Things to Know About Domestic Violence Laws in the US

In every household there comes a time that an intense verbal argument occurs for a number of reasons: jealousy, financial problems, sibling rivalry, etc. However, sometimes people may physically assault a family member because they cannot control their anger, want to assert control or may have been verbally provoked. In so doing, the aggressor has committed Domestic Violence.

Whenever such serious matters occur, you may think of seeking outside help either by calling the police or by consulting an attorney. It is preferable to discuss the issue with an experienced legal professional first, since you may have trouble handling the legal ramifications that may ensue following the crime’s disclosure.

The aim of this article is to provide an overview of the most important legal aspects of Domestic Abuse, in a simplified and accessible way and to provide a starting point for more specialized study.

1. What is Domestic Violence?

Any person who physically abused a family or household member has committed the crime of Domestic Violence. Domestic assault is a distinctive and more serious case than Assault and Battery -which involves strangers- and is treated accordingly.

2. Domestic assault can be difficult to prove.

The easiest way to identify an abused victim is by looking for signs of assault on the body (scratches, bruises, etc.). In the absence of such evidence, eye witness’s testimonies are valuable, but are not always available. What adds complexity when evidence is inconclusive, is that it can be hard to prove the crime or ascertain who the instigator was (both parties can claim to have been abused or acting in self-defense and the aggressor could deny the charge).

3. The severity of the assault, the victim and the aggressor’s medical history and potential addictions are taken into account for the sentence.

Simply put, an aggressor who slapped his spouse will be punished more leniently, than one who punched and kicked her. If a child was abused the law is more severe. A person with addictions (a drug-user or an alcoholic), or mental disorders may also be required to undertake therapy.

4. If domestic abuse is reported, it can severely disrupt family relations.

Domestic assault is a serious criminal charge, which means that if the authorities find out about the crime, they are obligated to take legal action, whether the victim intents to or not. The state laws of Virginia dictate that the authorities can issue a no-contact (protective) order, effectively prohibiting any form of communication between the aggressor, the victim and the rest of the family.

5. First time offenders can have their case dismissed or may be judged more leniently.

The guilty party can have their sentence dismissed, if they have never committed a crime before. It is also possible that the state offers a plea bargain to the accused. If the abuser admits guilt before the case goes to court, the sentence can be more lenient.

6. The alleged abuser’s and the accuser’s personality and habits play an important role in court.

A person with a toxic and abusive personality, will have a harder time convincing the court about his innocence. On the other hand, the accuser may have an ulterior motive or may be a habitual liar. All of the above aspects come into play when the case is tried.

7. It’s advisable for both parties to avoid contact after the crime has been reported.

Whether you are the accuser or the perpetrator it is preferable to refrain from communicating between each other, as any form of contact could have a detrimental effect to your case, especially if a protective order is in effect.

Conclusion

Domestic Violence can be a complex and challenging crime to handle. Whether you decide to press charges against an abuser, or think you have been wrongfully accused, you should always consult with an experienced criminal law attorney.

Which Country Is Better for a Permanent Residency Visa – Australia Vs Canada

Both Australia and Canada are beautiful countries; both have high living standards and quality education to offer. Both have common elements including British heritage among other things. Both these countries are popular among the immigrants who are thinking to migrate. People often approach us looking for Visa Immigration Services but most of them are always confused between Australia and Canada. So, here are some comparisons made out.

Australia the smallest continent in the world but is the largest island with warm weather, typical climates are temperate, subtropical or Mediterranean. Canada has mostly the continental type of climate it’s very cold here, during winters. The northern part of Canada mostly covered with snow for around 6 months. When comes to unemployment, Canada has the higher unemployment rate which is 7.1% whereas Australia has an unemployment rate of 6.0% also immigration to Canada is easier and less stringent. The cost of living including housing, rent, groceries are a little high in Australia than in Canada. Healthcare system is slightly better in Australia. People of Canada are friendlier towards the immigrants than in Australia. It would be bad and judgemental if it’s said Australia is a racist country which is not anymore, even though few cases of racism are found but then those don’t make the headlines. Canada is ethnically diverse and multicultural nation which is a product of large scale immigration from many parts of the world.

For permanent residency, both countries follow a point based system, the processing is around 3-4 months in Australia where as in Canada it’s around 5-6 months.

Permanent Residency in Canada

To become a permanent resident, a foreign national must make an application to IRCC (Immigration, Refugees and Citizens of Canada). There are various ways in which one can the fastest being The Express entry system. The express entry is considered the fastest in Canada it has 2 stages first, apply for PR invitation and get selected from a pool of candidates based on total point score (based on age, language, work experience, studies etc.). Secondly, on receiving an invitation, the visa application form has to be to the immigration office. Then it is processed by the IRCC within 6 months from the receipt of application. The PR in Canada sub categorised as federal PR and PNP (Provincial nominee program), the former is applicable all over the country. PR expires after every 5 years and has to be renewed after 5 years. The benefits being a permanent resident holds same rights as Canadian citizens, they also may obtain other social as well as Canadian pension plan benefits.

Permanent Residency in Australia

The processing time is around 3-4 months for key permanent residency visas. There are the skilled independent visas and the skilled nominated visas. To apply for PR one needs to follow the point based immigration system firstly there has to be an online submission of an application that is EOI (Expression of interest) in Skill select online system which is an online form which asks a series of questions about your skills depending upon the visa subclass you select. The score is calculated based on education, skills, experience etc. And if you are selected you will get the ITA for the visa.

Also, there’s another factor that affects your visa which is the rules and regulations, considering the immigration rules and policies of both the countries Canada has easier and flexible immigration rules.

Finding a Good Probate Lawyer

Searching for a lawyer in New York is not all that difficult to do. There are a ton of different lawyers available, however you want to make sure that you find one that is not only going to be honest, but one that is specializes in whatever case you are in. Finding a New York probate lawyer doesn’t have to be hard; with our tips and tricks, you should have absolutely no problems at all.

One of the very first things you need to find out about your lawyer is if they are credible. You never want to get a lawyer that does not have a decent enough reputation, and there are tons of different ways to check this out. Whether it is looking into some of their past cases or you can even go to the bar and investigate any lawyer without actually hiring them.

The next tip is to find a lawyer who has particular experience in probate law. Probate can become very complex, and you want to make sure that the lawyer you choose is capable of handling any obstacle that may arise during the course of your case.

Taking recommendations from friends and family is a fantastic way to find a very good and trust-worthy New York lawyer, so make sure that you check with them. The internet is another great place to find all sorts of information on New York lawyers, so you can really check out their past cases.

Finding out what the legal fees will be before you commit to one lawyer is another thing that you want to make sure that you do – that way you can make sure that you are not overpaying for a lawyer, which can be very common in New York. Just do a bit of comparison shopping and you should be absolutely fine!

You really should try to do a comparison using the internet. Many New York probate lawyers have websites that will give a brief description of their services, and sometimes even the fees for those services. With all of the websites pulled up side by side, you can easily do a comparison rather than having to phone up several different firms.

Importance of Immigration Lawyers

Immigration lawyers generally help their clients in issues relating to visas, citizenship and other immigration benefits. Not all instances require the services of an immigration lawyer; however, immigration law in many countries is quite complicated and hiring an attorney will save you money, time and the hustle of moving around immigration offices.

Why should you hire an immigration lawyer?

  • An experienced and competent immigration attorney understands the law thoroughly and will be up to date with recent changes to the law. Moreover, the attorney will know the right procedures, administrative forms and all requirements to appropriately handle your case.
  • You can rest assured that your interests and rights will be well represented and defended. He/she will ensure that you are adequately protected from any form of abuse and exploitation and bar you from making critical mistakes. You’ll also receive regular updates on the proceedings of your case.
  • Immigration lawyers have to adhere to the set professional standards and will therefore commit themselves fully to offering quality, accurate and professional services. Their accreditation helps them maneuver the complicated immigration bureaucracies.

How to find an excellent immigration lawyer

A good immigration advocate can impact positively on your case and this is how to get your hands on one:

  • Ensure the potential lawyer is trained and licensed to handle cases similar to yours.
  • Do some research on the lawyer you’re about to hire and check the reviews he/she has received from clients. Now that will help you make a wise decision.
  • The lawyer you intend to hire should give ethical advice while also restraining from illegal practices such as bribing.

When should you call an immigration lawyer?

You will definitely need to seek the services of an immigration lawyer if you encounter the following:

  • If you have been deported from the country you were living in and you wish to return.
  • If you have committed a criminal offense or have been convicted of a criminal offense and you want to avoid a removal from the foreign country.
  • If you are planning to move to another country for work and your employer is not in any way assisting with the immigration process.
  • If you are requesting for any form of exceptional benefits that the state would not ordinarily offer to an applicant in your position.
  • If you had immigration application denied or refused.
    The list could go on and on but the bottom line is that you shouldn’t hesitate to call an immigration lawyer when faced with any immigration issue.

What to expect from your immigration lawyer

If you have hired a good lawyer, here is what to expect:

  • He/she should be respectful, ethical and professional.
  • He/she is knowledgeable on the complexities of immigration laws and also experienced to handle your case.
  • Charges reasonable fees after providing the estimates in advance.
  • He/she works diligently throughout and ensures that your case goes to a successful completion.
  • Helps you in making the right decisions, keeps all information confidential and also keeps you posted on the details of your case.

Some Laws To Protect Your Automobile

People tend to face numerous issues with respect to their automobiles. Some of the most common problems that people face are:

  • Buying a defective car and getting refused a refund, fixing and replacement by the manufacturer.
  • After completing a final loan contract, you are asked to sign a new contract with higher down payment.
  • You are trapped with deceptive advertisements and you have been sold a more expensive car.
  • Dealer conceals optional add-ons and undervalues the trade-in during fixing of the deals.
  • Your car is repossessed without your consent by the creditor.

Know Your Rights

There are different laws that save the consumers from auto fraud. Here is a list of various laws and their scheme of protection.

Magnuson-Moss Warranty Act

This law is utilised when a contractor, warrantor or supplier denies complying with a service contract, written warranty or implied warranty.

State Repossession Laws

These laws state that:

  • Your car cannot be removed from a locked garage by the car repossession company without your consent.
  • You can put your car up in auction or you can pay the full money in order to buy back the car.
  • On paying repossession costs or reinstating your loan, you can get your car back in some states.
  • Your car must not be sold below market value.
  • You should be informed whether the creditor will put the car up for auction or not.

State Lemon Laws

Those cars are dealt by lemon laws that have been repaired many times for the same defect. Different states have different lemon laws.

  • Your car should be replaced or refunded by the manufacturer for a substantial defect after four tries.
  • Your car should be refunded or replaced for a safety defect after two tries.

Truth in Lending Act (TILA)

According to TILA, interest rates and other information regarding the loan should be disclosed by the lenders before processing a loan. You can get the best auto financing rate with the help of TILA.

Unfair, Deceptive, or Abusive Acts or Practices (UDAP)

You are protected by UDAP from deceptive, unfair and false acts including the false advertisements.

Contacting an Attorney

You should know about the following, if you want to contact an attorney.

Repair Record

Keep record of the timing of the car when it is out for service and keep track of the repair attempts. Every time you repair the car, do not forget to submit a dated and written list of problems to your dealer.

Notice Required

Before entitling to a replacement or refund, you must go through the notice requirement of your state.

Your Refund or Replacement

Ask the manufacturer for a replacement or refund only after confirming that your car is qualified as a lemon. You may have to go through arbitration if a valid arbitration program is incorporated into your written warranty, in order to get your replacement or refund.

The Major Benefits of Enlisting the Help of a Malpractice Attorney

We often hear in the news and media about people who have suffered from some form of malpractice. Whether it is medical, legal, of another form of malpractice, the problem usually goes unchecked until someone steps up and confronts the issue. If you are a resident of Texas and find that you have experienced the negligence of a health care professional or legal professional, you might want to consider filing a claim with a San Antonio malpractice attorney. Not only will you be forcing the company or professional to acknowledge the problem, but you could also be entitled to compensation for your injury, suffering, and loss of wages.

How can a malpractice attorney help you?

Here are the number of way a San Antonio attorney can assist you in

A. He will help you determine if you have a legitimate case.

B. He will also determine if the case is within the deadline.

C. Assess of damage i.e. loss, pain, suffering etc.

D. He will also file a formal claim on your behalf against the party responsible.

E. Research both in legal and medical terms is the job of your attorney.

F. He will also utilize the opinions of specialists along with their testimony.

G. If a settlement is negotiated he will help with a settlement.

How do you know when it’s the right time to contact a lawyer?

Listed below are just a few of the circumstance in which you should immediately contact a lawyer to begin a claim:

1. If you have become disabled or paralyzed due to an error by a health professional.

2. You have lost a body part due to a surgical error.

3. If you have been misdiagnosed due to the negligence of a lab technician.

4. You have suffered pain or infection due to an object being left inside your body after a surgery.

5. A family member’s life was lost due to a medical professional’s carelessness.

6. If your newborn was injured, permanently or temporarily, or lost his/her life due negligence during delivery or afterward.

Get Justice With a Civil Rights Attorney

Do you think you may need a Phoenix civil rights attorney? Are you being harassed at work? Have you complained repeatedly, and are still not being taken seriously?

Harassment is a very real problem that many people suffer from-usually at work. A person who is harassed because of their gender, race, religious beliefs, sexual orientation, etc. may have tried bringing the problem up with a supervisor, but do not see any change in the behavior of the harasser(s). Unfortunately, this is a catch 22 situation, as quitting could cause serious financial hardship in the current economy, yet staying will result in endless upset for the victim, or even being fired for “complaining” excessively.

If you’re a victim of a similar circumstance, any Phoenix attorney would tell you that you may not be fired legally for complaining about poor work conditions. Harassment on the job is without a doubt a poor work condition.

If you are expecting a new baby and being told that you may not take time off from your job in order to bond with your infant, without being fired, you should know your rights. The FMLA, or family medical leave act ensures this right for you as an American citizen. Anyone who tells you differently is either ill informed or lying. This is against the law, and a Phoenix attorney can help.

Perhaps you have developed an illness which requires you to take frequent and unforeseen time off of work due to treatments, recovery, or a similar health reason; but your employer becomes annoyed and threatens to fire you if you continue to miss work. This, too, is a violation of your civil rights, as stated in the Americans with Disabilities Act. A Phoenix civil rights case may be justified if you have or are in this type of situation at your workplace.

If you believe that you have been or are currently going through a similar situation as one of the above mentioned cases, you should know that your rights need to be defended. Speak to a Phoenix attorney as soon as you can to find out how you can correct the situation.

Copyright Infringement in the Digital World

Downloading files from the internet is not a crime, but if you download files for free which you usually have to pay for, then there’s a problem. The piracy issue occurs when the copyright owners do not get the amount that they are due.

Piracy is the illegal copying and selling of copyrighted materials, but the common misconception is that people don’t think it matters because no one gets hurt. In reality, the evolution of piracy from burning CDs and DVDs to digital copying has affected the global economy. Pirating a physical copy or streaming illegally affects the livelihood of artists too.

Pirated copies are not always great

Most of the time, illegal copies do not have the same quality as the legal content. A pirated movie may have been recorded on a camcorder at the back of a cinema, so the quality is poor. Its content may be grainy or black and white at some parts. Copies downloaded from the internet on the other hand may suddenly stop at some parts and the sound quality can be very quiet and muffled.

Easy digital access

Downloading directly from the computer has become popular among internet users primarily because of the ease of access. Even with the number of sites that offer legal downloads, there are still file-sharing networks that offer free access to copyrighted materials. And it’s sad that many are active in some form of piracy, either through streaming, downloading, or the old school style of buying counterfeit DVDs.

In any case, piracy costs the entertainment industry. It is stealing from the businesses involved in the art. People must remember that nothing is free. Pirate sites make money through subscription costs or advertising when a consumer streams illegal content. The operators of these sites earn from sharing copyrighted materials that they do not own and have no permission to distribute.

How to minimize the problem?

Having internet service providers get on board in helping fight piracy and detect copyright infringements has always been a struggle. It would require content holders to educate people and private entities to be responsible, make them understand the importance of copyright, and encourage them to support different ways to consume content legally like going to the cinema or subscribing to Netflix and other video-on-demand sites.

Piracy may not be easy to kill but it can be reduced. Besides, with all the latest technology coming out, we only need to keep up. Also, there are entities that help fight piracy with the use of software to detect copyright infringements.

Do I Need an Attorney for My Divorce?

Many couples debate whether they need a divorce attorney when mediation is required by the courts. It is recommended, at minimum, consulting with a family law attorney about your options and what is best course of action for your case no matter how well you and your ex-spouse get along.

Below you will find just a few examples of the aspects you need to consider if you are debating whether you should hire an attorney for your divorce:

  • If you have many complicated assets to divide up. If you have accumulated various expensive marital property, you should consider hiring a lawyer. You will want to have a lawyer present if you have complicated possessions you are dividing, like businesses, numerous vehicles, and real property.
  • If your spouse is prone to lying. If your former spouse is known to lie, it could become difficult when it is your word versus theirs in a hearing or mediation session. If they are spreading false information about you, or lying in the courtroom, you need a lawyer on your side to protect your interests.
  • If violence or abuse is ever involved. If any abuse is present, whether it’s related to children, substance abuse, sexual abuse, mental abuse, or any other form, you should always hire an attorney. Not only will the abused spouse not be able to negotiate properly for fear of manipulation or further abuse, but a family law attorney can help take the appropriate steps to protect you and your family.
  • If your spouse has hired an attorney. Your spouse may choose to hire a lawyer to represent themselves at the last minute. We see attorneys appear at hearings and mediation with little to no notice to the unrepresented spouse. If your spouse decides to have representation, you should as well. It will be difficult to make your case against a family law attorney, even if you believe you have a clear and reasonable argument.

There is so much at stake! If you are going through divorce and you are debating on whether you need to hire a divorce attorney, call and speak to a family law firm you trust in your area. An experienced attorney should answer the questions you have, discuss your options and your particular case to help you understand your options during divorce. A skilled lawyer may be an invaluable asset to protect your and your family interests.

Getting a Trustworthy Lawyer Referral

If you happen to be on the hunt for a New York defense lawyer, you might be feeling a bit overwhelmed about where to begin. With so many advertisements online for defense lawyers, how are you supposed to know which one is the best for you? You might turn to an organization called the Bar Association of New York Legal Referral Service, or LRIS.

The New York Bar’s LRIS was founded in 1870 and is intended to be a trustworthy service for residents looking to find qualified New York attorneys to hire. Every single attorney that they recommend has been screened and deemed qualified and capable in their ability as a legal representative.

Simply visit their website, at nycbar site, and select the option for “Legal Referral” – the first option on the tool bar at the top of the page – or the “Looking for a lawyer?” link in the body of the page.

After clicking one of the previous links, you will be taken to a page where you are requested to type in your phone number. Soon after you submit your contact information, a referral counselor will contact you as soon as possible. You will be asked to give them your personal information. They will also ask what type of case you will be dealing with so they can try to find a lawyer who specializes in that type of suit.

Whether you are in need of a New York criminal defense lawyer, or for any other matter, it will be your responsibility to make contact. Whilst they will be informed of the referral, they will not make any attempt to contact you.

Some people may not feel comfortable speaking about legal matters over the phone. In which case, you can choose to go through the online referral process. You should receive contact information through e-mail within about a day’s time.

You may be surprised and please to find out that the New York LRIS service is offered free of charge, therefore there’s really nothing holding you back from finding the best lawyer to defend you!