it can take up to a year or even longer if the financial issues are really complicated.

3. Can you get the other side to pay the divorce costs?

Divorces which are based on the Respondent’s fault namely the Respondent’s unreasonable behaviour or adultery; it is normal practice for the Petitioner to seek for the Divorce costs they have incurred to be paid by the Respondent.

As long as the Petitioner has requested in the prayer section of the Divorce Petition for the Respondent to pay the costs of the Divorce, the Court will normally order the Respondent to pay.

If your Divorce is based on a non – fault ground such as 2 or 5 year separation, the Petitioner can always still request that the Respondent should pay the costs but it may result in the Respondent refusing to grant his consent and thereby the resulting in the Petition being unsuccessful. Therefore in these circumstances it is up to the parties to reach their own agreement. More often than not in these circumstances the parties agree to share the costs equally.

4. What advice would you give to someone considering getting a ‘quickie’ online divorce?

There is no such thing as a ‘quickie’ divorce. It is a term which is incorrectly but frequently used by the media. Whether you instruct family solicitors, act in person or use an online service, the same Court procedure is used and the Divorce process will not be any quicker.

Online Divorce services tend to use generic Divorce petitions which are not tailored to individual needs and therefore, it enables some internet based companies to offer discounts. As the saying goes, “You Get What You Pay For”. We would never advise anyone to go for the cheaper option as cheap is not always good. Divorce can be a very stressful period. Therefore, face to face advice and support can prove to be critical.  Good solicitors place strong emphasis on providing an individually client focused, sympathetic, and understanding service which simply would not be available from anyone offering a ‘quickie’ divorce.

It is also worth noting that it can cost a significant amount to correct an improperly drawn Petition once it has been issued, in most case more than the fixed fee which can be offered at the beginning of the matter.

5. Is mediation worth considering to avoid the courts?

Since the 6th April 2011 it has been compulsory for couples to undergo mediation to resolve any disputes before resorting to the Courts, save for cases where there is domestic violence. In light of this, in the majority of cases the parties will have to consider mediation.

Mediation can be more cost effective than the Court procedure and is useful when both parties are willing to negotiate and there has been a full disclosure of assets. If one party is being deliberately uncooperative, mediation will do little to help the parties reach a resolution and the assistance of the Court may be required.

This article was written by Manak Solicitors, a leading firm of family and divorce solicitors in Kent. All our family & matrimonial solicitors are members of “Resolution” panel and the family & matrimonial partner at Manak Solicitors LLP is a member of “Law Society Family Law Advanced” panel both of which are accreditation schemes which places strong emphasis on mediation.

Categories
Uncategorized

How Can Family Mediation Help Couples Through Separation?

Whether you are experiencing the breakdown of a relationship or a marriage, family mediators can help you and your family through this difficult time.

Mediators help individuals produce a mutual agreement that will benefit both individuals. It is designed to help people focus on the future, once their separation has been finalised.

Couples find family mediation extremely comforting as mediators are completely impartial and unbiased. Instead of telling you what is right for you, mediators work with you to reduce any stress or conflict, assisting you to make your own decision. Individuals will be given the same amount of time to work through their stresses and problems. A mediator will only intervene if they feel any children’s needs or feelings are not being considered.

Mediation usually occurs in three stages; the initial meeting, working progress meetings and a final proposal meeting.

In the initial meeting you and your partner will meet with a mediator and discuss any issues you wish to resolve during the process. Your mediator may advise you to seek other help during this period, including financial or child support.  You can see a lawyer at any time during the mediation process. At this initial stage, you will also have to agree on times and dates when you both are willing to attend meetings. Compromise is a large part of mediation, so it’s beneficial to start with an agreement on meeting times.

During the sessions you will work through your issues with the mediator and try to find solutions that suit both of you. Talk about what your main concerns are and what you fear the most. Mediators will assist you during your own personal solutions to the issues you raise. Within the meetings you will both be working on a Mediation Summary, which is legal document stating what you each agree to stick to after your separation.

Once you have finalised the proposals which you both find acceptable, a copy will be sent to each of the party’s lawyers. If your proposals are approved by your lawyers, they will convert the proposals into a legal binding contract.

The first step towards family mediation will be contacting a solicitor who will set the ball rolling. Your solicitor will ask you and your partner to attend the initial meeting where you will meet your mediator. They will explain the whole process to you, giving you time to ask any questions or raise any queries. During this meeting, it will allow you and your partner to decide whether mediation is the right path for you.

If you do decide to go-ahead with the mediation process, you will attend a number of these sessions until you complete your Mediation Summary.

If you would like more information on family mediation, contact family law solicitors – Burt Brill and Cardens.

Categories
Pre-nuptial Agreements

Is A Prenuptial Agreement After Marriage Possible?

Technically, a prenuptial agreement, also known as a premarital, antenuptial, prenup and/or prenupt, is a contract for couples intending on legally consummating their relationship. If the couple is already married, the agreement is called a postnuptial. Chances are the latter is more complex due to the circumstances involved with designating the collective assets of married couples, versus the individual assets of most engaged couples.

The word prenuptial is taboo in many relationships, but prenuptial and postnuptial agreements actually offer several advantages. They allow a couple to mutually divide and allocate all property and/or assets owned prior to marriage. Although this may be a sensitive topic to some, ultimately, the purpose of a prenuptial or postnuptial is to reduce stress, as well as legal costs, in a worse case scenario.

If you honestly think it will be difficult to talk about a prenuptial agreement with your mate, you might want to read on.

Is a Postnuptial Agreement Right for Me?

There are various answers for why people decide to get prenuptials or postnuptials. Of course the hope is that your prenuptial agreement will never be executed. But in the remote possibility that you ever appear in a court of law, the chances of the judge throwing the book at you will probably be minimized!

In certain U.S. states judges do not have to honor any of the nuptials presented in their courts. Some judges have the authority to only honor the fact you are legally married. Fortunately, many judges will generally respect the mutually agreed upon prenuptial of litigants.

A Sensitive Subject

The notion of a prenuptial might be inconvenient, but in the end, it truly could be beneficial for you and your spouse. A prenuptial and/or postnuptial agreement is probably the safest way for a couple to secure their assets, as well as your rights.

Discussing a prenuptial agreement with your mate could easily turn into a rather sticky situation, especially if you do not approach the topic correctly. Despite this, the agreement can be extremely beneficial for all parties, because it virtually excludes couples from having certain disputes.

Unfortunately, the longer you wait to learn about nuptials, the harder it might be to plan it later. The only thing left to do is consult a family law attorney to ease your anxiety, especially if this is a sensitive topic in your relationship.

Categories
Domestic Violence Family Law Uncategorized

New Definitions aimed at Taking on Domestic Violence

Domestic violence is one of the most difficult and sensitive topics that family law solicitors have to deal with, and the cases tend to be personal and can be incredibly tough for victims and their families

Though It’s unlikely that we can eradicate the threat of domestic violence altogether as there is no accounting for the behaviour of criminal individuals, but the justice system does have a responsibility to ensure those who act violently are punished appropriately.

Thus, the government has decided this month to reword the definition of domestic violence with the aim of addressing some key discrepancies.

Incorporating Minors

Following a study from the British Crime Survey which found that those in the age range of 16-19 are the most likely to experience domestic violence, the new definition includes all of those over the age of sixteen.

By changing the law the government hopes not only to bring justice to those who previously would not have been able to prosecute, but it hopes to raise awareness of the problems of domestic violence in young people.

Psychological Coercion

The second major change to the law is the inclusion of coercion and, as it is to be stated in statute, ‘coercive control’. This appears to be an umbrella term which will encompass all manner of behaviours that restrict the freedom of one of the partners in a relationship.

This will include both clear cut cases where individuals threaten or deliver physical violence, either with regularity or as a one off, but it will also include less obvious cases.

For example, cases where individuals are cut off from sources of support, perhaps their families or friends or where they are prevented from acting independently. This could see a number of cases that previously would have been treated as civil problems criminalised.

Though this might appear like legal semantics, the changes will have a real impact upon the practice of family law solicitors and they will change the way in which domestic violence is perceived and treated when they are brought in March 2013. Hopefully, the new definition will mean more cases where aggressors are justly punished for their actions and victims will be allowed access to the support they need.

Overall, though, these changes should in general raise awareness to the trauma that is caused by domestic violence and, above all else, we will hopefully see a decline in the number of cases that are seen in the courts.

Here at Clough and Willis we have a dedicated team of domestic violence law solicitors who are headed by a Resolution accredited specialist. We advise and represent male and female partners as well as other family relations subject to verbal and physical assaults or harassment .

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
Divorce Law

Divorce Law Reform in England and Wales

Divorce or the termination of a civil union is always a very sad experience. In the United Kingdom, where there is no such thing as a “no fault” divorce, nor any concept of simple “irreconcilable differences” (a lovely term only the Americans could have devised), divorces are often unnecessarily caustic and combative because most petitioners choose what is perceived as the quickest and least complex grounds: Unreasonable behaviour. Ask any solicitor and they will have plenty of stories of strange reasons offered for a divorce petition: Bad cooking, being forced to watch television programs the petitioner did not enjoy, overly flirtatious behaviour by a spouse. The annals of divorce are filled with incredible examples of so-called “unreasonable behaviour”.

The most unreasonable behaviour, however, is often laid at the feet of the judges dealing with these cases, usually in the arena of asset division and support. The problem, as the Law Commission recently acknowledged, lies in the laws as written. While they give the judges great authority and very precise powers to make financial decisions in divorce cases, they give almost no guidance as to what, exactly, a judge should be seeking to achieve with such orders. As the nature of marriage becomes more complex with partners bringing assets, income, and property into a union on an increasingly equal basis, the decision to award one party support or a larger share of communal property is no longer a simple equation – time put into a union against lost income – or any similarly simplistic comparison.

While the prenuptial agreement has become more and more popular – and gained credence in the courts as long as they are properly prepared and executed without duress – they remain largely a tool of the wealthy, leaving plenty of divorces where there are considerable assets but no prenup to fall back on when the union is dissolved. The prenuptial agreement also suffers from the perception of doubt about the marriage – after all, if you have decided to be with a person forever, why would you need a contract spelling out the financials of a divorce?

This means judges continue to decide financial division in divorce cases with very little by way of legal guidelines. Most people agree that such guidelines are necessary – the judges already have the power to make arrangements for both parties in a divorce, but they need to be able to ascertain what the goals of those arrangements should be. Should they be used to encourage independence from each other even if one spouse has been financially dependent on the other for a long period of time? Should they be used to guarantee a spouse’s lifestyle post-divorce indefinitely? A combination of both? The argument can be made that if asset division and support orders are designed to keep up one spouse’s lifestyle, there will be little or no reason for them to ever seek financial independence from their former partner, creating an unfair burden to the latter. Scots law dictates a three-year limit on such support post-divorce, but most in England and Wales regard that term as too rigid and brief. Some go so far as to consider the Scots Three Year Rule to be anti-woman, but that’s an outdated concept. Women in the modern age often bring just as many assets to a marriage or union as their male counterparts.

Happily, the Law Commission seems determined to revise the law appropriately. This will take some time; after officially launching a consultation on reforming divorce law (which has remained largely unchanged since the liberalizations of 1969), the Commission won’t publish recommendations until the autumn of 2013. However long it takes, this reform is most welcome – by judges, solicitors, and petitioners alike.

Mark Darcey is the owner and director of an independently owned commercial debt recovery company based in the UK.

Categories
Children Divorce Law

Children should come first in divorce

The overwhelming majority of Britons believe that putting children’s interests first or avoiding conflict are the most important factors when going through divorce, according to a new survey from Resolution, the national family law association.

Four out of five (78%) say that putting children’s interests first would be their most or second most important consideration in a divorce, while 53% would prioritise making the divorce as conflict-free as possible.

Despite this, over four-fifths of people (81%) believe that children end up being the main casualties of divorce, and 40% believe that divorces can never be without conflict – a figure that rises to nearly half (47%) of those who are currently divorced themselves. Nearly half (45%) think that most divorces involve a visit to court, despite the increasing availability of non-court alternatives,

In stark contrast to some of the high-profile divorce cases in recent years, financial factors are not seen as particularly important, with only 1% saying that being financially better off than their partner would be the most important consideration should they divorce.

Categories
Child Support Finance

Child Support Basics

(US family law and generally) Raising a child is very tiring and time-consuming, not to mention expensive. The needs of a child can often cost thousands of dollars which is why child support is often given to a mother in need. Child support is a policy that can help a sole parent be financially stable when raising a child. Here are some basic FAQs about child support:

When should child support be paid?

When a parent of a child ends a marriage or a relationship, he or she should make periodic payments to the other parent who is the primary child caretaker.

How long does child support last?

Child support typically lasts until a child legally turns into an adult, at age 18. However, it can vary between each state. The two parents can agree to extend the child support payment into the child’s college years. The agreement has to be enforced by the Family Law Court.

When is child support arranged?

During divorce, a separation of a relationship, or dissolution of a civil union or marriage, child support may be an issue discussed. A father or mother who has the higher income will usually make a monthly payment to the custodial parent.

How is child support determined?

During a relationship separation, the parents’ wages, commission, bonuses, rent, benefits, and much more are taken into account.  These guidelines will help determine the amount of time each child gets with a parent. However, more circumstances are taken into account. Looking up each state’s child support guidelines will help determine the child support amount.

What should a parent do if the other parent does not pay child support?

Notify the court about the whereabouts, the income, and place of employment of the parent not paying child support. Once it is determined that the parent is indeed not paying child support, then the court can find the parent in contempt.

What happens when child support is not paid?

Since the court determines the amount of money pays for child support, the parent refusing to pay child support is defying court orders. The consequences of this action can include jail. However, if you are unable to pay child support, as in the case of unemployment, it is your responsibility to get the child support amount modified.

It is important to hire an attorney to help you in matters concerning family law. A lawyer will make sure that the proper compensation and payment is acquired. Child support is vital in raising a financial steady environment for a child.

 

Written by Robert Koenig, a personal injury attorney for The Accident Attorneys’ Group.

Categories
Domestic Violence

What To Do About Domestic Violence Before Its Too Late

Domestic violence is a serious problem in the United States, and it is unfortunately found in virtually every community. While many people think of domestic violence as only physical violence, the fact is that domestic violence can involve verbal abuse, mental abuse and emotional abuse.

How Does Domestic Violence Begin?

In many cases, domestic violence starts off small. A husband may become angry with his wife for not cooking dinner that night, leading to an argument and threats of physical harm. Over time, as explained by one Indianapolis personal injury attorney, this kind of behavior can escalate, ultimately leading to physical violence and more. As the abuser continues to test and surpass boundaries, he or she may then begin to increase the level of domestic violence, and this can even lead to murder.

The Signs of Domestic Violence

As mentioned, domestic violence can take many forms, so outward signs may not always be apparent. While obvious signs, such as blackened eyes or split lips, may signify that a person is being abused, other signs, such as the inability to leave the house, should not be ignored. Many times, abusers will treat their victims as property, meaning that the victim can not have friends or talk with family members. In addition, emotional changes in mood or changes in behavior may also signify that someone is being abused.

What Can You Do?

If you have found yourself in an abusive relationship, it may seem hard to leave. You may love your significant other, and you may truly believe that they will amend their ways. Unfortunately, this kind of thinking typically only leads to increased violence and even death. In order to leave your abusive relationship, you may want to work with a shelter in your area. Shelters often have resources for individuals who are attempting to leave abusive relationships, and they can also offer temporary housing while you reorganize your life. You need to also consider relying on friends and family members for help, as these individuals can form a support net for you.

Is a Loved One Being Abused?

If a loved one is being abused, you may be feeling powerless to do anything about it right now. While you have given your advice and support to the victim, he or she continues to stay in the same situation. One way, however, that you can help the situation is by speaking with a law enforcement officer about your concerns. A police officer or sheriff’s deputy will be able to asses the situation and give you options for putting an end to the abuse. Although you may be worried that speaking to law enforcement may make things worse, doing nothing is actually the worst thing that you can do.

Legal Considerations

If you’ve been abused, you may also want to speak with a personal injury attorney to seek compensation for any injuries you’ve sustained. While domestic violence is a criminal issue and should be pursued through law enforcement, you may also be entitled to financial compensation in a civil personal injury case. Your attorney will be able to offer you options that pertain to your specific experiences, and in many cases, an attorney can also help you to put more space in between yourself and your abuser.

As mentioned, domestic violence can occur in any community and to anyone. Men, women and children can all be the victims of domestic violence, and far too often, these victims suffer in silence. For more information on how you can give a voice to the voiceless, contact your local women’s shelter or speak with your local Social Services office. These entities often have volunteer opportunities that will allow you to help out victims of domestic violence and more.

This article was written by Georgina Clatworthy, a legal writer and former editor of a respected law blog. She is now a contributing writer for the Indianapolis personal injury attorney firm, Sevenish Law. As a law firm with many years experience of handling personal injury cases they are able to deal with damages claims from domestic violence victims, sensitively and with understanding.