Monthly Archives: May 2016
These orders are called by different terms in different jurisdictions. Some call them restraining orders. Others refer to them as no contact orders. In any event, the protective orders are orders made by a state court that instruct someone not to harm another. If the person violates this order, he or she may face substantial legal consequences.
What Protective Orders Guard Against
Protective orders are requested in cases involving domestic violence. A protective order may be issued when domestic violence occurs. This can include physical violence such as hitting, punching, kicking or slapping. It may also protect someone when sexual assault has occurred. Other conduct that may justify a protective order includes restraining the victim, falsely imprisoning someone, stalking or harassment.
Requirements for a Protective Order
In order for a victim of domestic violence to receive a protective order, he or she must establish an imminent threat of danger. Additionally, there must be some relationship specified under state law that justifies a domestic violence protective order. State law may define the necessary relationship as being one between current or former romantic partners, family members, individuals currently or formerly living in the same residence or co-parents of a child.
Factors Courts Consider
When determining whether there is an imminent threat of harm to justify the issuance of a protective order, the court considers a number of factors. One important factor is the history between the alleged abuser and victim and any previous history of violence, stalking, harassment or threats. Another factor that may be considered is whether the alleged abuser has a previous history of harming the victim’s family, friends or others close to him or her. Other history of violence or threatened violence can be considered such as threats to kidnap the victim’s children, violence against a family pet, threats regarding the use of a weapon or other protective orders that were issued against the alleged abuser even if the victim was someone else. The court may also consider any other criminal record and whether the alleged abuser has stopped the victim from ever calling to notify the police of the abuse. The court may consider other factors that it believes are important in determining whether there is a current need for this legal order.
Individuals who are victims of domestic violence may choose to consult with a lawyer to learn about ways that they can protect themselves. Protective orders can be much needed mandates to protect the life and safety of the victim and his or her family. They can play a critical role in family law cases.
Individuals who believe that they have been falsely accused and receive notice that a protective order is being sought against them may choose to contact a criminal defense lawyer. He or she can refute the allegations made against the defendant and challenge any proof used against him or her to protect the individual’s rights.
Functions of a Protective Order
A protective order serves a variety of functions. Its most basic mandate is for the named abuser to stay away from the victim’s place of residence and place of employment. It prohibits any type of direct contact from the alleged abuser, such as in-person contact, phone calls, mail, email, social media contact or other immediate forms of contact. It can also prohibit contact through a third party.
Additionally, the protective order can address domestic issues. If the parties share a home, the protective order can instruct the alleged abuser to vacate it. He or she may have an escort who assists him or her remove their belongings from the home. If the victim and the alleged abuser have children together, there may be temporary provisions regarding the children, such as an order for child support, a prohibition of visitation between the alleged abuser and the children or an order that any visits be supervised. The order may also order spousal support.
If the protective order is made permanent, it may include additional safeguards and instructions, such as banning the alleged abuser from having a firearm or ammunition in his or her possession. If the alleged abuser violates any order contained within the legal mandates, he or she may face additional civil or criminal penalties, up to and including jail time.
When your marriage becomes unviable and you start contemplating a divorce, only divorce attorneys in Fort Worth have the wherewithal to help you navigate those stormy waters. Even though this is an expensive undertaking, you want to get divorce lawyers that can work within your budget. There are a few steps you can follow to increase your chances of landing a good divorce attorney:
Be realistic: Some people may think that settling without involving divorce attorneys in Fort Worth and avoiding paying high fees involved would be the easiest way to deal with a failed marriage. However, being in such a civil matter such can be quite tricky; try and see whether you and your spouse can accept an out of court agreement. The more willing the two of you willing to compromise, the faster and easier the process will become. However, you shouldn’t accept to t be pushed to forfeit something you believe you are entitled and if all your efforts hit the rocks prepare yourself to hire divorce lawyers in Fort Worth.
Know what you to expect: Get clear from the start of the proceedings what you expect out of yourdivorce attorneys in Fort Worth. Discuss details about property, finances and custody issues with your partner before seeking help. If you feel that your former partner may not respect your legal rights, get the services of a divorce attorney. Divorce attorneys in Fort Worth have a clear understanding the local law, experience in divorce and custody issues, property negotiations and filing court paperwork.
Focus on the goal: Divorce is a tumultuous and upsetting experience that easily degenerates into a spiteful and emotional battle. People often display emotions of anger, betrayal and sadness during the separation period. A divorce attorney helps you must learn to stay focused on your goal as he deals with the negotiations.
Identify at least three lawyers: Looking for divorce lawyers in Fort Worth can be a daunting task; you have to balance factors between your budget and the lawyer’s rates. Start by talking to any of your friends who may have gone through a similar situation to recommend the divorce attorney they used. Make use of online searches and different directories that listing divorce lawyers in Fort Worth before you narrow down to at least three choices from where you will choose.
Research and interview: Visit and interview your potential divorce lawyers in Fort Worth by checking whether divorce cases are their specialty, whether there will be anyone else working on the case, the fees you will be charged and any other additional charges. Find out about their policy for contact and whether you can be allowed to negotiate with your spouse but most importantly, whether they think the judge will rule in your favor.
Statistics show that most of the court cases are won and lost, on the impression that a judge gets ongoing through the appellate. An appellate brief is a legal document presented before the appeals court, clearly stating all the details of a matter and why the stance of the lawyer is true.
The appellate attorney must put forth his side in such a way, that the judge is persuaded to rule in favor of attorney’s argument. Therefore, the question ‘how to write a legal brief’, should ideally be, ‘How to write a legal detail?’ The term appellate brief is ironic in the sense that, it is quite a lengthy document.
Tips to Write an Appellate Brief Effectively
If you are an appellate lawyer, shouldering the responsibility of writing an appellate, there are few details which you need to be particular about. It is both a responsible and a daunting task to write a winning legal argument. Whether the ruling court is a trial court, intermediate appellate court or a supreme court, the legal brief should reflect the genuineness of your cause.
- The first and foremost concern of the lawyer, in the process of writing a brief should be, thoroughness with the case. It is a very crucial input for writing an impeccable appellate brief. The lawyer should be well-versed with the matter, specially if the case has come up after a judgment from the lower courts. A forceful argument mostly depends on your knowledge of the subject
- Mark out all the important issues or certain sensitive points in the argument, that need extreme focus. Make it a habit to research extensively for all the legal concerns. There are many sites and written material available, which can be ultimate guide for writing about a particular part in your argument. Follow interesting cases and refer some outstanding works, to broaden your own view and hence put in a compelling composition.
- While mentioning the minute aspects and making a deep study for the same, always ensure that you do not stray from the legal barriers. The most reliable argument is simply setting the facts straight and simple.
There was an interesting ruling, in one of the American court cases, where both the parties involved in the dispute were quite strong and committed to their side of the argument. The attorney for one side presented the arguments in a very intelligent and effective format, arguing about the validation of his claims. The other side, took an unconventional approach. The lawyer simply put forth all the legal rules and regulations concerned with the issue, elaborately. It was only in the concluding part, that he mentioned how his claims were right in accordance with the detailed provisions of law, as stated earlier. Although, the previous side has forceful arguments in their brief, the latter side won the case, on a simple and clear presentation. The judge made a decision considering all the legal framework laid for the issue and the latter side presented its appellate, carefully in accordance with those clauses, mentioning them in detail.
The conclusion is, that no matter how clever arguments you put forth, it is equally, rather more important to simply adhere to the legalities binding the issue. This is one of the most workable strategies to write a winning appellate brief. However, this may not be the ultimate plan, to work in your favor.
The same approach may not prove effective in other cases. A lawyer who is able to read the situation and the circumstances, which are unique for each case, and interpret the rules guiding them in his client’s favor can write a good appellate. Therefore, writing a good appellate depends on how well you understand the issue, as well as its legal implications.
Make sure you have read and reread the entire appellate to rectify any errors, and have put forth all the points effectively. Also, get proofreading done from trusted assistants or seniors, and hope your work makes for a winning legal brief.
We never say no to an insurance policy, do we? The chances of your house getting burnt or you dying are quite rare, but despite being improbable, don’t you pay a hefty sum towards insurance premium? Then, why not towards prepaid legal service, you may ask. Statistically speaking, the number of times you are going to be sued in your lifetime is surely more than the number of times you’re going to die. So, isn’t a few hundred dollars towards prepaid legal services a good investment, if you’ll be covered against legal issues for the rest of your life? It certainly is, if only you were assured that the legal companies would actually do the work that you are paying them for.
Prepaid Legal Scams
- Scams in the legal issues have been taking place all over the United States with alarming regularity, so it is always good to be a bit cautious. While I’m not discarding the idea of prepaid legal services as an out-and-out sham, there are people out there who are giving this system a bad name.
- Scams may not be illegal, but they may be ripping you off by giving false promises of legal advice and services, but ditching you along the way.
- There have been many reports that suggest that the companies offering the prepaid legal services are not really delivering the goods.
- Scams occur, as the people pay these companies the required amount of money each month, and when the time comes to deliver the service, they become evasive or sometimes even send some non-qualified people along to help you.
- Most people, due to their own ignorance, end up paying a lot more as premiums as compared to what they would otherwise spend as lawyer fees.
- Attorney charges for routine work such as consultation and will preparation are negligible for which the price you end up paying as legal services charges are a lot more.
- At the same time, legal services that are otherwise more expensive, such as court hearings for imprisonment may not be covered in your prepaid plan.
Are you a Victim of a Services Scam?
- Many times, in a bid to appear legally above board, the companies running the scams overdo their part by boasting a ‘large network’ of legal aid providers.
- But, most of the time, no sources are cited out of this ‘large network’. Since they are after your money, they will keep deadlines for registration and fee payment.
If they are unable to lure clients post the deadline period, they will offer substantial discounts.
- Often, there are ‘many lawyers’ working with them, but no profiles are displayed.
- Also, you may spot a fake testimonial when you see one. The internet is filled with such fake testimonials, and they are readily identifiable. But the most appalling mistakes of all are the spelling mistakes these ‘lawyers’ commit on their websites.
- While this idea was started by someone with a seriously noble thought of being able to serve the society, some miscreants have taken it forward and are fooling innocent people and playing with their hard-earned money.
There are some precautions you can take to avoid being a part of these services scams. The first one is to ask yourself the question, ‘Do I really need it?’. How many times are you hauled into court anyway? What are the chances you are going to need expensive legal services? If the answer to the previous question was that you need legal services often, the next thing to think about is, ‘What cost would I incur, if I wasn’t covered?’. Before you subject yourself to a long-term payment agreement, do a bit of analysis. See the prices of legal services and compare them to the premium you are paying periodically. Should all the findings be in place in your opinion, make sure the company you are selecting has a good reputation and name. Make sure that the people who vouch for and work for the company exist.
After all, it is your hard-earned money and you should be able to take the best, most responsible decisions. Do not fall prey to a legal service scam; it’s no use crying over spilt milk.