Regular Post
Written by Canterbury Law Group

Domestic Violence Law: Violence Against Women Act (VAWA)

The 1994 Violence Against Women Act (VAWA), with additions passed in 1996, outlined grant programs to prevent violence against women and established a national domestic violence hotline. In addition, new protections were given to victims of domestic abuse, such as confidentiality of new address and changes to immigration laws that allow a battered spouse to apply for permanent residency.

The key provisions of the Violence Against Women Act are:

  • Full funding of rape kits and legal/court fees for domestic violence protection orders
  • Victim protection orders are recognized and enforced in all state, tribal, and territorial jurisdictions within the U.S.
  • Implementation and funding of special domestic violence crime units in local communities
  • Special domestic violence and sexual violence training for law enforcement officers
  • Ability of tribal courts to try non-Indian spouses or intimate partners of Indian women in domestic or dating violence cases
  • Provision allowing undocumented immigrants who are the victims of domestic violence to apply for a green card in exchange for helping law enforcement officials prosecute their abusers
  • Misdemeanor Conduct

According to the VAWA Act, a misdemeanor crime of domestic violence, “has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.” (Section 921(a)(33)(A)).

Under these guidelines, an intimate partner is a spouse, a former spouse, a person who shares a child in common with the victim, or a person who cohabits or has cohabited with the victim.

Traveling Restrictions

Another area this act addresses is interstate traveling for the purposes of committing an act of domestic violence or violating an order of protection. A convicted abuser may not follow the victim into another state, nor may a convicted abuser force a victim to move to another state. Previously, orders of protection issued in one jurisdiction were not always recognized in another jurisdiction.

The VAWA specifies full faith and credit to all orders of protection issued in any civil or criminal proceeding, or by any Indian tribe, meaning that those orders can be fully enforced in another jurisdiction. Other states recognize orders of protection issued in other jurisdictions.

Landmark Cases on Interstate Provisions

There are several landmark cases that have been decided under these interstate provisions. For example, in United States v. Rita Gluzman (NY), the defendant traveled from New Jersey to New York with the intention of killing her estranged husband. The weapons she took with her were used in the murder. The Second Circuit upheld the VAWA provision over the defendant’s constitutional challenge, and Gluzman was convicted for this crime.

VAWA originally allowed victims of domestic abuse to sue for damages in civil court. However, this part of the VAWA was overturned by the U.S. Supreme Court in United States v. Morrison (2000), wherein the court held that Congress did not have the authority to implement such a law.

VAWA Impact on Domestic Violence Arrest Policies

Another goal of the Violence Against Women Act was to influence state legislators, particularly in regard to arrest policy for domestic situations. In order to receive federal funding, states must adopt certain responses.

The Act authorizes grants to states, “to implement mandatory arrest or pro-arrest programs and policies in police departments, including mandatory arrest programs and policies for protection order violations.” VAWA has had a profound effect on state laws governing domestic abuse.

Questions About Federal Domestic Violence Law? Talk to an Attorney

If you or someone you know has been accused of domestic violence, whether interstate abuse, stalking, or something else, you should strongly consider speaking with an attorney. Furthermore, if you’ve been the victim of domestic violence, you’ll likely have many legal questions moving forward. Start the process by contacting an experienced family law attorney today.

civil domestic violence, criminal law system, domestic violence, Emergency Protection Order, Order of Protection, orders of protection, Restraining Order, Scottsdale Attorneys, Scottsdale Legal Help
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Filing A Domestic Violence Lawsuit

For those who have been wrongfully damaged by another party, tort law offers civil legal remedies, typically in the form of monetary compensation or injunctive relief (the court directing one party to perform certain acts or refrain from performing others). Continue reading to discover more about bringing a civil action for domestic abuse.

Criminal Cases Do Not Preclude a Victim from Filing a Civil Lawsuit

It’s a prevalent fallacy that a person cannot be tried in civil court for the same claim after being tried in criminal court. That is untrue. Consider the Goldman v. Simpson case. Although Ron Goldman’s murderer O.J. Simpson was found not guilty in a criminal trial, Goldman’s parents successfully sued Simpson in a civil court for monetary damages.

You can still file a civil lawsuit against your abuser even if they have already been found guilty of a crime or you have a restraining order against them. Only when there are several criminal charges for the same offense does the idea of double jeopardy apply; this is not the situation in civil proceedings.

A family member being sued

Historically, courts have prohibited family members from bringing tort claims against one another. Concerns about the breakdown of the family were the driving force for this statute. Today, the majority of state courts have abandoned this practice on the grounds that if family members have tort claims against one another, the family structure has likely already disintegrated and the aggrieved parties should be allowed to present their case in court.

Currently, Louisiana is the only state in the U.S. that still forbids spouses from suing one another, with certain exceptions. Spouses may, nevertheless, bring deliberate tort claims against one another. Any intentional wrongdoing that results in injury to another person is referred to as an intentional tort. Due to the fact that many types of domestic violence are intentional torts, such as battery, assault, and psychological abuse, they may give rise to legal claims even in jurisdictions where family-related lawsuits are typically prohibited. If the abuser was stalking, threatening, or causing property damage, another tort action called intentional infliction of emotional distress may also be brought.

Prior to filing a domestic violence lawsuit, things to think about
Victims of domestic violence are frequently deprived of their sense of control and their means of expressing their emotions. Suing you can give your abuser emotional relief and a sense of control. Victims of domestic violence may be eligible for the following forms of damages:

Lost income
Medical costs
Distress and suffering
Punitive damages, which are only permitted in particular states.

Remember that any lawsuit involves a huge lot of stress. Due to the pressure on familial ties, lawsuits involving family members can be considerably more unpleasant. For victims, it is frequently difficult enough to simply call the police or request a restraining order against their abusers. It might be as difficult to prosecute the abuser in court. Victims may, however, be prepared to fight back if they become aware of their predicament. Taking their abuser to court may provide victims with some measure of closure—a means to put the past behind them and begin again.

It can be highly expensive to litigate. But courts have the power to order the abuser to cover your costs. Although it is uncommon in these kinds of situations, lawyers may accept contingency fees in claims involving monetary damages. You won’t have to pay an attorney under this fee agreement if you hire them to represent you if you win the lawsuit. To put it clearly, it matters if your abuser has the financial means or other assets necessary to cover damages when deciding whether to pursue a domestic violence lawsuit.

civil domestic violence, criminal law system, domestic violence, Emergency Protection Order, Order of Protection, orders of protection, Restraining Order, Scottsdale Attorneys, Scottsdale Legal Help
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Should I File for Bankruptcy Before or After Taxes?

Making sure your tax returns are current is a smart idea if you’re considering filing for bankruptcy.

Waiting to file your income tax return until after you file for bankruptcy won’t give you any meaningful advantages. You should be current when filing your Chapter 7 or Chapter 13 matter, nevertheless, for a variety of reasons.

Bankruptcy under Chapter 7 and Tax Returns

The trustee in charge of your case will request your most recent tax return when you apply for Chapter 7 bankruptcy. The trustee will need an explanation if that isn’t the most recent return, even if it doesn’t have to be for the most recent tax year.

The trustee will contrast the amount stated in your bankruptcy petition with the income you show on your tax return. The trustee will also want to make sure you have the right to protect (exempt) the refund if you can demonstrate that you are entitled to one and that you have claimed the correct exemption amount. If not, you would have to give the trustee your refund so they could give it to your creditors.

Before filing for the case, many people arrange their bankruptcy so they can use the return for essentials like living expenses. It’s a good idea to maintain track of your expenses if you adopt this strategy.

Bankruptcy under Chapter 13 and tax returns

Before filing a Chapter 13 case, you generally need to have all of your tax returns current, but there are several exceptions to the requirements. Before the 341 meeting of creditors (the hearing that all filers are required to attend), you must give copies of your returns for the four tax years prior to that to the Chapter 13 trustee.

Your trustee may request a letter, an affidavit, or a certification explaining why you are exempt from filing a return if you are. There are situations when district-specific local courts set additional guidelines for papers.

Things could go wrong in your case if you owe the IRS a return but fail to pay it in a timely manner (before to your 341 meeting of creditors).

a movement. You will have only a very short time to submit your returns when the trustee files a motion. If the time passes without being met, the court may automatically dismiss your case, denying you the opportunity to present your case before the judge.
a replacement return. Based on your prior income, the IRS may be required to submit a claim with its best guess as to how much you owe. The issue? IRS projections are typically larger than the amount you would ultimately owe after filing a correct return.

Utilizing Chapter 13 Bankruptcy to Manage Taxes

Once you recognize that filing for Chapter 13 bankruptcy to handle your tax obligation can be a wise choice, filing your tax return might not be as difficult. This is why:

Depending on how much disposable income you have left over after deducting your reasonable and necessary costs from your salary, dischargeable taxes (usually those older than three tax years) may be forgiven without any payment at all.

While you are in Chapter 13 bankruptcy, you won’t be subject to any further interest or penalties on past-due dischargeable taxes (you will, however, be required to pay interest on non-dischargeable taxes).

The Chapter 13 plan can be used to discharge an IRS tax lien.

As long as you include all owed income taxes, file your tax returns on time, and maintain your post-petition tax responsibilities current throughout your Chapter 13 plan, the IRS must abide by the plan.

Keep in mind that any non-dischargeable taxes (usually those incurred during the last three tax years) that cannot be discharged in bankruptcy must be paid in full throughout the three to five-year Chapter 13 plan. You will have paid off the majority or all of your other debts by the time it is finished, along with your taxes.

Source https://www.nolo.com/legal-encyclopedia/should-i-file-for-bankruptcy-before-or-after-taxes.html

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First Offense DUI In Arizona & Fighting A Charge

First DUI Offense In Arizona

For anyone who’s charged with driving under the influence (DUI), there are generally several ways of handling the case. Typically, it comes down to either making a plea deal with the prosecution or fighting the charge at trial. Here are some things to consider before deciding whether to plead guilty or no contest to a DUI charge.

(480) 744-7711
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Weighing Your Options Before Pleading to a DUI Charge

The consequences of a DUI conviction can be severe. So, it’s always a good idea to talk to an experienced DUI lawyer (whether that’s a private lawyer or a public defender) before making any decisions in your case. Every case is different, but here’s some basic information about DUI pleas and trials.

DUI Plea Bargains

Most DUI and other criminal cases are resolved through plea bargaining. It’s usually the quickest and easiest way to handle a case. But making a decent plea deal can also be the most beneficial option for the defendant in many cases.

In lots of DUI cases, the evidence against the defendant is strong and there aren’t any good defenses available. Under these circumstances, attempting to minimize the possible penalties through plea bargaining makes sense. (In some states, it’s even possible to plea bargain for a lesser charge like reckless driving—sometimes called a “wet reckless” in the context of a DUI case.)

Many states also have special programs (like first-offender programs and DUI court) for eligible offenders. Generally, these programs allow participants to avoid some of the more harsh penalties (like jail time and license suspension) in exchange for participation in substance abuse treatment or other programs aimed at preventing future DUI violations. For certain people, these programs offer a good alternative for resolving a DUI charge.

Taking a DUI Charge to Trial

Going to trial on a DUI charge is a more involved process than plea bargaining. But it cases where there are good defenses available, it might be worth the extra effort (and money, assuming you hire a private DUI attorney). The risk of going to trial is that, if convicted, you could end up facing penalties that are more severe than those you would have gotten through plea bargaining.

Pleading to a DUI Charge in Court

The process for pleading guilty or no contest to a DUI charge is fairly simple. You’ll appear in court with your attorney and tell the court your plea. Normally, you’ll need to initial and sign a few forms acknowledging that you understand the rights you’re giving up (such as the right to a jury trial) by pleading to the charge. In some courts, the judge goes over the forms with you in detail to ensure you understand the consequences of your plea.

Guilty and No Contest Pleas Lead to Criminal Convictions

Once you plead guilty or no contest, the judge will find you guilty of the charge. The judge finding you guilty means you’ll have a criminal conviction on your record.

However, participation in certain programs previously discussed (like first-offender programs) will sometimes allow successful participants to avoid a criminal conviction.

Likely Consequences of a DUI Conviction

Most DUI convictions are misdemeanors and carry no more than a year in jail. The fines for a DUI normally ranger from several hundred to several thousand dollars. Convicted drivers also typically face license-related consequences such as suspension and having to use an ignition interlock device (IID) for a period of time.

However, if a DUI offense involves certain aggravating factors (like injuries or deaths) or the offender has prior DUI convictions, the current offense might be a felony and the consequences of a conviction can be much more severe.

Source

https://www.nolo.com/legal-encyclopedia/free-books/beat-ticket-book/chapter8-7.html

Speak With One Of Our DUI Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group’s DUI Lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind. Call today for an initial consultation!

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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Understanding Domestic Violence

The attorneys at Canterbury Law Group help clients obtain orders of protection in Scottsdale. We also assist in determining if your domestic violence case is a civil or criminal case.
In domestic violence situations, there may be both civil and criminal matters occurring at the same time as a result of the same violent act. You may want to pursue both civil and criminal actions for maximum protection. The major differences have to do with who takes the case to court, the reason for the case, and the possible penalties.

  • Civil Law – In a civil domestic violence action, you are asking the court to protect you from the person abusing you. You are not asking the court to send that person to jail for committing a crime. However, if the abuser violates the civil court order, s/he may be sent to jail for the violation. In a civil case, you are the person bringing the case against the abuser and (in most circumstances), you have the right to withdraw (drop) the case if you want to. A Scottsdale order of protection is requested in civil court. Once granted, they usually are valid for a period of one year and they sometimes can be renewed by the person originally obtained the order of protection.
  • Criminal Law – In stark contrast, the criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, theft, etc. As such, only the government, via the local prosecutor or grand jury can make the final decision to “bring charges” against the bad actor who has engaged in bad acts.
    A criminal complaint involves your abuser being charged with a crime. In a criminal case, the prosecutor (also called the district attorney) is the one who has control over whether the case against the abuser continues or not. It is the county/state who has brought the case against the abuser, not the victim. It is possible that if you do not want the case to continue (if you do not want to “press charges”), the prosecutor might decide to drop the criminal charges but this is not necessarily true. The prosecutor can also continue to prosecute the abuser against your wishes and can even issue a subpoena (a court order) to force you to testify at the trial live under oath.

Domestic violence used to be a secret to be “kept in the family” or swept under the rug. But it’s now more prevalent in news and media than ever before. As a result, a lot of people are thinking about what constitutes domestic violence. Why do people stay in abusive relationships? How can family and friends help a loved one leave an abusive partner?

This Domestic Violence section provides resources for victims of domestic abuse and those who love them. If you need immediate help, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233).

Findlaw’s Domestic Violence section is divided into four parts.

  • An overview of domestic violence: These articles define the different types of abuse and how to recognize signs of abuse. There are articles that explain battered women’s syndrome and why some victims recant after finally speaking out. It also provides the history of legal intervention.
  • Domestic violence laws: These articles cover the Violence Against Women Act (VAWA), the Domestic Violence Offender Gun Ban, and state domestic violence laws.
  • How to stop domestic violence: These articles can help victims file for a restraining order and file a domestic violence lawsuit. They explain who is a mandatory reporter and who you can turn to for help. You will also find a guide to stop domestic violence.
  • Domestic violence resources: In this section you will find a list of domestic violence organizations and hotlines. At the state level, this listing includes domestic violence programs and state forms to file for a protective order.

Domestic Violence, Legally Defined

Domestic abuse is a top public health concern. Homicide by an intimate partner is one of the leading pregnancy-associated causes of death, according to research. And yet many people do not understand the scope of abusive behavior. Early in their intimate relationship, victims may not realize they are experiencing domestic violence. They fail to take action and then it escalates.

The National Domestic Violence Hotline defines domestic abuse as “a pattern of abusive behaviors used by one person to gain or maintain control over another person in an intimate relationship.”

The victim is often a spouse (male or female). But they can also be a dating partner, a child or parent, a family member, or a roommate. It is a person with whom the abuser is in close proximity.

Most people think of domestic abuse as battering or assault, but there are several types of abuse:

  • Physical abuse is most likely to be seen by coworkers or health care providers. Victims often find ways to hide the evidence of the abuser’s violent behavior. But physical violence can lead to physical injury requiring medical care.
  • Sexual abuse may not be understood by the victim as abuse until it becomes sexual violence. Non-consensual sex, even within marriage, is sexual assault. Young people, in particular, need to be educated about dating violence.
  • Emotional abuse causes the victim to feel intense emotional distress. The abuser may verbally demean and socially humiliate their victim. They may engage in name-calling. Emotional abuse damages the victim’s self-esteem and sense of self-worth. Stalking, harassment, and threats are forms of emotional abuse; They are designed to instill fear in the victim.
  • Psychological abuse is controlling behavior that damages the victim’s mental health. They may think they are going crazy. They may develop post-traumatic stress disorder (PTSD).
  • Economic abuse or financial abuse is an extension of the abuser’s need for control. They may prevent a spouse from earning money or from having access to money. An abuser may steal money from an elder parent with whom they live.

Punishing Domestic Violence

While law enforcement once turned a blind eye to intimate partner violence, state laws now require an arrest and mandate penalties. Restraining orders are easier to get, at least initially. And federal and state laws are in place to prevent abusers from owning guns.

Survivors of domestic violence can sue their abusers in civil court to recover damages for their injuries.

Unfortunately, these remedies are only available after the abusive behavior or physical violence has already occurred.

Preventing Domestic Violence

Nationally, there is a loud call to end domestic violence.

Domestic abuse nonprofits and governmental agencies exist in every state. They provide information and training on how to identify the warning signs of abuse. They provide practical resources to help survivors of domestic violence create a safety plan to exit dangerous relationships. They provide referrals for safe places to shelter and offer victim hotlines in a variety of languages. And they undertake legal advocacy.

Help is a phone call away. But as many victims know, that phone call and those first steps can be extremely dangerous. Their lives are often at stake. If the U.S. wants to end the scourge of family violence, it needs to provide human services resources and physical and financial support to help victims break free once and for all.

The prevalence of domestic violence is arguably one of the top health concerns in the country. Understanding its definition can help you to take more effective action against its many manifestations of abuse.

In some cases, abusers may not even realize that they’re inflicting domestic violence on someone else. On the flip side, victims may not take action against their abusers if they don’t realize that the behavior they’re experiencing is indeed domestic violence.

 

Moreover, friends and loved ones of victims are in a better place to help if they understand what domestic violence looks like. Therefore, it’s important that people understand the definition of domestic violence and the many forms it can take.

This article provides helpful information about domestic violence. If you or someone you know are suffering from domestic violence, get immediate access to resources here.

Definition of Domestic Violence: Types of Abuse

According to the United States Department of Justice Office on Violence Against Women, the definition of domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner. Many types of abuse are included in the definition of domestic violence:

  • Physical abuse can include hitting, biting, slapping, battering, shoving, punching, pulling hair, burning, cutting, pinching, etc. (any type of violent behavior inflicted on the victim). Physical abuse also includes denying someone medical treatment and forcing drug/alcohol use on someone.
  • Sexual abuse occurs when the abuser coerces or attempts to coerce the victim into having sexual contact or sexual behavior without the victim’s consent. This often takes the form of marital rape, attacking sexual body parts, physical violence that is followed by forcing sex, sexually demeaning the victim, or even telling sexual jokes at the victim’s expense.
  • Emotional abuse involves invalidating or deflating the victim’s sense of self-worth and/or self-esteem. Emotional abuse often takes the form of constant criticism, name-calling, injuring the victim’s relationship with his/her children, or interfering with the victim’s abilities.
  • Economic abuse takes place when the abuser makes or tries to make the victim financially reliant. Economic abusers often seek to maintain total control over financial resources, withhold the victim’s access to funds, or prohibit the victim from going to school or work.
  • Psychological abuse involves the abuser invoking fear through intimidation; threatening to physically hurt himself/herself, the victim, children, the victim’s family or friends, or the pets; destruction of property; injuring the pets; isolating the victim from loved ones; and prohibiting the victim from going to school or work.
  • Threats to hit, injure, or use a weapon are a form of psychological abuse.
  • Stalking can include following the victim, spying, watching, harassing, showing up at the victim’s home or work, sending gifts, collecting information, making phone calls, leaving written messages, or appearing at a person’s home or workplace. These acts individually are typically legal, but any of these behaviors done continuously result in a stalking crime.
  • Cyberstalking refers to online action or repeated emailing that inflicts substantial emotional distress on the recipient.

Definition of Domestic Violence: Victims

Definitions of domestic violence recognize that victims can include anyone, regardless of socioeconomic background, education level, race, age, sexual orientation, religion, or gender. Domestic violence was formerly referred to as wife abuse. However, this term was abandoned when the definition of domestic violence was changed to reflect that wives are not the only ones who can fall victim to domestic violence. The definition of domestic violence now recognizes that victims can be:

  • Spouses
  • Sexual/Dating/Intimate partners
  • Family members
  • Children
  • Cohabitants

Many people think that a victim of domestic violence can only obtain a protective order against a spouse. This is actually a myth. Most states allow victims of abusive cohabitant lovers to obtain protective orders (also referred to as temporary restraining orders or emergency protective orders). Some states allow victims of abusive adult relatives, roommates, or even non-cohabitating partners to obtain protective orders. The laws in each state are different, so check the most updated laws in your state.

Dating Violence

Dating violence is another form of domestic violence. The Violence Against Women Act defines dating violence according to the relationship between the abuser and the victim. Dating violence is committed by a person in a social, romantic, or intimate relationship with the victim. The existence of such a relationship is determined using the following factors:

  • The length of the relationship
  • The type of relationship
  • The partners’ frequency of interaction

Does the Definition of Domestic Violence Apply to Your Situation? Ask an Attorney

A complete definition of domestic violence encompasses many forms of abuse and negative behavior. Domestic violence is a destructive crime that carries life-altering damage to everyone involved.

Legal Help for Victims of Crime

If you feel unsafe in your home or relationship, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or call 911. An experienced family law attorney can assist you with everything from talking to the police to filing for protective orders and a civil lawsuit.

Source

https://www.findlaw.com/family/domestic-violence.html

It is essential to contact an attorney to evaluate and invoke your rights when dealing with domestic violence either when allegations are brought against you, or where you bring them against another. Contact our Scottsdale lawyers today to schedule your consultation. www.clgaz.com 480-744-7711.

civil domestic violence, criminal law system, domestic violence, Emergency Protection Order, Order of Protection, orders of protection, Restraining Order, Scottsdale Attorneys, Scottsdale Legal Help
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Regular Post
Written by Canterbury Law Group

Domestic Violence

The attorneys at Canterbury Law Group help clients obtain orders of protection in Scottsdale. We also assist in determining if your domestic violence case is a civil or criminal case.
In domestic violence situations, there may be both civil and criminal matters occurring at the same time as a result of the same violent act. You may want to pursue both civil and criminal actions for maximum protection. The major differences have to do with who takes the case to court, the reason for the case, and the possible penalties.

  • Civil Law – In a civil domestic violence action, you are asking the court to protect you from the person abusing you. You are not asking the court to send that person to jail for committing a crime. However, if the abuser violates the civil court order, s/he may be sent to jail for the violation. In a civil case, you are the person bringing the case against the abuser and (in most circumstances), you have the right to withdraw (drop) the case if you want to. A Scottsdale order of protection is requested in civil court. Once granted, they usually are valid for a period of one year and they sometimes can be renewed by the person originally obtained the order of protection.
  • Criminal Law – In stark contrast, the criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, theft, etc. As such, only the government, via the local prosecutor or grand jury can make the final decision to “bring charges” against the bad actor who has engaged in bad acts.
    A criminal complaint involves your abuser being charged with a crime. In a criminal case, the prosecutor (also called the district attorney) is the one who has control over whether the case against the abuser continues or not. It is the county/state who has brought the case against the abuser, not the victim. It is possible that if you do not want the case to continue (if you do not want to “press charges”), the prosecutor might decide to drop the criminal charges but this is not necessarily true. The prosecutor can also continue to prosecute the abuser against your wishes and can even issue a subpoena (a court order) to force you to testify at the trial live under oath.

Domestic violence used to be a secret to be “kept in the family” or swept under the rug. But it’s now more prevalent in news and media than ever before. As a result, a lot of people are thinking about what constitutes domestic violence. Why do people stay in abusive relationships? How can family and friends help a loved one leave an abusive partner?

This Domestic Violence section provides resources for victims of domestic abuse and those who love them. If you need immediate help, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233).

Findlaw’s Domestic Violence section is divided into four parts.

  • An overview of domestic violence: These articles define the different types of abuse and how to recognize signs of abuse. There are articles that explain battered women’s syndrome and why some victims recant after finally speaking out. It also provides the history of legal intervention.
  • Domestic violence laws: These articles cover the Violence Against Women Act (VAWA), the Domestic Violence Offender Gun Ban, and state domestic violence laws.
  • How to stop domestic violence: These articles can help victims file for a restraining order and file a domestic violence lawsuit. They explain who is a mandatory reporter and who you can turn to for help. You will also find a guide to stop domestic violence.
  • Domestic violence resources: In this section you will find a list of domestic violence organizations and hotlines. At the state level, this listing includes domestic violence programs and state forms to file for a protective order.

Domestic Violence, Legally Defined

Domestic abuse is a top public health concern. Homicide by an intimate partner is one of the leading pregnancy-associated causes of death, according to research. And yet many people do not understand the scope of abusive behavior. Early in their intimate relationship, victims may not realize they are experiencing domestic violence. They fail to take action and then it escalates.

The National Domestic Violence Hotline defines domestic abuse as “a pattern of abusive behaviors used by one person to gain or maintain control over another person in an intimate relationship.”

The victim is often a spouse (male or female). But they can also be a dating partner, a child or parent, a family member, or a roommate. It is a person with whom the abuser is in close proximity.

Most people think of domestic abuse as battering or assault, but there are several types of abuse:

  • Physical abuse is most likely to be seen by coworkers or health care providers. Victims often find ways to hide the evidence of the abuser’s violent behavior. But physical violence can lead to physical injury requiring medical care.
  • Sexual abuse may not be understood by the victim as abuse until it becomes sexual violence. Non-consensual sex, even within marriage, is sexual assault. Young people, in particular, need to be educated about dating violence.
  • Emotional abuse causes the victim to feel intense emotional distress. The abuser may verbally demean and socially humiliate their victim. They may engage in name-calling. Emotional abuse damages the victim’s self-esteem and sense of self-worth. Stalking, harassment, and threats are forms of emotional abuse; They are designed to instill fear in the victim.
  • Psychological abuse is controlling behavior that damages the victim’s mental health. They may think they are going crazy. They may develop post-traumatic stress disorder (PTSD).
  • Economic abuse or financial abuse is an extension of the abuser’s need for control. They may prevent a spouse from earning money or from having access to money. An abuser may steal money from an elder parent with whom they live.

Punishing Domestic Violence

While law enforcement once turned a blind eye to intimate partner violence, state laws now require an arrest and mandate penalties. Restraining orders are easier to get, at least initially. And federal and state laws are in place to prevent abusers from owning guns.

Survivors of domestic violence can sue their abusers in civil court to recover damages for their injuries.

Unfortunately, these remedies are only available after the abusive behavior or physical violence has already occurred.

Preventing Domestic Violence

Nationally, there is a loud call to end domestic violence.

Domestic abuse nonprofits and governmental agencies exist in every state. They provide information and training on how to identify the warning signs of abuse. They provide practical resources to help survivors of domestic violence create a safety plan to exit dangerous relationships. They provide referrals for safe places to shelter and offer victim hotlines in a variety of languages. And they undertake legal advocacy.

Help is a phone call away. But as many victims know, that phone call and those first steps can be extremely dangerous. Their lives are often at stake. If the U.S. wants to end the scourge of family violence, it needs to provide human services resources and physical and financial support to help victims break free once and for all.

The prevalence of domestic violence is arguably one of the top health concerns in the country. Understanding its definition can help you to take more effective action against its many manifestations of abuse.

In some cases, abusers may not even realize that they’re inflicting domestic violence on someone else. On the flip side, victims may not take action against their abusers if they don’t realize that the behavior they’re experiencing is indeed domestic violence.

 

Moreover, friends and loved ones of victims are in a better place to help if they understand what domestic violence looks like. Therefore, it’s important that people understand the definition of domestic violence and the many forms it can take.

This article provides helpful information about domestic violence. If you or someone you know are suffering from domestic violence, get immediate access to resources here.

Definition of Domestic Violence: Types of Abuse

According to the United States Department of Justice Office on Violence Against Women, the definition of domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner. Many types of abuse are included in the definition of domestic violence:

  • Physical abuse can include hitting, biting, slapping, battering, shoving, punching, pulling hair, burning, cutting, pinching, etc. (any type of violent behavior inflicted on the victim). Physical abuse also includes denying someone medical treatment and forcing drug/alcohol use on someone.
  • Sexual abuse occurs when the abuser coerces or attempts to coerce the victim into having sexual contact or sexual behavior without the victim’s consent. This often takes the form of marital rape, attacking sexual body parts, physical violence that is followed by forcing sex, sexually demeaning the victim, or even telling sexual jokes at the victim’s expense.
  • Emotional abuse involves invalidating or deflating the victim’s sense of self-worth and/or self-esteem. Emotional abuse often takes the form of constant criticism, name-calling, injuring the victim’s relationship with his/her children, or interfering with the victim’s abilities.
  • Economic abuse takes place when the abuser makes or tries to make the victim financially reliant. Economic abusers often seek to maintain total control over financial resources, withhold the victim’s access to funds, or prohibit the victim from going to school or work.
  • Psychological abuse involves the abuser invoking fear through intimidation; threatening to physically hurt himself/herself, the victim, children, the victim’s family or friends, or the pets; destruction of property; injuring the pets; isolating the victim from loved ones; and prohibiting the victim from going to school or work.
  • Threats to hit, injure, or use a weapon are a form of psychological abuse.
  • Stalking can include following the victim, spying, watching, harassing, showing up at the victim’s home or work, sending gifts, collecting information, making phone calls, leaving written messages, or appearing at a person’s home or workplace. These acts individually are typically legal, but any of these behaviors done continuously result in a stalking crime.
  • Cyberstalking refers to online action or repeated emailing that inflicts substantial emotional distress on the recipient.

Definition of Domestic Violence: Victims

Definitions of domestic violence recognize that victims can include anyone, regardless of socioeconomic background, education level, race, age, sexual orientation, religion, or gender. Domestic violence was formerly referred to as wife abuse. However, this term was abandoned when the definition of domestic violence was changed to reflect that wives are not the only ones who can fall victim to domestic violence. The definition of domestic violence now recognizes that victims can be:

  • Spouses
  • Sexual/Dating/Intimate partners
  • Family members
  • Children
  • Cohabitants

Many people think that a victim of domestic violence can only obtain a protective order against a spouse. This is actually a myth. Most states allow victims of abusive cohabitant lovers to obtain protective orders (also referred to as temporary restraining orders or emergency protective orders). Some states allow victims of abusive adult relatives, roommates, or even non-cohabitating partners to obtain protective orders. The laws in each state are different, so check the most updated laws in your state.

Dating Violence

Dating violence is another form of domestic violence. The Violence Against Women Act defines dating violence according to the relationship between the abuser and the victim. Dating violence is committed by a person in a social, romantic, or intimate relationship with the victim. The existence of such a relationship is determined using the following factors:

  • The length of the relationship
  • The type of relationship
  • The partners’ frequency of interaction

Does the Definition of Domestic Violence Apply to Your Situation? Ask an Attorney

A complete definition of domestic violence encompasses many forms of abuse and negative behavior. Domestic violence is a destructive crime that carries life-altering damage to everyone involved.

Legal Help for Victims of Crime

If you feel unsafe in your home or relationship, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or call 911. An experienced family law attorney can assist you with everything from talking to the police to filing for protective orders and a civil lawsuit.

Source

https://www.findlaw.com/family/domestic-violence.html

It is essential to contact an attorney to evaluate and invoke your rights when dealing with domestic violence either when allegations are brought against you, or where you bring them against another. Contact our Scottsdale lawyers today to schedule your consultation. www.clgaz.com 480-744-7711.

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When Do You Need a Lawyer for a DUI/DWI Charge?

What Can a DUI Lawyer Do For You

What can a DUI attorney do to help you fight your charge? With your future freedom in jeopardy it is a very important question because with a seasoned DUI attorney on your side, you will not have to struggle with complex legal aspects of your case and complicated court proceedings. Read on to learn more about how a DUI lawyer can best represent you.

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Advise You to Keep Quiet When It Counts

Sometimes what you do not say means more than what you say. A competent DUI attorney will tell you when you should speak and when you should not. They may also suggest you do not take the stand to avoid interrogation by the prosecution.

Know the Local Courts Inside And Out

Inevitably, your DUI attorney will be far more knowledgeable regarding legal and courtroom procedures. You can also decide to use the services of an attorney with an ample background of dealing with juries, local judges and the local court rules in the area you live.

Keep Track Of Legal Deadlines, Filings

There are multiple steps in DUI proceedings that may be easily overlooked. For example, there may be a time limitation on when you can request footage from a police car dashcam that may be crucial to your case. There are also many motions that must be filed in a certain order and in a timely manner and your lawyer is the one person who is best suited and experienced enough to make sure these filings are submitted prior to the deadlines from the court.

Negotiate With Tough Prosecutors

Local prosecutors will speak and work with your DUI attorney to discuss possibilities of plea bargains or alternatives to spending time in jail. The credibility of DUI attorneys are trusted by those in the court system. Indeed, many prosecutors will not even attempt any form of negotiation with a person who has decided to defend themselves.

Help to Expunge Your Conviction

Local prosecutors also often work with DUI attorneys with the potential of getting your conviction expunged so it does not impact your future employment prospects or your credit score. These procedures are very laborious and very individual to local and state court and they must be followed exactly.

Source: Snider, Brett. “5 Things a DUI Lawyer Can Do (That You Probably Can’t).” Findlaw, 21 Mar. 2019, https://blogs.findlaw.com/blotter/2014/04/5-things-a-dui-lawyer-can-do-that-you-probably-cant.html.

Speak With One Of Our DUI Attorneys In Scottsdale

(480) 744-7711
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Canterbury Law Group’s DUI Lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind. Call today for an initial consultation!

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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What Is Bankruptcy and the Differences Between a Charge Off and Repossession in Bankruptcy

What Is Bankruptcy?

The purpose of bankruptcy is to find a way forward with people who have large amount of debt while treating their creditors in a fair and equitable manner. The debtor often sees this process as a “fresh start” without the specter of looming bills.

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Chapter 7 Bankruptcy

When you agree a trustee can take and sell some assets and/or property to pay back debt in exchange for wiping away the debt that qualifies for Chapter 7 Bankruptcy. You can also maintain property that is exempt and protected by state law.

This “fresh start” wipes out debts such as medical bills, personal loans and credit card balances taking a streamlined approach without the demands of a monthly plan for repayment. For this to happen the debtor must agree the person appointed as the bankruptcy trustee can sell what is known as non-exempt property. The proceeds are then sent to the creditors according to a system to rank their priority.

It is not needed for the debtor to relinquish all their assets. What you need to maintain your home and continue working, with a reasonable vehicle. Often the debtor may keep all of their personal property but what can be kept does differ from state to state.

The following is considered non-dischargeable debt under Chapter 7 Bankruptcy:

  • Student loan debt unless I can be demonstrated it would be incorrect to repay
  • Awards originating from wrongful death or injury from being intoxicated while operating a vehicle
  • Unpaid income taxes accrued over the last three years (and in some cases longer)
  • Child support, spousal support and obligations for domestic support

Both individuals and businesses can utilize Chapter 7 Bankruptcy and the process usually takes between four to six months to complete.

Eligibility

You will not be able to file a Chapter 7 Bankruptcy is most of your debt is consumer debt and you have sufficient income to finance a Chapter 13 plan for repayment. You can also only do this once every eight years.

Property

As we said above you can keep what you need to maintain your home and continue working, with a reasonable vehicle. Often the debtor may keep all of their personal property but what can be kept does differ from state to state.

Secured Debt

You will have the option of allowing the creditor to repossess a secured debt or to maintain ownership of the property as well as maintaining the payments as per the sales contract.

Non-dischargeable Business Debt

Business debt is not wiped out in Chapter 7 Bankruptcy. Other than sole proprietors it is seldom a business will even file for this kind of bankruptcy as there are easier ways to wind down a business enterprise. When assets need to be sold in a manner that is transparent it may be a good option, however.

Chapter 13 Bankruptcy

This form of bankruptcy helps high-income earning individuals reorganize their debt. With this form of bankruptcy. Although you can retain your property, creditors must be repaid as part of a three to five-year Chapter 13 Bankruptcy plan as well as any income that is discretionary going towards the total owed as defined by the rules of bankruptcy.

Repayment

You will have to propose a plan for repayment detailing your debts for the last three to five years and how you intend to pay them. The minimum amount for this is based on how much you earn, how much you have to repay as well as how much is owed and the value of your property that is non-exempt.

Debt Limitation

The maximum limit for secured debt is $1,257,850 and no more than $419,275 in debt that is not secured.

Mortgage And Car Payment Arrears

Chapter 13 Bankruptcy can also be used to pay car and house payments that have fallen in arrears to avoid both repossession and foreclosure.

Other Bankruptcy Reorganization Options

There are two other options known as Chapter 11 Bankruptcy and Chapter 12 Bankruptcy. Chapter 11 bankruptcy is normally used by businesses to reorganize their financial affairs when they are struggling to survive. Individuals whose total debt exceeds the amount offered by Chapter 13 Bankruptcy can also file for Chapter 11 Bankruptcy. Chapter 12 bankruptcy has similar qualities but a minimum of 80% of your debts must be from running a family owned fishery or farm. To pursue this form of bankruptcy, speaking to a lawyer is essential.

A charge off and a repossession are two very different things—although both could happen to one debt. In this article, you’ll learn what each term means, as well as how the bankruptcy court handles these events in Chapter 7 and Chapter 13 bankruptcy.

 

What Is a Charge Off?

“Charge off” is an accounting term that simply means that the account has been removed from the company’s books because no payments have been made in 120 to 180 days (depending on the type of account.)

 

Most people come across the term “charge off” after reviewing a credit report. Because a charge off is associated with an unpaid debt, many assume that charged off means that the debt is no longer collectible and that you no longer owe the money. That’s not the case.

 

A notation of a charge off indicates that the lender is no longer showing the account as a bad debt on the bottom line. That usually doesn’t stop the lender’s collection efforts. The lender can continue trying to collect the debt. Often the lender will transfer or sell the debt to a collection agency. In turn, the collection agency either collects the debt for the lender or, if the collection agency purchased the debt, collects it for its own benefit. Either way, a charge off is merely an accounting term, and you still owe the debt.

The Federal Reserve requires a lender to charge off a credit card debt when it is 180 days late. A car loan or installment loan must be charged off when it is 120 days late.

Can a Charged Off Loan be Reinstated?

Once a loan is charged off, don’t count on the loan showing up on the company’s books again. Even if you offer to pay it, chances are it’s been transferred or sold and the original company no longer has an interest in it. If you pay the debt, the company that purchased the account should show that you paid it off, but unfortunately, the original lender can continue reporting the charge off for seven years.

How are Charge Offs Treated In Bankruptcy?

When you file for bankruptcy, you agree to disclose your entire financial situation in exchange for the benefits provided by the chapter that you file. (Find out which bankruptcy will be better for you in What Is the Difference Between Chapter 7 and Chapter 13 Bankruptcy?)

You must list all debts when you fill out your bankruptcy paperwork—including charged off accounts. If you don’t list them, you risk the debts not being discharged (wiped out). All kinds of debt can be charged off, including car loans and other debt secured by collateral, and unsecured debt, like a credit card balance, medical bill, or personal loan. If you file for Chapter 7 bankruptcy, you can expect the court to discharge the charged-off debt within three to four months (the average time it takes for a Chapter 7 case to end). In a Chapter 13 bankruptcy, you’ll pay any discretionary income—the amount remaining after paying allowed monthly expenses—to your unsecured creditors over the course of your Chapter 13 bankruptcy payment plan. All eligible unsecured debts get discharged when you complete your plan.

If the charge off is a secured debt—such as a car loan or mortgage—then you’ve likely already lost the collateral (the house or the car) through repossession (see below) or foreclosure. In that case, you’ll list the account as an unsecured debt in your bankruptcy paperwork.

If a debt has been charged off but you still have the collateral, and you’d like to keep it, you should speak with a bankruptcy attorney as soon as possible.

What Is a Repossession?

A repossession occurs when a creditor takes possession of the collateral—usually a car—that you put up when taking out a loan. Here’s how it works.

Before a lender agrees to lend you money for a car purchase, you must agree to guarantee payment of the loan with the vehicle. The contract creates a lien in favor of the lender. The lien allows the lender to take the car, sell it, and apply the sales proceeds to the loan if you default on your payment. If the auction price isn’t enough to pay off the loan, you’ll still owe the remainder called a “deficiency balance.” (The lender releases the lien on the car after you pay the loan balance.)

Can a Loan on a Repossessed Car be Reinstated?

If you lose the car to repossession, most state laws will give you some time to get the car back. The process is called “reinstating the loan.” Reinstatement requires you to pay any past-due amount, as well as the lender’s costs for the repossession.

Repossessions can occur with property other than cars as well. Furniture, jewelry, and other personal property pledged to secure a loan can be repossessed, as long as the lender follows the state laws.

Can a Car Loan be Charged Off Without a Repossession?

It’s possible to charge off a loan without having the dealer repossess the car. As stated earlier, car loans are supposed to be charged off if no payment has been made for 120 days. But, unsecured debt, like credit cards or medical accounts, can stay on the books until they’re 180 days old. Usually, a lender will repossess the collateral and sell it, long before 120 days pass. Almost always, the proceeds of the sale won’t be enough to cover what’s owed on the loan, and most lenders will need to charge off the remaining balance.

No law requires the lender to repossess the collateral before charging off the loan. The lender could choose to do it the other way around or could choose not to repossess the car at all. The lender might be forced to forgo repossession if the car can’t be located or if the car’s value is less than it would cost to sell at auction (for instance, if the car was totaled in an accident). The lack of a repossession doesn’t alter the need to charge off the loan or prevent the lender from selling the charged off loan to a debt buyer.

How are Repossessions Treated In Bankruptcy?

If your car is repossessed before the bankruptcy is filed, you might be able to reinstate the loan and regain possession of the car, but you have to work quickly. You’ll have to file a Chapter 13 bankruptcy case and propose a three to five-year repayment plan.

In Chapter 13 bankruptcy, it’s possible to reinstate a loan by including it in your repayment plan. In fact, this is one of the key benefits of a Chapter 13 bankruptcy case. Not only will it stop a repossession (or a foreclosure) in its tracks, but you can spread out your payment arrearages over the repayment plan rather than paying the entire overdue amount right away. You’ll have to continue paying your monthly payments, too, but by the end of the payment plan, you’ll own the car free and clear. If you don’t want to keep the car, the balance owed will get discharged (wiped out) with other qualifying debt at the end of your plan.

Filing a Chapter 7 case instead will not help you get your car back, because Chapter 7 has no mechanism for getting you caught up or reinstating the loan.

Which is Worse: Charge Off or Repossession?

If you default on your car loan, you could suffer a charge off, a repossession, or both. It’s hard to know whether the charge off or the repossession looks worse on your credit report. Credit scores are based on all the information in your credit report, good and bad, and the credit reporting agencies and companies that produce credit scores like the FICO score keep their scoring models a secret. Someone having trouble with one account like a car loan often has difficulty keeping other accounts in line. Your credit score can take a hit from late car payments, repossessions, past due credit card payments, judgments, tax liens, and other negative or derogatory entries.

Speak With Our Bankruptcy Lawyers In Phoenix & Scottsdale

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Canterbury Law Group should be your first choice for any bankruptcy evaluation. Our experienced professionals will work with you to obtain the best possible outcome. You can on the firm to represent you well so you can move on with your life. Call today for an initial consultation. We can assist with all types of bankruptcies including Business Bankruptcy, Chapter 7 Bankruptcy, Creditor Representation, Chapter 5 Claims, Chapter 13 Bankruptcy, Business Restructuring, Chapter 11 Bankruptcy, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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Establishing Paternity And Father’s Rights

When a child is born to a married couple, a legal presumption arises that the husband is the child’s father. This isn’t the case with unmarried couples. Establishing paternity is important for unmarried couples in the event they break up and one parent seeks custody or child support for inheritance purposes or a variety of other circumstances. If the parents get married after the mother becomes pregnant but before birth, the husband’s paternity is established in the same manner as if the parents were married at the time of conception.

But sometimes paternity is established after birth, especially when the presumptive father has denied paternity. Read on for a detailed look at the chronology of establishing paternity.

Establishing Paternity After Birth

If the parents marry after the child is born, they can sign a legitimation form (or a Declaration of Paternity), which grants the same rights as if the parents were married at the time of birth.

Even if parents never marry, paternity can be established voluntarily when the parents are certain of the father’s identity. In such cases they may sign a legal form called a voluntary acknowledgment of paternity, or something similar, and then file the form with the court or appropriate state agency. Executing this voluntary acknowledgment can be done right in the hospital following the child’s birth, or any time thereafter. The father’s name is then included on the child’s birth certificate.

Even if a voluntary acknowledgment isn’t signed, the parties may later enter into an agreement with the help and advice of their attorneys that establishes the father’s identity and resolves custody and support issues.

Filing a Paternity Lawsuit

If neither of these voluntary procedures occurs, legal action may be necessary. A mother may file a paternity action to establish that the man she believes to be her child’s father in fact is, or, if the mother is receiving public assistance, the state may initiate the action in order for the child to begin receiving support from the father. The putative, or probable, father’s presence in court will be demanded, and he may be required to submit to DNA testing if he contests his paternity. Genetic blood test results are usually available within a few weeks, and they can establish (or negate) paternity with about 99 percent accuracy.

If paternity is established in this manner, the court will enter an order regarding the father’s paternity. The father then becomes legally obligated to pay child support according to the state’s guidelines, which are generally based on both parents’ incomes and the needs of the children.

Settling Before the Verdict

At any time in this process prior to entry of the court’s order, the parties may still enter into a settlement agreement that resolves the custody and financial issues relating to the child. In most instances, it will be the father that is legally required to provide financial support to his children. One alternative option that is sometimes pursued, however, is to offer the mother a lump-sum child support payment in exchange for her agreement to not pursue additional child support in the future. While this would give the mother the advantage of having a lump sum with which a major purchase, such as a home, could be accomplished, it has many potential disadvantages as well. It is also exceedingly rare for the courts to rule this way.

Once paternity has been established, the child obtains many legal rights beyond child support. The child can inherit from their father, is eligible for health insurance coverage under the father’s group policy, and  is entitled to Social Security benefits if the father dies or becomes disabled. They also may be entitled to wrongful death benefits if the father dies as a result of someone else’s negligence, can obtain medical history information, and may reap the emotional benefits of establishing paternity.

Adoption and the Father

In all states, the birth mother and the birth father hold the primary right of consent to adoption of their child. However, for a father to hold this right, he must first establish paternity. A father may also have this right terminated for reasons including abandonment, failure to support the child, mental incompetence, or a finding of parental unfitness due to abuse or neglect.

 

Adoption proceedings can differ depending on the state in which you reside. States have different rules with respect to waiting periods, and in the case of older children, may have rules regarding the child’s consent and potential counseling. An attorney can work with you through the adoption process or in challenging an adoption.

 

This can be a complex area of the law that requires knowledge and experience to navigate. Your attorney will understand your state’s adoption statutes and what is required of you, whether first establishing paternity in order to challenge the adoption, or in providing legal consent.

 

Terminating Your Parental Rights

Generally, parents have the right to determine their child’s care and custody and to educate their child. In general, parental rights are terminated on an individual basis and in a voluntary or involuntary manner. The procedure for termination of parental rights can be very challenging and can vary from state to state. A fathers’ rights attorney will know what is required for termination in your state and help you through the process.

An involuntary termination occurs when one parent seeks to legally sever the rights of the other parent. Involuntary termination can also occur without either parent’s consent when a state agency initiates legal proceedings to terminate the rights of both parents for adoption. In seeking involuntary termination the parent or agency generally considers abandonment of the child, failure to support the child, child abuse, whether the parent is in jail, and other factors weighing in favor of termination.

If you’re subject to an involuntary termination, your attorney will help you gather the proper documents and paperwork proving your fitness to retain your rights. Being a party to an involuntary termination is a very difficult situation and your attorney will advocate on your behalf so that your rights aren’t wrongly terminated.

Child Support, Visitation, and Custody for the Father

Once paternity is established, a father may be required to pay child support and can pursue child visitation or other custody rights. An attorney understands what’s required in these situations and can work with you through the processes.

Orders of child support are issued by the family court and are based on state child support guidelines. The court can deviate from these guidelines if there are valid reasons for doing so. If you move to a different state while subject to a child support order, you may fall under the Revised Uniform Reciprocal Enforcement of Support Act, by which states recognize and ensure payment of child support orders from another state. Your attorney can work for you to obtain the best possible result in the entry of a child support order.

An attorney can also help you negotiate and draft a parenting agreement that considers primary custody, visitation, education, health care, and changes to the parenting arrangement. Your lawyer can help you to reach an agreement that is equitable and that will be approved in court. If an agreement can’t be reached, a contested hearing may be requested. In this case, your attorney will advocate on your behalf to obtain a result that’s respectful of your rights as a parent and in the best interests of your child.

Get Legal Assistance With Your Paternity Matter

Establishing paternity is an important part of the court system as it’s one way to protect children and enforce the legal responsibilities of parents. The process for establishing paternity can differ among the various states.

In order to understand the laws of your state and how they may apply to your situation, you should consider speaking with an experienced family law attorney today.

Source: https://www.findlaw.com/family/paternity/chronology-establishing-paternity.html

Source

https://www.findlaw.com/family/paternity/do-i-need-a-fathers-rights-attorney.html

Speak With Our Father’s Rights Attorneys In Scottsdale

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Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation! 480-744-7711.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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First Offense DUI In Arizona & Fighting A Charge

First DUI Offense In Arizona

Arizona law says it is an illegal act for a person to be in actual physical control or to drive a motorized vehicle when they are under the influence of a vapor releaser containing a substance that is toxic, a drug, or an intoxicating liquor, or indeed, a combination of the above.

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A.R.S. §28-1381 defines drunk driving laws in the state of Arizona and they forbid driving when you are under the influence of an intoxicant or when the vehicle operator is even slightly impaired. Arizona has a reputation for being one of the toughest DUI law states. Read on to learn what you can expect the penalties to include when a driver faces an initial DUI offense.

Penalties for A First DUI In Arizona

A person may be found guilty of DUI in Arizona when they have a Blood Alcohol Content in excess of 0.08% and are driving or are in control of a motor vehicle. They may can be charged with a DUI in circumstances where they are impaired by any number of drugs or alcohol. These include OTC medications as well as legal medications issued by prescription. These are a Class 1 misdemeanor and are subject to these penalties:

  • A jail sentence of a minimum of twenty-four hours and a maximum up to and including six months. Technically, the minimum is ten days jail time but there is an option of having nine of those days suspended.
  • A maximum of $2,500 in total fees and fines with a minimum of $250.
  • From 90 up to 360 days of driver’s license suspension.
  • An Ignition Interlock Device being installed
  • Three years’ probation is a possibility.
  • Community service hours is a possibility.
  • Complete drug/alcohol assessment and perhaps adult education class attendance.

Criminal and Administrative Penalties for DUI

Arizona has what is known as Criminal Penalties as well as Administrative Penalties. Here is a breakdown of them:

  • Administrative license suspension is applicable for 90 days for drivers arrested for a first offense. This must be dealt with as a part of your DUI defense.
  • The driver may install an ignition interlock device it if an agreement can be met so their driver’s license can be retained.
  • In Arizona, drivers following a DUI arrest are required to take part in substance and alcohol abuse screening processes.
  • There is a seven-year lookback period for previous DUI convictions. This means a conviction will be on the record for seven years and will be considered if there are further DUI charges.
  • Although there are likely to be additional costs for sentence completion, the surcharges, fees and fines amount to about $1,600.

Source: Brian Sloan. “Arizona DUI First Offense Consequences: Law Offices Brian Douglas Sloan.” Brian Sloan, https://www.arizdui.com/arizona-dui-defense/consequences-of-a-first-offense-dui-in-arizona/.

What Does the Prosecution Need to Prove for a DUI Conviction?

In a DUI case, the prosecution must prove the person being charged (the “defendant”):

  • drove a vehicle, and
  • was “under the influence”—meaning the person was either impaired or had a prohibited amount of drugs or alcohol in his or her body.

Many DUI defenses target one of these two components (also called “elements”) because the prosecution must prove both to get a conviction. The defenses available to a DUI defendant depend, to some extent, on state DUI laws. But this article gives an overview of some DUI defenses that are available in most states.

DUI Defenses related to the “Driving” Element

In some states, you can’t be convicted of a DUI unless you were actually driving a vehicle. So, if you were asleep in a parked vehicle in one of these states when police arrived, you probably have a good defense.

But most states don’t require proof of actual driving for a DUI conviction. All the prosecution needs to prove is that you were in “actual physical control” of a vehicle while intoxicated. In other words, you can be found guilty even if you weren’t caught behind the wheel with the car in motion.

However, whether a driver was in “actual physical control” of a vehicle is a fact-specific question. If the facts show the arrested person was unlikely to actually put the vehicle in motion, there’s a good chance the DUI charge won’t stick.

For example, if a drunk person was asleep inside a vehicle but didn’t have the keys, it might be hard for the prosecution to convince a jury that the person was in actual physical control of the vehicle.

DUI Defenses Related to Driver Intoxication or Impairment

Evidence of driver intoxication comes in various forms. However, in many cases, there are chemical test results showing how much alcohol and drugs the driver had in his or her system. It’s also common for the police officer who made the arrest to testify at trial regarding observation of the driver’s impairment.

Challenging the Accuracy of Alcohol and Drug Test Results

Because it’s illegal to drive with a blood alcohol concentration (BAC) of .08% or more (.05% or more in Utah)—called a “per se DUI”—chemical test results alone can prove the intoxication component a DUI charge.

When challenging alcohol- or drug-test results, you’re typically either saying the results are unreliable because of some flaw in the testing procedure or represent an inaccurate measurement of the amount of drugs or alcohol at the actual time of driving.

Experienced DUI attorneys know exactly what to look for when assessing a case for these types of defenses. Defenses related to chemical test results might also require the testimony of an expert witness who can explain why the results of the state’s tests are unreliable.

Challenging the Officer’s Testimony About Signs of Intoxication

For proving a DUI based on actual impairment (as opposed to the amount of drugs or alcohol in the driver’s system), the officer’s observations can be an important part of the prosecution’s case. An officer’s observations of impairment might include:

  • poor (field sobriety test) FST performance
  • the odor of alcohol
  • bad driving
  • bizarre behavior
  • slurred speech, and
  • bloodshot eyes.

To beat a DUI charge, the defense might need to challenge the significance of an officer’s observations. It just depends on the circumstances, but it can be difficult to convince jurors that the officer’s conclusions about the driver’s intoxication were wrong.

Introduce Witnesses Who Saw Things Differently

One way to challenge an officer’s observations is to bring in witnesses who were present when you were arrested and saw things differently than the officer. Unfortunately, in many cases, there aren’t any witnesses. Or, if your witness was a passenger in your car, the prosecution might argue that your witness is biased.

Offer Valid Explanations for Your Appearance and Behavior

For some officer observations, you might be able to provide an explanation—other than intoxication—for what happened. For example, fatigue and physical disabilities can lead to poor FST performance. And bloodshot eyes can be caused by allergies and other irritants.

When Field Sobriety Tests are Unreliable

In challenging the accuracy of FST results, attorney look for ways in which the officer might have failed to follow protocol in administering the tests. For example, some of the tests must be performed on a flat surface. So, if the driver was made to perform FST on a sloped road shoulder, the defense can use this fact to cast doubt on the officer’s ultimate conclusions.

DUI Defenses Related to Illegal Traffic Stops and Unlawful Arrests

When police don’t use proper arrest procedures, it can sometimes provide you with a good defense to a DUI charge. Defenses related to arrest procedures typically involve arguing that—because police didn’t follow the law when stopping or arresting you—the judge should throw certain evidence out.

Generally, police need probable cause to stop your vehicle, and if they’re going to arrest you for a DUI, they need probable cause for that too.

Illegal Traffic Stops in DUI Cases

For the traffic stop, police have probable cause if there’s reason to believe the driver or someone else in the vehicle has broken the law. (DUI checkpoints and roadblocks are, however, an exception to the probable cause rule.) Basically, any traffic violation will suffice. But if the police pull you over without a legitimate reason, a judge is likely to say all the evidence subsequently obtained is inadmissible in court.

No Probable Cause for DUI Arrest

A valid traffic stop doesn’t necessarily make a DUI arrest proper—the officer must also have reason to believe the motorist was in violation of the state’s DUI laws. Probable cause for a DUI arrest usually comes from the officer’s observations and sometimes breath-test results.

Both forms of evidence can be tricky to challenge. An officer might say you performed poorly on FSTs, smelled of alcohol, and had slurred speech. For most judges, that would be enough evidence for probable cause. And in most situations, breathalyzer results showing your BAC was over the limit are going to make challenging probable cause an uphill battle.

Failure to Give Miranda Warnings in DUI Cases

Occasionally, Miranda warnings come into play in DUI cases. Police are generally required to give Miranda warnings prior to questioning a suspect who’s in police custody. So, if a DUI suspect who’s in police custody and hasn’t been given Miranda warnings makes an incriminating statement in response to police questioning, the statement probably can’t be used in court against the suspect.

Talking to a DUI Attorney

This article goes over some basic information about DUI defenses, but there’s no substitute for the help of a knowledgeable attorney. If you’ve been arrested for driving under the influence, you should get in touch with a qualified attorney as soon as possible.

 

Source

https://www.nolo.com/legal-encyclopedia/dui-dwi-defenses-32254.html

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*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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