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Why You Need a Domestic Violence Attorney

A domestic violence conviction is serious business. Your child custody, gun privileges, and ability to work in the field of childcare will be placed at risk. Issues such as these are tough, especially in the absence of tangible proof. In a great number of cases, the accused party is considered “guilty until proven innocent.”

However, representation from a reputable and experienced domestic violence attorney is the key to achieving potential success. An attorney will investigate the details of your case and lead you down the right path to your desired outcome.

Defense Strategies

Your attorney will weigh your options. If you or someone you know is accused of a criminal act, it is the task of your legal professional to analyze your options. If the accuser is able to show evidence of abuse, your team would need to determine if the incident was an attempt at self-defense or “de minimus infractions” (too minuscule to be considered a criminal act). Once the defense team settles on your chosen defense, they can begin to put a plan into action.

Working towards Change

One thing that a skilled and qualified attorney can provide is a game plan. They will guide you towards programs such as conflict resolution, anger management, and theLifestyle changes are pleasing to the court. like. Programs such as these usually please the court and show a willingness for the accused party to change. As a result, the court may show mercy and allow for a less severe penalty.

Discovery

Your attorney will gather necessary evidence and documentation.A legal professional would also conduct a thorough discovery. This process includes but is not limited to a gathering of any medical records or other evidentiary support from the involved parties. Along with the collection of pertinent evidence, the legal counsel should also ask for a list of witnesses for the plaintiff and any possible photographs or video submissions.

Conclusion

Being accused of domestic violence does not have to spell disaster. With the right team in place, you may have a fighting chance. Though it is ideal not to have to face a situation such as this, it’s wise to obtain legal counsel if you find yourself in this position.

A licensed and knowledgeable attorney has the education and experience that you’ll need in order to reach a favorable outcome. In the face of a difficult and potentially damaging legal charge, don’t try and go it alone. Instead, call a legal team that will work hard for you. You’ll be glad you did!

How Prenuptial Agreements Affect Children

For those who have been following our blog, you would know we have covered the pros and cons of prenuptial agreements in a previous post. Now that we have gotten that important aspect out of the way, let’s get closer to the matter and discuss more on what actually is affected by this.

To reiterate, a prenuptial agreement is a contract signed between two persons who are in the process of getting married but haven’t just yet. This is used to determine how any property, income, and other assets will be divided if the marriage dissolves for any reason.

Aside from that, it is also used to contemplate what will happen with the children. For more on this particular topic, here are some situations where this must be considered.

You Plan On Having Children

Even when you’re experiencing your first marriage, a prenuptial agreement can really help you. As we previously mentioned, this contract is designed to protect the property and assets of each spouse if a marriage fails. Beyond that, if you plan on having children, you can include in the contract clauses that cover child support, education, medical insurance, and other crucial matters.

You Already Have Children from a Prior Relationship

For those who are going through a second marriage and happen to have children from a prior relationship, a prenuptial agreement will make sure your children will inherit all or a portion of your assets.

In many states, there is actually a law that prevents someone from ignoring their spouse in a will. This means your spouse may be entitled to the assets that were primarily meant for your children. However, with a prenuptial agreement, you can avoid this matter entirely.

Your Former Spouse is Getting Married to Someone Else

This can be a bit of an uncomfortable situation, but not an uncommon one to thi nk about. If you had a child through a previous marriage but are now divorced, and find out your ex-spouse is remarrying, you should consider the best interests of the child.

At the same time, you cannot use a prenuptial agreement to change the terms surrounding child support, custody, or visitation rights. For that, you must go through the same court where these terms were originally handled.

Conclusion

When you ready to draft a prenuptial agreement, you’ll find this can be immensely difficult, especially when you’re weighing a lot of different variables. This is why you should put your trust in an experienced family lawyer who can help you through the entire process and determine what provisions to include. You will also have peace of mind knowing your rights and personal interests are protected!

The 5 Types of Restraining Orders in California

Everyone should be afforded the most basic right of safety in their day to day routine. Unfortunately, strenuous relationships with personal or professional acquaintances can often leave many feeling like that very safety is in jeopardy. In the face of that uncertainty, restraining orders help protect you and your loved ones from those you feel to be a threat.

Of course, when it comes to securing a restraining order, knowing which ones are made available to you can help you better protect what matters most. Read on for a brief rundown of the different restraining orders California has to offer and find an attorney with experience with those kinds of cases.

Domestic Violence Restraining Orders

Like the name implies, domestic restraining orders are reserved for victims of abuse in the home. For a relationship to be eligible for this variety of restraining order, both parties need to either be in a domestic relationship or be closely related. Some examples of these kinds of relationships include:

● Married couples
● Divorced couples
● Both current and former dating couples
● Couples with children

Contrary to popular belief, roommates aren’t eligible for a domestic restraining order.

Workplace Restraining Orders

Reserved for troublesome relationships in the workplace, employers are tasked with securing workplace restraining orders for employees they feel have their safety threatened. Whether the relationship has spurred threats, harassment, stalking, or physical violence, this restraining order is geared to address the issue.

Civil Harassment Restraining Orders

Conversely related to the domestic violence restraining order, civil harassment orders are reserved for relationships that don’t fall into the prior category. Relationships such as neighbors, friends, and family are all eligible for these sorts of restraining orders.

Dependent Abuse Restraining Orders

Abused victims over the age of 65 or those above 18 with mental or physical disabilities can be eligible for a dependent abuse restraining order if they are being physical or mentally abused. In cases like these, “abuse” can mean a variety of things including neglect, abandonment, financial abuse, or even deprivation of care from a designated caregiver.

Emergency Protective Restraining Order

In special scenarios where a victim feels like they are at immediate risk of harm or abuse, they can place a request with their local law enforcement authorities for an emergency protective restraining order. These orders a typically short and very limited in duration and must be regularly extended until a more iron-clad restraining order can be secured.

Conclusion

When it comes to your protection and safety, knowing what options are made available to you is essential. Always stay informed about the different kinds of restraining orders made available to you in California and leave both you and your loved ones’ safety in capable hands.

When You Need to Call on a Parental Rights Attorney

There are numerous scenarios for when you need to consider whether to hire a parental rights attorney. Whether you’re going through a divorce or challenging a party’s paternity claims, it’s for the best that you have a trusted professional you can consult with at every step of the proceedings.

With that in mind, we will run down a deeper explanation on why you should consider hiring a parental rights attorney, especially if you’re facing a legal dispute over these circumstances. With their help, you can look forward to a brighter future!

Why Are Parental Rights Important?

First things first, it’s important to define exactly what this means. Parental rights are described as a parent’s ability in a legal sense to make actions and decisions on behalf of their child or children. In other words, it’s the establishment of a legal parent, and can be applied in the cases of biological parents, adoptive parents, foster parents, and legal guardians.

There are other obligations and benefits a child has access to in association with parental rights including custody, visitation, child support orders, and more. Of course, any and all rights can vary and are dictated based on states and federal laws. This can lead to a complex web of litigation when two parents with a child or children go through a divorce, which leads us to our next topic.

When Do You Need a Parental Rights Attorney?

As we mentioned, the circumstances for when it would be in your best interests to hire a parental rights attorney typically comes down to legalities. This area of practice is used in cases such as the institution of the parents of a child, requesting the use of DNA testing to confirm parentage, challenging another person’s paternity, and other parental-related issues.

Any qualified parental rights attorney involved in the mediation process should be extra mindful to keep the children in mind at every stage. After all, any decision should come down to their health and well-being, and especially their future. That last point is an especially important reason for why it may be best to hire a third-party counsel to handle these matters.

Conclusion

With all the complicated decisions and confusing paperwork involved, it can be difficult to ensure your needs and the needs of the children are being met. Having a parental rights attorney in your corner who can help you through the legal process can give you the opportunity to have a clear head in a delicate situation.

Take the time to speak with a parental rights attorney – many of them offer a free initial consultation so you know what to expect and what your chances are. In the meantime, if you have any general thoughts or questions, please share them in the comments section below!

Preparing for a Child Custody Battle

Fighting for custody can be an ugly process for all that are involved. Unfortunately, disagreements over custody are all too common and something most should be prepared for. In that regard, understanding how courts determine child custody is essential.

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