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What Types Of Cases Related To Divorce Can Be Heard In Family Court?

This article is by Steve Raiser, a very well known NYC Criminal Attorney, whose a former Prosecutor, and also a premier divorce attorney. When a couple decides to divorce, it affects the entire family. During divorce proceedings, many other family issues may arise and need to be sorted out in court. Family court is the platform in which these issues are addressed. Below is an overview of family court and the types of cases heard there.

Family court deals with anything that related to domestic or familial relationships. The primary goal of the family court system is to provide a stable home environment if possible. If children are involved, their best interest is always put ahead of other issues. When a married couple decides to end their marriage, it can affect their children in a negative way.

Child Custody

Child custody is decided in family court. The court must decide which parent should have primary custody of the children or if the parents are able to work out a joint custody agreement. When parents are unable to make decisions together regarding their children, the court will grant one parent primary custody. If possible, the non-custodial parent will receive visitation rights. Each family situation is unique and the court will work out the best arrangement for the children.

Paternity

If there is a question during a divorce regarding paternity, the case will be heard in family court. The judge will order a paternity test, decide parenting time and establish child support.

Child Support

Child support is money the non-custodial parent pays to the parent who has primary custody of the children. This money is designated for the needs of the children such as food, clothes, school supplies and medical bills. Child support is decided in family court separate from divorce proceedings in most states. The court also monitors parents who are required to pay support for compliance. Those who do not pay their child support as designated by the court, may face driver license suspension or jail time.

Domestic Violence

If domestic violence is an issue during a marriage or divorce, it is handled in family court. The law is designed to keep people safe when the situation between couples is volatile. Unfortunately, a divorce can exacerbate an already difficult situation. When one party feels threatened by the other, they can petition the court for help. In many cases, this means petitioning the court for a restraining order which is also known as a protective order. To obtain this document, the party who fears for their safety files a document asking the court to issue the order. The court reviews the petition and decides whether or not to grant the order. If a temporary order is granted, both parties must appear in court at time set forth by the clerk of courts to determine things such as:

  • If Contact Is Allowed Between The Couple
  • Who Remains In The Family Home
  • Arrangements For Personal Items To Be Retrieved
  • Whether Referrals To Counseling Or Anger Management Should Be Made

If a restraining order is issued and it is not honored by the offending party, the court can recommend discipline such as arrest. The primary goal of the court in domestic violence cases is to keep families and children safe from harm until things calm down between a divorcing couple.

Family court is very busy and handles most domestic issues. If you are divorcing and need help navigating the legal process in family court, you may benefit from speaking with an attorney. An experienced family law attorney can represent you during this trying time and help you make difficult decisions that affect your entire family for years to come.

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How much do personal injury lawyers cost

This article is by Leon Prescott, an attorney with LosAngelesPersonalInjuryAttorneys.com

This is a great question, and one that’s asked often. Many people wonder how much personal injury lawyers charge their client. Contrary to other forms of law, most personal injury lawyers work on what is known as a contingency fee basis. Contingency fee means – the attorney doesn’t charge you an upfront fee. Moreover, he does not charge you any fees during the duration of the case. The only time the attorney can, and will, charge you a fee – is if he is able to win you money.

It’s typical in this arrangement for personal injury attorneys to charge 1/3 of the overall settlement, or verdict, as a form of compensation. In some cases, if you have a weak case – the attorney may ask to be paid on an hourly basis. This is not a typical form of compensation. Most attorneys prefer working on a 1/3 basis of compensation.

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How Much Money Will I Get?

This article is by Steve Raiser, a premier NYC divorce attorney. As part of a personal injury lawsuit, you may be entitled to compensation for your injuries and other costs related to your injuries. While the amount that you may be entitled to is hard to determine until the matter has been resolved, there are several types of compensation that you can expect to receive if you win your case.

Expect Compensation for Medical Bills and Related Costs

As a general rule, you are entitled to compensation for the cost of staying in a hospital, going to physical therapy or having to buy a wheelchair. You may also be compensated for the cost of ongoing treatment such as future surgeries, physical therapy or medication to control symptoms of your injury. It may also be possible to get paid for any modifications that you have to make to your home or car after an accident.

Lost Wages and Future Earnings Are Generally Included

If you missed work because you had to see a doctor or go to physical therapy, you will be reimbursed for the time that you missed. It may also be possible to be reimbursed for lost future earnings because you were unable to go back to work. Lost earnings may be awarded on a partial basis if you are able to go back to work on a limited basis or find work that pays less than your old job paid. The amount you receive for lost earnings may take into account whether you were in line for promotions to higher paying jobs or were entitled to future raises in pay.

Punitive Damages May Be Awarded

In addition to any actual damages that you sustained, a jury may add punitive damages to your final financial award. Punitive damages are used to hold a company or person generally responsible for its role in causing your injuries. For instance, if a corporation knew that it was using substandard building materials or made products that weren’t up to quality standards, a jury could send a message through punitive damages. If a doctor hurt you by misdiagnosing an illness or because of a medication error, punitive damages may awarded as well in an effort to prevent future errors from occurring.

Do You Have Kids?

Your award may be increased if you have children or others who depend on your income to survive. For instance, a fund may be created to pay your mortgage or to help pay for your child’s college education if you are unable to do so on your own. This may be in addition to money that can be used to pay for clothes, food or other resources needed to help a minor grow up to be a productive member of society.

What Has the Accident Done to Others?

Permanent injuries that you suffer as the result of an accident could lead to a lower quality of life. For instance, you may not be able to play with your kids, play with your pets or have any sort of intimate time with your spouse. Because of this, your family may be entitled to compensation in addition to whatever you get from the person who hurt you. Compensation may be provided to help others take care of you if you are in a coma or otherwise cannot care for yourself.

It is possible to receive hundreds of thousands if not millions of dollars in a personal injury case. However, that depends on the circumstances in your case such as the type of treatment necessary to recover from your injuries and whether or not you could return to work. Before filing a personal injury lawsuit, it may be in your best interest to talk with an attorney who may be able to review the case and help you resolve it in your favor.

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What is the Tort Law?

Tort law is a body of law that relates to situations that result in a person becoming injured or suffering some type of unfair loss because of the actions of another individual. In general, tort law is a broad category that usually relates to personal injury claims. According to Edmond El Dabe, a personal injury attorney from Los Angeles, they have two basic purposes that include discouraging defendants from committing the act in the future and compensating victims for any injury or loss they suffered as a result of the act of the defendant.

Generally speaking, torts are classified in three main categories. These include intentional acts such as battery, unintentional acts like negligence and strict liability torts that involve hazardous materials. These violations fall under the category of civil law instead of criminal law. In other words, while an injury or some form of loss might occur to a person due to the actions of another, it does not necessarily mean that the act in question is illegal. At the same time, certain tort cases can overlap with criminal laws such as assault.

There are a few different examples of torts. Wrongful death claims, trespassing, intentionally causing emotional distress, product liability, negligence and civil assault and battery. The one that is the most common when it comes to tort lawsuits falls under the negligence category. In such a lawsuit, the victim is required to prove that defendant was negligent in causing their injury or loss. Slip and fall cases are frequent examples of such a legal situation.

When a tort case comes forth, there are certain things that can be done to remedy the damages or injury suffered by the victim. Typically, a plaintiff will receive financial compensation to cover medical expenses or an economic loss, damages for emotional distress, pain and suffering, loss of wages and various other expenses and an injunction from the court requiring the defendant to take actions toward ensuring the safety of the public so that no further harm can be done to others. In many instances, a plaintiff can also receive punitive damages in a tort case. This is typically meant to be a punishment to the defendant because of his or her misconduct and the amount awarded can be quite high in spite of the victim’s loss being much lesser. If you are injured, it’s highly recommended you hire a personal injury lawyer, who can help you.

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Why do You Need a DUI Lawyer?

If in the course of a traffic stop the police decide that you are showing signs of impairment, you could be charged with DUI. Unlike other traffic infractions, a DUI charge is a criminal penalty that could lead to jail time and a loss of your driving privileges. Therefore, a DUI lawyer in Los Angeles could be beneficial as your case goes through the legal process.

You Are Presumed Innocent Until Proven Guilty

It is important to understand that a criminal charge is not the same thing as a criminal conviction. The charge merely represents the fact that the police officer who interacted with you felt that you were a danger to yourself and others on the road. You will still get your day in court to explain what happened at the time of the stop and why you are not guilty of the charge. Your lawyer understands the law and will know if the officer made any mistakes or otherwise violated your rights in a manner that could get your charge dropped.

An Attorney May Help You Negotiate a Plea

It may be possible for your attorney to help negotiate a plea deal on your behalf. For a first-time offender, this may mean that you attend traffic school instead of lose your license or spend time on probation instead of in jail. While you are required to plead guilty if a plea deal is agreed to, the judge in your case may allow the charge to be expunged if you stay out of trouble for a certain period of time. A plea deal may even allow you to plea to lesser charges, which means that you won’t have to tell future employers that you have been been involved in a DUI case when you apply for work.

Your Attorney May Get the Charge Dropped Entirely

If there is no compelling evidence that you were impaired at the time of a traffic stop, it could be possible to have your charge dismissed. For instance, it may be possible to prove that the traffic stop that led to the charge was not legal or that you were stopped at an illegal checkpoint. Police officers who make errors while conducting a blood or breath test or make errors while handling the test could be cross-examined at your trial. A prosecutor who thinks that evidence is likely to be thrown out may simply drop the charge because it would be harder or impossible to prove without it in a court of law.

You Should Never Handle Your Own Case

While you may have the right to handle your own defense, this is rarely a good idea. Even if you have legal experience or have been in a courtroom before, you are too close to the case to try it from a legal perspective. You may make mistakes presenting evidence or questioning witnesses that a judge may not have time or patience for. These mistakes could cost you your ability to drive, your freedom and your ability to earn a living in the future. Instead of taking that gamble, it is always better and generally less expensive to hire a professional to handle your case.

Although it is always better to refrain from driving after having too much to drink, you shouldn’t have to fend for yourself if you are charged with DUI. A DUI lawyer may be able to help you get the charge dropped or negotiate a favorable plea deal in your case. This may enable you to stay out of jail, keep your license and allow you to move on without a conviction on your record for the rest of your life.