Dealing with Child Custody in California The reality of marriage is that couples who have children get divorced. This is when child custody will become an issue. In the state of California, a judge will evaluate all of the evidence presented to them and make a decision about custody based on what is in the best interest of the children. Each case begins with both parents having equal rights. Health and Safety When determining child custody, the California courts are required to consider a number of factors that will have an impact on the health and safety of the child. A judge is not likely to grant visitation or custody for a father who has been found guilty of attacking the child's mother. A judge is not permitted to grant child custody or unsupervised visitation by a parent who has been convicted of physical or sexual assault on a child. Should it be proven that either parent is a continual or habitual alcohol or illegal substance abuser, it will be taken into consideration. … [Become Informed...] about Child Custody in California
What is Family Lawyer?
A family law attorney is a lawyer who specializes in and practices family law. Family law itself varies in definition from state to state. However, most states agree that this area of law revolves around legal matters like: marriage, civil unions, or domestic partnerships divorce, separation, or annulment adoption surrogacy paternity testing paternity fraud child abuse child abduction property settlements child support alimony parental visitation and custody These topics influence the integrity, safety, and future of people's lives. The courts in all 50 states and U.S. territories make it a priority to protect vulnerable parties, particularly children under the age of 18 who are entitled to financial support and access to both parents when appropriate. Determining when it is appropriate for children to have access to both parents or if it is safe for people to enter into legal arrangements like marriage or divorce also may require the … [Become Informed...] about What is Family Lawyer?
Alimony Overview
The alimony meaning used today refers to a financial and legal obligation ordered of one spouse during and after a divorce. Also known as spousal support or spousal maintenance, it is a sum of money that the spouse must pay to the other each month as the divorce case is being decided in court and after a judgment has been rendered by the family court judge. This obligation is typically imposed on the spouse who earns the highest income and has the most assets at his or her disposal. Divorce alimony is awarded to the spouse who earns less, has foregone pursuing a career during the marriage, or has been awarded custody of the couple's minor children. In some instances, it also may be awarded to the spouse who has been awarded the marital home. Alimony is not intended to be a punishment inflicted on one spouse for bad behavior or for leaving the marriage. Likewise, it is not given as a reward for surviving a bad marriage or for filing for divorce. Instead, alimony is awarded as a … [Become Informed...] about Alimony Overview
How to Hire a Divorce Lawyer
Filing for divorce is never an easy thing. It's hard to admit it even to yourself that a relationship has failed. But if things continue to get worse instead of better, there's no help for it. After counseling and trial separation has failed, there really is no other alternative. Your goal at this point should be to make the divorce process as painless as possible without sacrificing too much of your hard earned property and money. In order to reach this important goal, you will need to engage the services of a professional divorce attorney. There's No Need to Be Stressed About Finding a Good Attorney If you are about to get divorced, don't panic. You can find a reputable and professional divorce attorney to help you finalize your case. The important thing is to stay calm and focused. You don't need to pay an arm and a leg to find a divorce attorney to help you win your case. If you play your cards right, you can get a great settlement to your divorce without having to turn over the … [Become Informed...] about How to Hire a Divorce Lawyer
Common Law Marriage
A common law marriage is a legal arrangement that presents a couple as being married. Also known as sui iuris marriage, informal marriage, marriage by the fact, or marriage by habit, this arrangement allows a couple to be considered as lawfully married in states that recognize common law marriage. The couple must live together and present themselves as a married couple to society in order for the arrangement to be considered valid and lawful, however. They accomplish this by organizing their lives like a civilly or religiously married couple. For example, the woman may take her common-law husband's last name. They also may share a bank account, purchase a home together, and combine assets like income and savings. If they reside in a state that recognizes this type of cohabitation arrangement, the couple does not need to register their union with civil or religious entities. As long as they maintain this lifestyle for a set number of years as outlined by the state in which they … [Become Informed...] about Common Law Marriage
Foreclosure by Power of Sale
The process of foreclosure by power of sale will normally involve the sale of a property by the mortgage holder through some means which does not include the supervision of a court. In this way, it contrasts with foreclosure by judicial sale. This type of foreclosing process is currently in use in 29 states. It is usually had recourse to by a mortgage holder because it offers a quicker and more efficient process by which to claim the property. Who Benefits From Foreclosure by Power of Sale? As with most other forms of these proceedings, the sale of the property will first benefit the holder of the mortgage. After their share of the proceeds is received, next in line will be all other parties who claim a lien on the property included in the mortgage. Last comes the person who took out the mortgage. If any proceeds are left after the other parties have been paid, they will receive whatever is left from the sale. The Power of Sale Clause Needs to Be Written into the Actual … [Want More?...] about Foreclosure by Power of Sale
Neighbors Trees
Trees seem to be something that neighbors often disagree upon. For example neighbors worried about a tree falling on their home and causing damage or trees that may block views of a scenic property. In some cases the trees may actually help by blocking things that people would not want to see anyways like garbage and cutting down these trees can cause many disputes among neighbors. There is a lot to know about neighbors and trees. Ordinances An ordinance will typically be in place in areas that have views or places near an ocean. The view ordinance will require that the person who has the tree that is blocking such things keep it trimmed so that the view is no longer blocked or he will have to cut it down. The person who is having the issue with the tree is able to sue the tree owner in order to make the above happen. You will need to check your local tree ordinances because there may be some limitations in your area. These limitations could include: A particular type of tree … [Want More?...] about Neighbors Trees
Types of Construction Defects
Types of Construction Defects: A Basic Guide for a Better Understanding Introduction Construction defects can come in many shapes and sizes. They can also come for an assortment of reasons. Subsurface deficiencies can range anywhere from the planning to the implementation stage. They can be found during an inspection. They can be found when a certain type fo supervision has failed. These different types of construction defects are not relegated to the construction of a new home or building. They can come by way of any kind of remodeling job. Say a homeowner wants to remodel his or her bathroom. They want to make an addition to what is already there. There could be some subsurface deficiencies that are not brought to light right away. This can happen during the planning stages. Sometimes it gets to be too late by the time the contractor gets to the inspection stage. The only recourse at this stage is to strip it down and start over again. This costs the construction company … [Want More?...] about Types of Construction Defects
Arbitration
Arbitration Overview Pursuing a case in court can be time consuming and expensive. You have to pay for filing fees and court costs as well as attorney retainer and hourly fees if you retain legal counsel. When you want to reach a legal resolution to your legal matter without spending a lot of time, money, and effort, you may consider going through an arbitration process. An arbitration agreement is legally binding and may be appealed or altered if appropriate. You can decide if arbitration is right for your particular matter by learning the answer to what is arbitration and in what circumstances can you utilize this alternative to a court trial. The most basic arbitration meaning can be explained by considering the difference between arbitration & mediation. Mediation is an ADR, or alternative dispute resolution, that typically does not require the presence or inclusion of arbitration lawyers. Arbitration can include the use of arbitration lawyers, however. In fact, the … [Want More?...] about Arbitration
Homeowner Liability For Trespasser Injuries
Homeowners must be sure to keep the proper amount of insurance to avoid out-of-pocket expenses if an unexpected event arises. Insurance policies cover damage to your home but also covers injuries when someone is hurt on your property. While it may be difficult to believe, you may be held liable when an uninvited guest is injured on or near your home. Below is an overview of personal injury law and how it pertains to homeowner liability for trespasser injuries. If you are facing a lawsuit in a similar situation, it may be a good idea to speak with a lawyer for advice. What Is A Trespasser? A trespasser is a person that you have not given permission to be on your property. In many cases, landowners have frequent trespassers such as hunters who routinely enter the property without the knowledge of the landowner. While the law does not require you to protect these people, you can not take steps to injure them. When Is A Landowner Liable For Trespasser Injuries? Homeowner … [Want More?...] about Homeowner Liability For Trespasser Injuries
Personal Injury
Personal injury is a legal term that refers to specific injuries and illnesses that are not self-inflicted but rather incurred in events beyond the sufferer's control. It does not refer to damages to property but rather harm inflicted on a person's body, mind, or emotions. Personal injuries can stem from incidences like: vehicle or roadway accidents on-the-job accidents trips and falls defective products medical negligence exposure to chemicals, smoke, noise, and other toxins Physical injuries can range from bone fractures, sprains, and dislocations to loss of senses like hearing or sight. Illnesses that fall under the personal injury legal category include: asthma COPD emphysema lung cancer People who suffer these types of injuries and illnesses may be able to retain a personal injury lawyer to help them seek compensation and justice in court. An injury lawyer typically practices tort law and may be a member of a personal injury law firm. The … [Find Out More...] about Personal Injury
How to Hire a Criminal Lawyer
If you are wondering how soon you should hire a criminal lawyer, the answer is right away. This is not the sort of action you can afford to delay. The very moment you get released on bail or on your own recognizance, you should contact a lawyer. You need to get the ball rolling immediately in order to start collecting all of the evidence and documentation you need to organize your defense. A criminal lawyer can give you expert assistance in this crucial matter, especially as you have only so much time before your trial is set to begin. The Very First Thing You Need to Do Is Clam Up If the officer at the scene decides that arresting you is their best move, you can't really do much to fight it. If you do, you will only be aiding their cause by enabling them to add extra charges to the list. However, once you are under arrest, they do have to read you your rights. One of them is the right to remain silent and this is exactly what you should do from now until the moment your lawyer … [Find Out More...] about How to Hire a Criminal Lawyer
Discrimination Lawyers
What Are Discrimination Lawyers? Discrimination lawyers are attorneys who are trained and licensed to defend people who feel that they have been discriminated against in some manner. These lawyers specialize in this area of law and know the current state and federal regulations regarding this offense. Discrimination can include unfair or unequal treatment because of: race gender marital or parental status disability age religious affiliation sexual orientation political affiliation Discrimination is a crime in all 50 states as well as in U.S. territories. It can negatively impact a person's ability to secure essential services in society including: housing education medical care financing public services People who are discriminated against may find it more difficult or impossible to start their own businesses or gain employment. This crime violates victims' human rights. However, proving it in a court of law can be difficult as well … [Find Out More...] about Discrimination Lawyers
Car Accident Lawyers
An auto accident is traumatic enough without having to worry about its prolonged aftermath. As the initial shock of the accident wears off, your attention may then turn to who is at fault and how much it will cost you to repair your car, see a doctor for your injuries, and just cope with getting your life back on track. Regardless of whether or not you are at fault for the car accident, you may be able to regain some sense of normality quicker by retaining a car accident lawyer. A car accident lawyer specializes in protecting people after an auto accident, truck accident, or motorcycle accident. This attorney also knows the traffic and personal injury laws in your state so that you get the best outcome if your case goes to trial or either party involved wants to settle out of court. A car accident lawyer likewise can be an important ally if you have been in an accident because of a mechanical or manufacturing defect in your car, truck, or motorcycle. Your lawyer may be able to … [Find Out More...] about Car Accident Lawyers
How to Hire a Personal Injury Lawyer
How to Hire a Personal Injury Lawyer Getting justice for an injury doesn't need to be a full-time goal that takes years to fulfill. If you have recently been the victim of an accident in which you were not at fault, it's time to get legal help. There's no need to try to go it alone against the party that caused your accident. You can hire a personal injury lawyer to make sure that you get the full settlement you need to pay off your medical bills and regain your full quality of life. It's easier than you think and it won't cost an arm and a leg. If You Have Been Seriously Injured, You Need to Hire an Attorney If you have recently received serious injuries due to the neglect or willful intent of another party, there's no need for you to sit back and accept what the insurance company decides is an "adequate amount" on your behalf. You can hire a personal injury attorney to get the justice you deserve. An attorney is a person who can help you file your claim against the person or … [Find Out More...] about How to Hire a Personal Injury Lawyer
What is a Police Department?
A Police Department is often one of the most important aspects within a town or city. People depend on the help of the local police department and police station to maintain law and order in their local area. So it is important that you know where your nearest police department is if you ever need them. A police officer is responsible for some different aspects of local law enforcement. The police station serves as the local police headquarters that helps maintain community legislation and order in your area. The Police Department or police station takes care of a vast number of tasks and responsibilities each day that helps keep people safe and allow an officer a place to report to. What is a police detective? A police detective is a police officer who goes undercover to solve crimes such as murder, robbery, theft, and other crimes. They sometimes work with the local Police Department to combine their resources to find perpetrators or issue APB's (All Points Bulletins) to locate … [Updates...] about What is a Police Department?
Magistrates Court
If you have to go to court, you might hear the word magistrate. In some cases, the court has the option to assign your case to a magistrate. This is a person who does the work of a judge, but they're not officially a judge. In the U.S. legal system, magistrates help the judicial system save time and money. A magistrate might hear your entire case, or they might only preside over the first few hearings. Where does a magistrate get their power? Magistrates court is a division of a federal or state court. Both the federal courts and state and local courts can utilize magistrates to fulfill their duties. Each court can decide how many magistrates they want and need in order to make their court function effectively. The answer to what is a magistrate judge depends on the powers that the court assigns to them. Usually, their power is limited to hearing only certain types of cases such as criminal law. In other cases, they'll preside only certain parts of a case. For example, a … [Updates...] about Magistrates Court
Superior Court
Superior Court Overview The American judicial system is made up of thousands of courts that function at all levels of government. This tiered system is designed to expedite the legal process and to help people get closure and justice in the timeliest manner possible. Superior courts exist near the top of this tiered system and have rank over courts that are lower than them. Superior courts fall just below the U.S. Supreme Court, or SCOTUS, which is itself the most superior court in the country. Superior courts can be found in hundreds of jurisdictions in the U.S. and are capable of hearing and deciding a plethora of legal cases. Learn more about what a superior court is and how you can find a superior court near me if or when you need to file a case that qualifies for the court's docket. What is a Superior Court? A superior court is a court that is literally higher or more superior than the courts that function lower in the judicial tiered system. The superior court … [Updates...] about Superior Court
How to Get Out of Jury Duty
Receiving a jury summons can be an intimidating experience. However, there is no need to panic. Serving on this duty isn't always the long, tedious, and costly affair that many TV shows and movies make it out to be. Jury duty usually only lasts for 2 or 3 days at the most, and many such experiences come to an end long before that. There's no reason to think you're going to be sequestered away for weeks on end, only to lose your job and benefits when you finally reappear. This is almost never the case in real life. But if you do want to avoid jury duty, there are ways you can go about it. Do I Have to Go to Jury Duty? A jury summons is binding. There are very few legitimate excuses to get out of jury duty. This means that the answer to the question, "Do I have to go to jury duty?" is, in most cases, yes. However, if you have a really good excuse that is approved by the court, you can get out of it. Read on for a few excellent hints and tips that will furnish you with excellent … [Updates...] about How to Get Out of Jury Duty
The Old Courthouse
Keeping the peace and order in society requires the use of legal action when necessary. While law enforcement officers like the police and sheriff can maintain order through patrols and watches, they need the help of other legal professionals to assist them in this task. Likewise, the citizens of a city, county, state, or country have the right to pursue legal action of their own as necessary. They can accomplish this action and possibly achieve the outcomes they want by filing cases at their local courthouse. The exact courthouse where judicial actions are filed and presided over depends on the type of case being pursued. Discover what kinds of courthouses are in operation throughout the U.S. and what purpose these courthouses serve in their communities. What is a Courthouse? A courthouse is a building that houses the judicial system for an assigned boundary. It also may serve as the location of city, county, state, or federal government offices. Courthouses are typically … [Updates...] about The Old Courthouse
What Is Aggravated DUI
What Is Aggravated DUI / DWI? Driving under the influence of drugs or alcohol is a serious offense in and of itself. However, you can make it worse by combining it with other crimes that would lead to you being charged with an Aggravated DUI. So What Is Aggravated DUI and how is an Aggravated DUI prosecuted in court? You can act in your own best interests and possibly be able to rebuild your future quickly by learning what leads to you being charged with an Aggravated DUI today. DUI versus Aggravated Driving Under the Influence You may already know that a DUI is defined as driving under the influence of drugs or alcohol. This crime can lead to serious consequences that include being fined to serving time in jail. However, you can face worse legal ramifications if you are charged with an Aggravated DUI. What is Aggravated DUI? In its simplest terms, an Aggravated DUI is a DUI that is paired with a factor that makes the offense worse than what it would be by itself. The … [Explore...] about What Is Aggravated DUI
DUI Trivia Questions – Part Three
Can You Get Fired For A DUI or DWI? One of the biggest questions that people ask when they receive a DUI charge is, "Can you get fired for a DUI?" The majority of job applicants understand that they have to be 100 percent honest when they complete a job application. If the application asks if they have received a conviction for a crime in the past five years, for example, they have to be honest when they provide their answers. The same applies if the application asks if they have been convicted in the past seven years, 10 years or ever. Not everyone knows what happens if the person already has the job, however. The following material explains the impact that a DUI or DWI charge can have on you if you are wondering what happens if you already have a job. The Concept of a DUI The truth is that a charge of DUI is a severe charge that may affect your job. The police are accusing you of acting irresponsibly in more than one way. First, they are saying that you have ingested an … [Explore...] about DUI Trivia Questions – Part Three
DUI Trivia Questions – Part Two
Can You Be a Firefighter With a DUI? Meta Description: Want to be a firefighter but have a DUI? Don’t give up your dreams. Learn how to overcome your DUI and start your career as a firefighter today! Do you want to be a firefighter? Have you been arrested for a DUI? If convicted, you may have a hard time becoming a firefighter, but the possibility is definitely not out of the question. Laws pertaining to the hiring of firefighters and determining their fitness to serve vary by county and state. Different departments also have their own policies in place regarding prior convictions, including DUIs. Despite these differences, all firefighter candidates must “pass” a Bureau of Criminal Investigation background check. The good news is, however, that the decision often rests in the hands of the hiring manager, keeping alive the possibility of becoming a firefighter with a DUI. Automatic Disqualifiers While an understaffed department with a lower candidate pool may be willing … [Explore...] about DUI Trivia Questions – Part Two
DUI Trivia Questions
How Much is Bail for a DUI or DWI? Meta Description: Arrested for a DUI? Don't let bail and fear of the unknown get you down. Talk with an experienced DUI lawyer and discover your options today! Most people like to enjoy a drink every now and then, but any good feelings can quickly dissipate when arrested for a DUI. Thousands of DUI arrests occur each day across the U.S., and many who are charged have no idea their blood alcohol content is over the legal limit of .08 percent. If you find yourself in such a situation, it’s important to know what to expect and the process for posting DUI bail. How Much is Bail for a DUI? – First Things First Before answering the question of how much is bail for DUI arrests, you first need to understand the booking process. After the arrest is made, DUI suspects are typically transported to the county jail and “processed” or “booked.” Before you can post DUI bail, a police officer will: • Take your personal information • Record information … [Explore...] about DUI Trivia Questions
Long Term Impact of a DUI
How Long Does A DUI / DWI Stay On Your Insurance? If you have been convicted of driving under the influence or a related crime, you need to know how long DWI stays on your insurance. The answer may surprise you. Everyone makes mistakes. Some mistakes, however, can have longer-term effects than others. Getting a DUI or DWI can be a mistake with lifelong ramifications if you do not take steps to reduce the effects and get your life back. One of the consequences that many people do not expect is the sharp increase in the amount that they pay for auto insurance. Many insurance companies have special DUI insurance rates that will be much more than what you were paying before. DUI/DWI and Auto Insurance Rates A conviction for driving under the influence will raise the rates you pay for auto insurance - but by how much? The exact number will vary by your policy and insurance company as well as the exact charges added to your record. This is because you are now viewed as a higher … [Explore...] about Long Term Impact of a DUI