4 Serious Consequences Of A Domestic Violence Conviction

Domestic violence charges are serious, and courts around the country are cracking down on those who are arrested for these types of offenses. If you have been charged with a domestic violence offense, it is essential to hire a good criminal defense lawyer as quickly as possible. Failure to have legal counsel can reduce your chances of getting the charges dismissed or being offered a favorable plea deal. Being convicted of a domestic offense charge has serious consequences, such as:

Loss of 2nd Amendment Rights

Few people know that a domestic violence conviction, even if the charge is a misdemeanor, results in a permanent loss of 2nd Amendment Rights. The United States Congress passed the Domestic Violence Offender Gun Ban in 1997, and it does not appear that the law will be repealed any time soon. Under the gun ban, domestic violence offenders are prohibited from shipping, transporting, owning, or using firearms or ammunition. If you are in the military or law enforcement, a domestic violence conviction can threaten your career.

Inability to Get a Fingerprint Clearance Card

Many professions, such as those involved in education, social work, and some medical jobs, require a person to obtain a fingerprint clearance card before they can be employed. If you have a domestic violence charge on your record, you will not be able to get a fingerprint clearance card. In the event that you already have a fingerprint clearance card for your job, you will not be able to renew it if you have a domestic violence conviction. This fact can greatly impact your career, especially if you spent a lot of time and money going to school in order to enter a specific profession.

Difficulty Getting a Good Job

In this day and age, most employers use background checks to learn more about a person before offering them employment. When you have a domestic violence conviction, it will haunt you for a long time and will always show up on any background check that a company does on you. Your conviction may lead to an equally qualified candidate who does not have a criminal record getting hired instead of you.

Problems Renting

Like employers, landlords also use background checks to screen tenants. Having a domestic violence conviction may make landlords uncomfortable or nervous about renting to you, and it is possible that other potential tenants without any convictions will be chosen over you when renting a property. Contact a lawyer, such as Maury K Cutler, for more information. 

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2 Reasons To Hire A Workers’ Compensation Attorney

Trying to file a workers’ compensation claim can be a bit time-consuming and confusing due to all of the regulations and red tape that the process typically entails. However, a workers’ compensation attorney can not only help you streamline the process but also can increase your chances of successfully receiving your benefits. Listed below are just two of the many reasons to hire an attorney to help you with the process.

Increase The Chances Of A Successful Claim

The biggest reason to hire an attorney to help you out with a workers’ compensation claim is to ensure that you have the best possible chance of receiving your benefits. The first thing that your attorney will do is assist you with filing your paperwork and reviewing your application for any errors before it is sent in. This is very important, as seemingly basic or simple errors could cause your application to be denied immediately or increase the amount of time that the entire process will take. 

Another way that your attorney can increase your chances is sending you to multiple doctors so that you have multiple medical opinions backing your claim up. This will not only help you fight any attempts by your employer to have your claim denied, but it will also help to ensure that the severity of your injury is properly documented and presented when you file or appeal a denial. This is vital, as it is not uncommon for an employer to attempt to minimalize or trivialize your injury to limit the amount of money that he or she will have to pay on your claim.

Legal Defense From Employer Retaliation

Your attorney is also going to be available to provide you with legal options if you feel that your employer is attempting to penalize you for filing a claim or successfully receiving workers’ compensation benefits. This type of employer retaliation can take many forms, such as transferring you to a less desirable position without cause, reducing your hours, reducing your wages, firing you, or simply creating a hostile work environment. In that situation, your attorney can contact your employer and remind them that this activity is illegal or assist you in filing a lawsuit.

Contact an attorney like Paul F Guthrie today if you have sustained injuries while at work and need assistance with filing a workers’ compensation claim. An attorney can increase the chances of you receiving the benefits that you require and are entitled to, while also providing you with legal options should your employer attempt to penalize you for filing a claim when you return to work.

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What You Should Know About Child Custody Cases

When you are filing for divorce, one of the things you will need to figure out is your child custody arrangement. This is often one of the most stressful parts of a divorce, so it helps to learn more about it before proceeding.

You Need To Provide A Stable Home

If you are attempting to get sole or shared custody of your children, you need to prove that you can provide for them. You will start by showing that you have a job and can financially take care of them. If you are the spouse that moved out of your home, you need to move somewhere that is safe and family-friendly to provide your children with a stable home environment. Whether it is a house or an apartment, have enough space for your children, making sure the home is large enough to accommodate everyone. With a stable home environment, you have a good chance of getting shared custody at the very least.

Time Spent With The Kids Makes A Difference

One important thing to note when you are going through a divorce and potential child custody case is that the amount of time you volunteer to spend with your children can make a difference. If you and your spouse both prove to be fit parents to raise your children, the judge will look at small details to decide who gets custody of them. Even in shared custody cases, they need to decide which parent is more fitted to have the children living with them the majority of the time. You want to know not only that you are capable of taking care of your children, but that you want to spend time with them. Continue visiting with the children through the divorce, even if they aren’t currently living with you. This shows the courts that you care enough to drop what you are doing just to get more time with your kids.

Children Have A Say In Living Arrangements

What many parents don’t realize when they first get divorced or separated is that with child custody arrangements, the children might have a choice. Many judges want to speak to the child, depending on their age. They will ask the children which parent they want to live with. This can be a hard choice for children and teenagers, but in some cases, the child has a good reason for choosing one parent or the other. It may come down to the parent themselves, the home, or the neighborhood where their friends are. 

For more information on child custody issues, talk to a family law attorney like those at The Law Offices of John G. McGill, Jr.

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A Couple Important Benefits of Working with a Commercial Real Estate Lawyer

Starting a business can represent a major investment for a person to make, and one of the largest aspects of this investment will be the building and property for the enterprise. As with any type of real estate purchase, it is important for you to be informed about this process to ensure that you avoid making some common errors and oversights. To this end, working with an experienced commercial real estate lawyer can be an excellent option for ensuring that you have easy access to legal counsel during the buying process. More precisely, there are two ways that a commercial real estate attorney can help you during this process.

Researching the History of the Property

Many people may be shocked to learn that it is critical to research the financial history of a property before they decide to purchase it. It is possible for debtors to have accrued liens against the property. If you make the major error of purchasing a property with a lien against it, you may be forced to repay this lien at some time in the future.

Luckily, your commercial real estate attorney will be able to quickly and effectively review the history of the property to ensure that there are no active liens or collections against the property that you are considering buying.

Gather Information for Conducting a Business Study of the Location

Before choosing a location for your enterprise, it is important to perform a comprehensive business analysis of the area. This is important for ensuring that there is enough traffic in the area to sustain your enterprise. You might not know where to gather the information to perform this analysis, but your attorney will be able to help you with the task. In particular, they will be able to gather the information you require from the various local government agencies. While there may be a fee for this type of service, it can save you from spending many hours attempting to track this vital information down on your own .

Buying commercial property can be a major investment for anyone. Don’t make the mistake of failing to appreciate the numerous benefits of working with a commercial real estate attorney during this process. Having the attorney research the history of the property as well as gather the information needed for a business study will help you make the best choice possible for your business’s new location with as little stress or chance of error as possible. Look for an attorney like Steve Butcher Sr in your local area.

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An Introduction To Child Custody After Divorce

If you are considering the possibility of divorce, then you have a stressful road ahead of you. You will need to divide up finances, assets, and maybe even child custody. To help make the process a bit easier for you, here are some ideas to consider when it comes to child custody, including which kind of custody is best and the difference between physical and legal custody:

Which type of child custody is best for your children and your situation?

You will also want to think about what is best for your children. While joint custody is a good compromise in some cases, sole custody can also be very appealing.

Joint custody is best when both parents want to play a role in the life of their children. Joint custody normally has a primary caretaker, who will retain custody of the child the majority of the time. It’s common for one parent to be given weekends or a few days out of the month, but you could evenly split custody between both parents as well.

Sole custody is a better choice if one parent does not want to participate in their children’s lives, or if you feel that the other parent would be a danger to your children. It can be difficult to convince a court to grant sole custody, so you want to have all of your ducks in a row before you make an argument for exclusive custody.

What is the difference between legal and physical custody?

You might also hear the terms legal and physical custody mentioned. They are sometimes the same thing, but that isn’t always the case.

Legal custody essentially refers to the ability to make decisions on behalf of the child. This can mean picking the school for the child, their religious upbringing, and medical treatments. In many cases, legal custody is shared, since both parents want to have some role in the child’s life. If there is shared legal custody and one parent goes against the wishes of the other, then you could end up with a battle in court. These battles rarely end in money changing hands, but rather in court orders to abide by the terms of the divorce.

Physical custody is essentially who has custody at any given time. When you give the children to your ex-spouse for their days or weeks with the child, then you are relinquishing physical custody and transferring it to the other parent.

For more information, contact firms like The Law Offices of Paul F. Moore II.

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Common Reasons For Short Sale Refusal

If you’re buying a home through a short sale, it means that you’ll be paying less for the house than the current owner actually owes on their mortgage. In most cases, short sales are an attempt for the current homeowner to avoid a foreclosure. In those cases, you’ll need to negotiate with the bank that’s holding the mortgage to buy the house for less than it is worth while also absolving the current owner of any deficiency on the loan amount that he or she had. While short sales are a great option in some cases, they don’t always work out. Here are a few reasons why the lender may refuse a short sale offer.

The Lender Sold The Loan

If the lender sold the loan to another servicer, the originating lender may not have the authority to approve a short sale. In that case, you may have to pitch your offer to both the originating lender and the new servicer. If either of the lenders involved are not willing to negotiate, you won’t be able to close the sale. Sometimes, having a real estate lawyer involved in those negotiations can make the lenders a bit more willing to discuss options.

The Buyer or Seller Cannot Qualify

In order for you to secure a short sale agreement, you’ll have to be able to show proof that you can finance the home purchase. If you cannot qualify for the mortgage or don’t have documentation that you’re pre-qualified, the lender is likely to refuse the deal.

Additionally, the seller needs to meet specific guidelines in order to be eligible for a short sale resolution to the mortgage issues. Before listing the home as a short sale, most sellers will reach out to their mortgage company to ensure that they meet the qualifications, but if the seller fails to do that, you may find your offer rejected because the seller doesn’t qualify.

The Offer is Too Low

Another common reason why you may find your short sale offer declined is if the offer you make is too low in the eyes of the bank. In those cases, you can either increase your offer or talk with a real estate lawyer about a reasonable appraisal for the property. That way, you can show clear evidence that supports your offer, or you can adjust your offer accordingly to match the appraisal and be more reasonable.

Short sales are complex procedures, and they often require the support of a lawyer like those at Bangs McCullen Butler Foye & Simmons LLP to help you with negotiation and completion. With the information here and the help of a real estate attorney, you’ll be able to increase your chances of short sale success.

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Chapter 7 Bankruptcy Automatic Stay FAQs

Although there are several benefits to filing for a Chapter 7 bankruptcy, one of the most important is an automatic stay. The stay prevents your creditors from taking legal actions against you. However, the stay does has its limitations. If you are filing for bankruptcy, here is what you need to know about the automatic stay.  

What Legal Actions Does the Automatic Stay Stop?

In most instances, the automatic stay can stop collections and lawsuits from a range of creditors. For instance, the stay can stop credit card companies from taking action. It can also stop collections:

  • Medical care providers, such as hospitals and doctors
  • Internal Revenue Service
  • Wage garnishments
  • Mortgage lenders
  • Car loan lenders

Your bankruptcy attorney can help assess your other debts and determine whether or not the stay will apply to them. It is important to note that some debts do come with exceptions. For instance, if you owe taxes to the IRS, the stay can stop the agency from collecting, but once the stay is lifted, the agency can continue in its efforts to collect on a tax debt. 

What Does the Automatic Stay Not Cover?

Even though the automatic stay covers a large majority of debts, there are some instances in which some debt collectors are allowed to proceed. Debts, such as child support and alimony, can still be collected through various means, including wage garnishments, if necessary. 

The automatic stay also cannot help if you are being evicted from your home and the final order of possession has been issued by the court. However, if you have not yet had your day in court, your landlord will have to wait for the stay to be lifted to take action. 

If you have filed for bankruptcy in the past, it can have a bearing on the automatic stay. If you have had another bankruptcy filing within the last year, the stay is limited to 30 days. If you have had two or more repeated bankruptcies in the last year, there is no automatic stay. 

Can the Stay Be Lifted Early?

There is a possibility that the automatic stay can be lifted early. A creditor can ask the court to remove the stay so that it can proceed with taking action. Whether or not the court agrees depends on the situation. 

For instance, if the creditor claims that the asset is rapidly depreciating and it must be immediately sold to attempt to gain some proceedings from it, the court might lift the stay.

To determine exactly what is covered by the automatic stay and to learn your options for handling those debts not covered by the stay, consult with an attorney (such as one from Reppe Law Office).

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