Family Law Richard E. Young & Associates

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What to Look For in a Divorce Lawyer

There is nothing exciting or fun about going through divorce proceedings, but that doesn’t change the fact that they are still necessary. What is most important during such a trying time in a person’s life is guaranteeing that they are represented by the best possible divorce or family lawyer who will look after their best interests. This blog will be devoted to providing you with all of the important aspects of choosing the right lawyer and explain why they can make all the difference.

Decide on Your Divorce Process:

When deciding which lawyer is best when it comes to helping you file for divorce, it is first important to understand what kind of divorce process you are looking for. It is a common misconception that divorce is simply signing a paper and deciding who gets what, but that couldn’t be farther from the truth. There are three main types of divorce proceedings, mediation, litigation and collaborative divorce; each holds its own merit when it comes to the benefits it provides and needs to be carefully considered. Something all three of these types of divorce hold in common, however, is that they are best carried out with a lawyer representing you.

Do Your Research:

After you decide on what kind of divorce proceedings you are looking for, the next most important thing is to start doing your research on any divorce and family lawyers you are considering. From searching them online to looking up their reviews and even asking friends who may have used them, it is vital to get a clear picture of who you are bringing in and if they are indeed compatible with you. One of the most important aspects of an effective lawyer/client relationship is the trust any client should have in the person representing them.

Look at Multiple Candidates & Trust Your Gut:

Once you have done your research, it remains important to meet with all of the candidates that you are considering before you sign on the dotted line. Going in for a simple consultation is often enough to get the information you are looking for and help you pick the best one for you. Once you meet with them to discuss your divorce, the choice will most likely become very clear as long as you trust what you’re feeling about them.

Conclusion:

Overall, there are a lot of specific aspects to finding the right divorce and family lawyer that will need to be considered. As long as you go through these steps and maintain a trust in your own judgement, there is no doubt that you will find the proper lawyer for you. The professionals at Family Law Richard E. Young & Associates believe strongly in these steps and are extremely confident that they will lead you to our talented team, because to us there is nothing more important than representing you to the best of our ability.

Why Should You Hire a Bankruptcy Lawyer?

When it comes to filing for bankruptcy, you always want to make sure to choose the right lawyer. When you file for bankruptcy, it can bring you a huge sense of relief, especially when you are under a debt. Once your case is over, you can get back to your everyday life, debt-free. Sometimes, it is a necessary solution to your problem and is a must that you fully understand the process. And we are here to walk you through it. The bankruptcy forms are daunting enough as they are. Read on and find the many ways an attorney can help!

Complete and Schedule Paperwork

When you begin the paperwork you will have to file pages of financial data. The data will cover debts, income, expenses, assets, and financial transactions. When you hire the right attorney, they will know exactly what you have to disclose and how to value your assets.

Accurate and Complete Testimony

When you file for bankruptcy, you are going to need to sign the paperwork and tell the court, under penalty of perjury, that the information you provided is correct to the best of your knowledge. Your attorney can be there with you through that process to ensure your testimony is complete.

Negotiate With Your Creditors

Throughout the Chapter 7 bankruptcy process, your attorney has the ability to negotiate your reaffirmation agreement and can help you to keep your home or car. If you are going through a Chapter 13 bankruptcy, then your attorney can negotiate on payment terms. Not only that, but they can also negotiate on the value of collateral and interest rates in order to offer you an affordable payment plan.

Peace of Mind

When you leave the case in the expert hands of the right attorney, you can experience a stress-free process knowing that everything is on track. An attorney can provide you with the information to proceed through the case and inform you of the status every step of the way.

All in all, choosing an attorney you can count on is a must. That’s where we can help. Here at Family Law Richard E. Young & Associates, we have years of hands-on experience and are here to get you through the confusing legal process of bankruptcy.

The Domestic Violence Laws of California

We have spoken in the past of the different types of restraining orders those residing in California can rely on to ensure they are protected from offenders. However, it’s also worth focusing on situations that occur when your personal safety is violated, specifically domestic violence laws.

Obviously, domestic violence is never acceptable in any context, and you should always consult with your local police and eventually an attorney who specializes in these types of cases when charges are brought forward. But for now, we’re going to take a step back and go over some of the things you should know about these matters in California so you understand your rights.

The Definition of Domestic Violence in California

So let’s get to the basics first – what constitutes domestic violence in our fair state? The parameters are far greater than simply when a person lays their hands on another. This can also consist of threatening, stalking, abandoning, and damaging the property of the victim.

As you can see, there is a level of distinguishing that California law recognizes when it comes to domestic violence. These circumstances apply to an individual who is or who once was involved intimately with the accused perpetrator, and can result in either a misdemeanor or a felony based on the seriousness of the charges.

Who Is Really At Fault

This is where things can get a little tricky, to say the least. There are situations where both parties involved are each a victim of domestic violence. Say, for example, one person was acting in self-defense, was set up to take the fall, or were themselves the prey of ongoing domestic abuse and finally said enough was enough and retaliated. It just goes to show that the response system for domestic violence is imperfect, and those who have suffered the most may either go unheard or get arrested through a misconstrued position.

How to Prove Domestic Violence Took Place

In order for the accused to be convicted of causing corporal injury on their partner, much like in other criminal cases, there has to be proof beyond a reasonable doubt in each element of the case. In California, the attorney must prove that the defendant is guilty of willfully or intentionally inflicting domestic violence which ends up causing a traumatic condition on the intimate party.

Whether the person who struck their partner intended to or not, if the physical act is the substantial cause behind the traumatic condition they’re suffering from, then this proves a natural and probable consequence of their actions.

How to Defend Yourself Against Domestic Violence Charges

Let’s say you find yourself on the other side of the courtroom having been accused of domestic violence yourself. What are you able to do in this situation? Fortunately, there are several defenses available to you.

This includes lack of willful intent, false accusations or fabricated allegations, a setting requiring self-defense involving a reasonable belief for the need to protect yourself, and lack of proof that the act of domestic violence even took place to start with. Any of these matters can be used by the attorney to either have the court dismiss the charges or reduce the charges to a lesser crime such as simple assault or misdemeanor battery. A plea agreement may also be arranged.

What Happens During the Sentencing

In California, the District Attorney has the discretion of whether to charge the guilty party with either a misdemeanor or a felony. This means if the charges brought forward originally constituted felony domestic violence, there is a possibility the felony can be reduced to a misdemeanor either by the court or the attorney.

The sentence typically involves a substantial fine, summary or formal probation, a year or longer in jail, and a restraining order. Those with prior convictions, these charges can increase substantially. Cases involving child endangerment or elder abuse can tack on additional indictments.

As you can probably see, domestic violence cases often require a multi-faceted approach in responding to these circumstances from someone who is able to adapt as new information is presented. After all, as we mentioned, this may be a situation where the defendant is actually a victim themselves.

This is where the relationship between the attorney, the client, and the prosecutor can play such a huge role in determining the true facts of the situation. Learn more about your rights and why you should trust an experienced domestic violence attorney by visiting our website today.