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How To Get An Order Of Protection Dismissed In AZ

Charged with Aggravated Assault: What to Do & Costs Associated

It is possible to drop an order of protection once it has started in particular circumstances. However, the judge (or a different judge) needs to perform an evaluation of the current situation. In some circumstances where the order of protection has been filed is because of improper reasons. When this is explained to the judge in Arizona, he or she may decide to quickly drop the outstanding order.

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Reversing the order when a spouse or partner either regrets or thinks the order of protection has been applied for the wrong reasons, it may require more work to reverse the order than it is when then the order was originally issued. A partner or spouse may call a judge through the appropriate means is there is a need for direct distance between the individuals.  As long as there is reasonable evidence, this is usually granted and may require a complete order or one that prevents the other party from having contact.

What Is A Protective Order In Arizona?

A Protective Order restrains an individual from harassing or committing domestic violence against another individual or group of people. In normal circumstances, a judge will consider and rule upon any requested petitions on the same day they are filed with the court.

A Protective Order can be issued following a petition in any court in Arizona. Beneath is a link to a nearby court. Contact them to learn more for specific instructions on their processing of Protective Orders.

If the Protective Order is not being served in phoenix, you may want to petition the court in the area it will be served.

There are two kinds of orders:

  1. When one partner thinks they require a level of safety to be guaranteed by law. This allows for no contact or communication. It also prevents the person from being within a certain distance of the protected.
  2. The other kind of order usually has provisions for some form of contact but often limits communication. The safety usually includes a lack of emotional speech and actions as well as a lack of violence. In normal circumstances, the second type is usually the option that is chosen. This can have an impact on the target in various ways.

References: Maricopa County Justice Courts Maricopa County Superior Court

Order Of Protection Reasons

There may not be a legitimate or valid reason when a partner or spouse is successful in having an order of protection obtained. There are various reasons as to why this is. it may have been done in the heat of the moment or as an irrational and emotional act. Or perhaps someone has talked to the person and they have drawn the conclusion it was wrong to go for an order. Understand just because things may get heated between a couple, it does not particularly mean they are solid grounds for a protection order.

It is also used as a tactic in the hope it will increase the odds of obtaining greater funds in the case of a divorce or acquiring custody of a child or children. These orders may become more complex in the case of abuse or domestic violence. The other party may find the order remains in place until they can prove themselves innocent of criminal charges. Once the concern is in the process stage in the criminal courts, not much can be done. Lifting the order becomes nearly impossible unless the case is either dropped or is concluded by a judge or jury as with a verdict of not guilty.

Dropping The Protection Order

If there are no criminal charge claims the courts have aimed at the target of the order, the process is simpler and there is room for possibly dropping the order. However, when the situation solely involved the domestic relations courts, dropping the order is far less difficult. The petition order may be dropped if the parties can agree to file a dismissal.

Furthermore, if the parties fail to show for a hearing, the petition loses its validity. In the absence of a prosecuting lawyer whose job is to pursue the case – there is no need to maintain the protection order if there is no interest from either party in keeping the order active.

Dismiss An Order Of Protection With A Lawyer

It is vitally important to hire a lawyer who knows what can be done so the order of protection may be dropped. Although the person has to initially file a dismissal, the other party may be a no-show for the hearing. A lawyer can also offer many helpful ways forward and explain how to proceed depending on the actions of the party that is protected.

Source:

  1. Hg.org, www.hg.org/legal-articles/back-together-with-my-abuser-can-i-drop-an-order-of-protection-47090.

Contact Our Order of Protection Lawyers in Scottsdale

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If you are dealing with a restraining order or are thinking of filing for one, contact Canterbury Law Group today. Our dedicated order of protection lawyers in Scottsdale will ensure thorough preparation for your restraining order, or defense from same, and help you navigate the legal issues that inevitably arise.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

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What Is An Aggravated DUI In Arizona?

What Is An Aggravated DUI In Arizona

Driving under the influence (DUI) is a serious charge across the U.S. Arizona, specifically, has some of the toughest DUI laws in the country. In some situations, a DUI charge can be elevated to an aggravated DUI. This charge can result in more severe penalties.

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What Is Aggravated DUI In Arizona?

Also known as a felony DUI, an aggravated DUI, happens when certain aggravating factors occur during the DUI offense. These factors can escalate a standard DUI to a more severe level. These are the following circumstances when a DUI can become an aggravated DUI in Arizona:

  • DUI charge while individual under 15 years old is in the vehicle.
  • DUI with a suspended, restricted, or revoked driver’s license.
  • DUI while an ignition interlock device is required.
  • Third DUI conviction within the past 7 years.

Aggravated DUI Penalties In Arizona

Of course, penalties for an aggravated DUI are much harsher than a standard DUI. These are some of the potential penalties:

  • Fines and fees ranging from $4,000 to $150,000.
  • Mandatory imprisonment from 4 months to 8 years.
  • License revoked for up to 3 years.
  • Required to install an ignition interlock device.
  • Probation up to 10 years, including mandatory alcohol education, community service, and counseling.

Defending Against An Aggravated DUI

An experienced criminal defense attorney can help you to fight against an aggravated DUI charge. The attorney will challenge the evidence and create a strong and compelling defense strategy.

Common defense tactics will include:

  • Questioning field sobriety tests accuracy.
  • Challenging the legality of said traffic stop.
  • Arguing for exclusion of certain pieces of evidence.
  • Disputing reliability of blood tests/breathalyzer.
  • Presenting mitigating factors that can reduce the severity of the penalties.

DUI Vs Aggravated DUI

Driving Under the Influence is a criminal charge of motor vehicle operation while you are in a state of impairment from alcohol or drugs. A DUI can have severe penalties, especially in states like Arizona. You can be fined, have your license to drive suspended or even spend time in jail. Depending on the level of your blood alcohol concentration (also known as BAC) you could be looking at a minimum punishment of more than 6 weeks in jail for your first offense. Other possible penalties besides jail time include:

  • Large fines.
  • Insurance premium increases.
  • A requirement to install an ignition interlock device on your car.
  • Suspension of driver’s license.

It is very well known both prosecutors and police in Scottsdale enforce the laws in an aggressive fashion even when the probable cause of the arrest is weak. A very hardline stance is adopted by the city prosecutor of Scottsdale when it comes to DUI cases and whom has a history of seldom agreeing to dismiss a charge for DUI as part of a plea deal. You need an attorney who will just not accept you entering a guilty plea and going to jail as a result.

Searching For DUI Attorney In Arizona?

A competent DUI lawyer will listen to you, have an understanding of your case and then assist you in court is not always easy to find. It may be a wise to ask friends who you trust as well as family members to see if they have any recommendations or suggestions. Next, assemble a list (perhaps a spreadsheet can be used) include the name of the attorney, their area of practice, contact details and their address.

If you have spoken to them, write down the cost of their services in another column. Furthermore, check the background of any lawyers you are considering. The State Bar website will have useful information on any malpractice in their history. Also ensure they are licensed to practice law in the area you live.

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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How To Beat A DUI In Arizona

How To Beat A DUI In Arizona

Driving Under the Influence is a criminal charge of motor vehicle operation while you are in a state of impairment from alcohol or drugs. A DUI can have severe penalties, especially in states like Arizona. So, how can you beat a DUI? Let’s take a look at 10 ways below.

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Ways To Beat A DUI In Arizona

You can be fined, have your license to drive suspended, or even spend time in jail for a DUI in Arizona. Depending on the level of your blood alcohol concentration (also known as BAC) you could be looking at a minimum punishment of more than 6 weeks in jail for your first offense. Other possible penalties besides jail time include:

  • Large fines.
  • Insurance premium increases.
  • A requirement to install an ignition interlock device on your car.
  • Suspension of driver’s license.

It is very well known both prosecutors and police in Scottsdale enforce the laws in an aggressive fashion even when the probable cause of the arrest is weak. A very hardline stance is adopted by the city prosecutor of Scottsdale when it comes to DUI cases and whom has a history of seldom agreeing to dismiss a charge for DUI as part of a plea deal. You need an attorney who will just not accept you entering a guilty plea and going to jail as a result. Your attorney may use one of the following ways to beat your DUI charge.

1. No Cause For Arrest

The officer who pulls you over needs to have enough suspicion to arrest you following the traffic stop. If you are able to prove the officer did not have a legitimate reason for pulling you over, the case can be dismissed regardless of the DUI test results.

2. Driving Over Speed Limit

Speeding and driving under the influence are not always related to one another. This means that speeding cannot be the reason for suspected intoxication. The defense will need to show that a speed detection instrument was used to show the driver was traveling over the speed limit.

3. Not A Random Stop

The NHTSA outlines that the officer(s) should stop vehicles according to a formula put in place. If there was any deviation in your case, you can bring this up in your defense.

4. Not Your Alcohol

If the officer discovers an open bottle of alcohol in your vehicle, he or she could use this as proof for DUI. You will be able to prove that the bottle belonged to someone else in the vehicle, though. Or you can make the case that you did not know there was an open bottle in the vehicle.

5. Test Site Delay

You can also make the case that there was too long of a delay in taking you to the chemical testing site after you were stopped by the officer.

6. Weaving In And Out Of Traffic

If the officer stopped you at first for simply weaving in and out of lanes, you can protest this as well. You may have been changing lanes to avoid an accident or inclement weather. The officer did not have the right to stop you if the weaving was not done consistently.

7. Not A Complete Stop

You may show that intoxication was not the reason why you were unable to stop properly at a traffic signal. This could have happened due to many other factors and it is not proof of intoxication while driving.

8. No Reasonable Doubt Of DUI

In order to stop and interrogate you, the officer must be reasonably sure that you are under the influence. Even erratic driving patterns do not show you are intoxicated.

9. Staggering Not Alcohol-Related

Staggering or swaying on the sidewalk may be used as evidence of a DUI. Of course, swaggering can be the result of uneven road conditions or a medical issue.

10. Breathing Time

10 seconds is the recommended amount of time you must breathe into a machine to determine intoxication. You can make the case that you were breathing for too long or not enough time before the DUI was determined.

How To Find A DUI Lawyer In Arizona

A competent DUI lawyer will listen to you, have an understanding of your case and then assist you in court is not always easy to find. It may be a wise to ask friends who you trust as well as family members to see if they have any recommendations or suggestions. Next, assemble a list (perhaps a spreadsheet can be used) include the name of the attorney, their area of practice, contact details and their address.

If you have spoken to them, write down the cost of their services in another column. Furthermore, check the background of any lawyers you are considering. The State Bar website will have useful information on any malpractice in their history. Also ensure they are licensed to practice law in the area you live.

Source: https://www.duirights.com/arizona/10-ways-to-beat-an-arizona-dui/

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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When Is Divorce Mediation Not Recommended?

When Is Divorce Mediation Not Recommended

Let’s take a look at what divorce mediation is, how long it takes, and when the process is not recommended.

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What Is Divorce Mediation?

Divorce mediation allows couples who are divorcing a process to meet with neutral third-parties serving as specially trained mediators to resolve common divorce issues out of court.  Mediation is far less stressful and expensive than a divorce trial. it also is usually a far faster route because your spouse and you have the last say over the matters of your divorce as opposed to asking a judge to decide.  Most couples “mediate out” of their divorce cases in less than half the time and expense typically incurred in a conventional court house litigated divorce case.

When there was a lack of communication, perhaps partially responsible for the demise of the relationship, mediation gives you both the chance to rebuild your skills of communication. Even the most trained professional can help couples with poor communication skills achieve a successful negotiation. Most mediations start and wrap up in one day. The Rule 69 agreement you sign at the end of your mediation is 100% binding the instant you walk out the door.  There is no “do over” or second chances to mediate again the following day if you both sign a final agreement.

How Long Does Divorce Mediation Take?

On average, divorce mediation can take anywhere from 1-6 months depending on the complexity of your situation. How the two parties deal with their issues and the ability to be flexible as they negotiate a fair agreement dictates how long the mediation will take. As each case is different, the average case typically takes at least one half-day, or full day mediation session.  About 75% of mediations will settle on the first day.

The other 25% will have to come back another day, sometimes with more documents or things required to fully resolve all disputed issues.  Mediations are usually scheduled at least a month in advance and several weeks apart so that both parties have time to locate and produce all relevant financial documents.

When Is Divorce Mediation Not Needed?

Depending on individual divorce circumstances, the Scottsdale divorce attorneys at Canterbury Law Group may or may not suggest mediation in divorce. For a divorce mediation to be successful and end in a fair and equitable settlement, several factors need to be present. First, both of the parties should have similar financial circumstances, including equal earnings and relatively equal separate assets. Second, both parties should be equally agreeable to the divorce, and they should have an amicable relationship with one another.

Third, both parties should have an excellent understanding of the other party’s income and finances and have equal access to the other’s financial statements. Finally, both parties need to be equally competent negotiators and be in equal negotiating positions. If any of those factors are not present, the divorce is not a good candidate for mediation. Thus, you should proceed with caution before electing mediation.

If you are considering mediation, here are reasons you should think twice before proceeding.

1. No One Is Looking Out For Your Interests

it is not the job of the mediator to look out for your interests. Rather, the mediator’s job is to act as a neutral party to facilitate the parties reaching their own agreement. In fact, since a mediator is legally bound to be neutral, he or she cannot alert or advise you if an agreement is unfair.

Worse yet, some mediators will subtly push the parties into accepting an unfair agreement simply so they can claim that the mediation was a “success.” This is why you are supposed to retain a divorce attorney to advise you in the background during the mediation process.

2. Mediation Can Cost More Than A Traditional Divorce

People often choose mediation because they think it will be less expensive than a regular litigated divorce. While it can be, this is frequently not the case. People entering mediation are almost always surprised to hear that they should hire their own attorneys to represent them in the background during the process. Once they hear that advice, much of the appeal of mediation disappears. That is why most people ignore that crucial advice, and proceed with mediation without representation.

Another frequently overlooked aspect of mediation that can end up making it more expensive than traditional divorce is the high risk of an unfavorable marital settlement agreement. Lack of knowledge about your spouse’s financial assets, ignorance of the law, and poor negotiating skills can easily cost you tens or hundreds of thousands of dollars when you end getting less than you otherwise would have if you had retained a divorce attorney. You have not saved money if you negotiate a poor marital settlement agreement.

3. There Is No Guarantee Your Case Will Be Settled In Mediation

If you do proceed with mediation correctly and hire a divorce attorney to represent you in the background, mediation will likely cost you and your spouse anywhere from $10,000 to $30,000 — and you may not succeed in reaching an agreement with your spouse.

If you don’t reach an agreement, you may have to start the process over again with traditional divorce litigation. And any money you have spent on mediation will have been wasted, sent down the drain.
To discuss your options in a Scottsdale divorce, call us today to schedule a consultation.

4. One Spouse Refuses To Reveal Their Assets

If one spouse is hiding or lying about marital assets, divorce mediation will be unsuccessful. Divorce mediation always requires honesty and trust from both parties.

5. There Is A History Of Domestic Abuse

It is certainly possible for one spouse to endure even more abuse or be traumatized merely by sitting across from his or her spouse during the mediation process.

6. There Is No Communication Between Spouses

When the spouses are refusing to speak to one another, it’s unreasonable to expect you’ll be able to talk during mediation. Both spouses must engage and collaborate on solutions for themselves and their families. Some couples come into the process too angry or resentful to make it a success.

7. One Spouse Doesn’t Want A Divorce

If you want a divorce but your spouse wishes to stay together, there are certainly some marital issues for you to work out prior to mediation. Do not confuse divorce mediation with couples therapy.

8. When No Help Is Needed Negotiating Assets

If you do not have children or a lot of marital assets, you do not have to engage in mediation. You may just need the help of an attorney to put your agreement in writing.

Need a Divorce Mediator in Scottsdale?

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We have a network of Arizona mediators, attorneys, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our divorce mediators and collaborative divorce lawyers in Scottsdale are here to make your divorce less stressful and keep you in control and costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

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Fathers Rights In Arizona: Everything You Need To Know

Are Your Fathers Rights Being Violated

When a court has issued visitation and child custody orders, parents have an obligation to follow them. When a parent does not do this, there are several options open to the other party, depending on how severe the outstanding issues are. Mothers can face serious consequences including a jail sentence, the payment of attorney fees and maybe even the loss of any custodial rights, should the mother violate the rights of a father. Read on to learn more about father’s rights in the state of Arizona.

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Custody Violations and Custody Decisions

There are several types of custody a court can make but in essence they are dealing with the assignation of child custody to one or both parental parties. Popular custody types include:

  • Primary Custodial Parenting Time– the child or children resides with only one of the parents
  • Sole Legal Decision Making– one parent has the complete responsibility for the welfare, health and education of the child or children
  • Joint and Equal Parenting Time – both parties have large amounts of physical visitation with their child or children
  • Joint Legal Decision Making – both parents share equal responsibility for the decisions regarding a child or children’s welfare, health and education

A mother can face an accusation of violating the rights of a father if she does not uphold her court-mandated responsibilities to the child or children, or if she decides to interfere with the ability of the father by making it difficult or impossible for him to invoke his custodial rights.

Courts view paternal rights very seriously including the rights a father has to be a co-parent in the raising of his child or children. Judges tend to reject a parent’s credibility when one parent purposefully or even accidentally interferes with the responsibilities and rights of the other party or acts as a damaging influence in the relationship a parent has with their child or children.

Visitation

Parents’ parenting time rights are shared via written court orders including the times and dates when a parent may invoke custody rights. The court order may be more specific and clearly make a determination regarding child transportation and locations where the kids can be collected at the start and end of a visitation. Both parents are strongly urged to stick to the mandated court schedule yet remain flexible to accommodate reasonable needs of the other parent.

When the court ordered schedule is deviated against your wishes for multiple weeks or months, it is usually best to head back to court and have a legal modification completed to the court order. If a new schedule has been verbally agreed by the parents and the mother then commit a violation of said schedule, the father may be in a position whereby he is not able to obtain the legal enforcement of the previously stated verbal agreement.

Tips for Fathers Trying to Get Custody In Arizona

Many fathers assume they won’t have a fair trial when trying to obtain legal custody of their child. This is not true, although it is crucial to have experienced and trusted child custody help in Phoenix. The family law attorneys at Canterbury Law Group have years of experience recognizing and building formidable cases that will protect your interests and maximize your parenting time.

If you’re a father hoping for custody of your child, we have tips that may help you and your case:

Pay Child Support: A father who wants custody of a child should prioritize making regular child support payments. If he has an informal arrangement with the child’s mother, it is crucial to maintain records such as check receipts or a written letter from the child’s mother detailing the support arrangements. If a father is struggling with child support payments, he should request a modification rather than sacrificing a payment.

Maintain a Strong Relationship: Even if the child is not in the custody of the father, a relationship can still consistent. The dad should call the child frequently and check in on their day, schedule a time to stop by the child’s school and introduce himself to the administration and ensure the child knows that he’s there to offer any assistance necessary. A father who wants custody should also attend the child’s social, educational, religious and other important events as evidence of a continuing relationship with the child.

Keep Precise Records: A father should maintain an accurate visitation schedule record to help obtain child custody. A father can capture accurate visitation records by developing and maintaining a parenting plan.

Prepare a Space for Your Child At Home: A father should make a special place in his home for the child, regardless of the size of the home. A court will inquire about adequate living accommodations during all child custody hearings, so a father should be prepared to respond to the judge’s inquiry.

Consider Mediation: A father who wants custody of a child should consider mediation or arbitration, prior to undergoing an adversarial court hearing. In mediation or arbitration, cases are decided by a neutral third party. For a father, custody proceedings in a courtroom may be difficult to handle, so he may prefer the smaller, friendlier setting associated with mediation or arbitration.

Our legal team has extensive experience in child custody help in Scottsdale. We help fathers get fair and equitable treatment by the courts. Recent changes to Arizona law mandate that the court treat both mothers and fathers equally in the eyes of the law. If a man fears that his wife may leave and take the children, it is his obligation to ensure he takes steps needed to protect his role as the father. That may mean consulting an attorney before his wife has the opportunity to file for a divorce.

The family law attorneys at Canterbury Law Group have significant expertise in father’s rights issues and can capably guide you through. Your children are counting on you to make the right decisions both before and after the divorce case has been filed.

Full Custody Right Factors Considered By the Courts

Those parents who want full custody rights should know what to expect prior to their court proceedings. A court will determine the following factors in deciding which parent should gain full custody rights:

Paternity: A father who is interested in gaining full custody of their child should have proven their paternity of the child. A father can establish paternity by signing the child’s birth certificate or by acknowledging paternity during paternity proceedings in court, or after court ordered genetic testing of both parents’ DNA.

The father’s relationship with the child: A judge will examine the parent’s relationship with the child, prior to granting them full custody rights. The father should be prepared to answer questions regarding his relationship with the child during their child custody proceedings. A judge will also inquire about past regular visitation.

The child’s relationship with his/her mother: A court will be hesitant to interrupt a child custody arrangement that is working, particularly if the child’s mother is the principal caretaker of the child. For instance, a court would consider changing the custody arrangement if they feel the child is in danger, or if the child’s mother is suffering from a mental illness or if the child’s mother is taking drugs or abusing alcohol. A father who desires full custody of their child should be prepared to prove that a substantial  change in circumstances justifies a complete change in custody.

 

Can A Mother Violate The Rights Of A Father?

Here are some of the common ways a mother can violate a fathers’ rights:

  • Mother’s unilateral scheduling of activities during Father’s custodial parenting time, thereby making it impossible for father to be able to spend time with his child or children to the extent allowed under the terms of the court ordered visitation schedule;
  • Encourages others or takes part in ridiculing the father with the purpose of discrediting the father and his relationship with his child or children;
  • Without permission or agreement with the father, takes the child or children and permanently moves them to an out of state location;
  • Uses the child or children as a message boy or girl to the father or involving the child or children in any issues regarding divorce proceedings or custody issues with a goal of disturbing the time a father has with his child or children;
  • Does not co-parent with the father of the child or children;
  • When the father is behind on child support, the mother denies him access to the child or children;
  • Mother does not adhere to an established schedule and frequently has the father waiting on her to deliver or collect the child or children;
  • The mother neglects to include and involve the father of the child or children when he has joint custody in making decisions regarding the upbringing of the child or children; and
  • Subjects the father to accusations of child neglect and/or abuse of his child or children despite knowing what she is saying is false.

Recourse When a Mother Violates The Rights Of A Father

The first thing a father should attempt is communication with mother but not when a restraining order against you is not already in place. If this is the case, you need to speak to a family law attorney without delay to initiate conversation with the attorney of the other party.

It will be of great benefit to keep a documented record of the times, dates and methods used by the mother whenever a violation of your rights has occurred. Should the mother make a decision to continue with the violation of your visitation or custody rights, you can call the local police department and they have the means to enforce the orders of the court.

If the mother refuses you access to your child or children, help can be obtained from the local district attorney’s Child Abduction Unit. And of course, you should let your attorney know about any involvement of law enforcement in the scenario you are facing.

If you desire, a contempt court action can be filed by your attorney against the mother of your child or children. A contempt hearing can then be scheduled and a Judge will make a determination if the mother is indeed in violation of the established court custodial orders. If this is found to be the case, the court can do some or indeed all of the following in their judgment:

  • Permit the father additional visitation rights to his child or children by making a change to the established custody order;
  • Grant the father primary physical custody of the child or children, thereby again changing the established custody order;
  • Change the custody order to give the father sole legal custody;
  • Make an order where the mother can only have visitation which is limited to “supervised visits”;
  • Impose a jail sentence or fines on the mother for contempt of court; and
  • As the father had to bring the contempt of court action, the judge may decide the mother is responsible for the legal fees of the father.

Source: Wallin, Paul. “Consequences Mothers Face for Violating Father’s Rights: WK.” Wkfamilylaw, 17 Dec. 2018, https://www.wkfamilylaw.com/consequences-mothers-face-violating-fathers-rights/.

Speak with Our Father’s Rights Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

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!

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

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How Long Is A Prenup Good For?

How Long Does a Prenup Last?

Prenuptial agreements usually last for the lifetime of a marriage but some couples include what is called a “sunset” clause where the prenuptial agreement is no longer valid after a certain time period. If there is no clause it is assumed the agreement will last a lifetime. Read on to learn more.

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What Does a Prenup Cover?

A prenup can include the following:

  • Spousal support or alimony
  • A child or children from a previous marriage
  • Estate plans
  • Family property
  • Financial obligations
  • Liability of debt and assets
  • Division of property
  • Spending and saving strategies
  • Separate and marital property
  • Business ownership

It is important to work with an experienced attorney who is knowledgeable in matrimonial law as well as Arizona laws regarding prenup agreements. Canterbury Law Group can help you find the right professional in Arizona to discuss and create a prenuptial contract that best fits your relationship and marital expectations.

Can You Change Or Cancel A Prenup?

A prenup may be changed at any time but both parties must agree to the changes in writing. If a couple of items are changed, the rest of the prenup still stands. Should the couple want to terminate the prenup they can do so in writing.

Can You Sign A Prenup After You Are Married?

Some couples get married prior to signing a prenuptial. It is called a postnuptial agreement and the structure of the agreement is almost identical to that of a prenuptial agreement.

It can take from a few minutes to a few months to finalize a prenuptial agreement.  AVVO says, “Your best bet is to schedule a free 1/2 hour consultation with an attorney who can give advice after the facts are known.” Forbes says, “Presenting your intended with a prenup the week before the marriage is not good practice, and in some states could be used to overturn the prenup. For that reason, the idea of a prenup should be raised long before the marriage.”

 

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As proven legal counsel in family court, we have a network of Arizona attorneys, expert witnesses, mediators, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyers, divorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, 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.

Marriage, Prenup, Prenups, Prenups in Scottsdale, prenuptial agreement
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How To Get A Protective Order Dropped

Charged with Aggravated Assault: What to Do & Costs Associated

It is possible to drop an order of protection once it has started in particular circumstances. However, the judge (or a different judge) needs to perform an evaluation of the current situation. In some circumstances where the order of protection has been filed is because of improper reasons. When this is explained to the judge, he or she may decide to quickly drop the outstanding order.

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Reversing the order when a spouse or partner either regrets or thinks the order of protection has been applied for the wrong reasons, it may require more work to reverse the order than it is when then the order was originally issued. A partner or spouse may call a judge through the appropriate means is there is a need for direct distance between the individuals.  As long as there is reasonable evidence, this is usually granted and may require a complete order or one that prevents the other party from having contact.

Protection Order Explained

There are two kinds of orders:

  1. When one partner thinks they require a level of safety to be guaranteed by law. This allows for no contact or communication. It also prevents the person from being within a certain distance of the protected.
  2. The other kind of order usually has provisions for some form of contact but often limits communication. The safety usually includes a lack of emotional speech and actions as well as a lack of violence. In normal circumstances, the second type is usually the option that is chosen. This can have an impact on the target in various ways.

Order Of Protection Reasons

There may not be a legitimate or valid reason when a partner or spouse is successful in having an order of protection obtained. There are various reasons as to why this is. it may have been done in the heat of the moment or as an irrational and emotional act. Or perhaps someone has talked to the person and they have drawn the conclusion it was wrong to go for an order. Understand just because things may get heated between a couple, it does not particularly mean they are solid grounds for a protection order. It is also used as a tactic in the hope it will increase the odds of obtaining greater funds in the case of a divorce or acquiring custody of a child or children. These orders may become more complex in the case of abuse or domestic violence. The other party may find the order remains in place until they can prove themselves innocent of criminal charges. Once the concern is in the process stage in the criminal courts, not much can be done. Lifting the order becomes nearly impossible unless the case is either dropped or is concluded by a judge or jury as with a verdict of not guilty.

Dropping The Protection Order

If there are no criminal charge claims the courts have aimed at the target of the order, the process is simpler and there is room for possibly dropping the order. However, when the situation solely involved the domestic relations courts, dropping the order is far less difficult. The petition order may be dropped if the parties can agree to file a dismissal. Furthermore, if the parties fail to show for a hearing, the petition loses its validity. In the absence of a prosecuting lawyer whose job is to pursue the case – there is no need to maintain the protection order if there is no interest from either party in keeping the order active.

Dismiss An Order Of Protection With A Lawyer

It is vitally important to hire a lawyer who knows what can be done so the order of protection may be dropped. Although the person has to initially file a dismissal, the other party may be a no-show for the hearing. A lawyer can also offer many helpful ways forward and explain how to proceed depending on the actions of the party that is protected.

Source:

  1. Hg.org, www.hg.org/legal-articles/back-together-with-my-abuser-can-i-drop-an-order-of-protection-47090.

Contact Our Order of Protection Lawyers in Scottsdale

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If you are dealing with a restraining order or are thinking of filing for one, contact Canterbury Law Group today. Our dedicated order of protection lawyers in Scottsdale will ensure thorough preparation for your restraining order, or defense from same, and help you navigate the legal issues that inevitably arise.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

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What Is The Average Retainer Fee For A Criminal Lawyer?

Criminal Lawyer Cost

The average cost of a criminal defense lawyer is $8,000 with average prices ranging from $1,000 – $15,000 in the US according to LegalMatch [1]. *Disclaimer – This is not an actual quote. If you need an experienced criminal defense lawyer contact Canterbury Law Group to start your initial consultation.

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In criminal prosecution actions, the Constitution guarantees you a right to counsel. If you are unable to afford the services of a private attorney, the court will appoint an attorney on your behalf. Based on your assets and income, the court may decide you can afford an attorney, in that situation you can either represent yourself or hire a private attorney.

What Factors Cause Criminal Defense Costs to Vary?

There are many factors to consider when assessing the overall costs of a criminal case:

Investigators and Expert Witnesses – Very often criminal cases have multiple and complex issues that require expert witnesses and/or investigators. To demonstrate, a defense attorney may hire the services of someone who specializes in chemical testing to explain the results of a Blood Alcohol Content analysis in a DUI trial. Or the services of a psychologist may be required if the defendant is wishing to raise a defense of legal insanity. Expert witnesses and investigators require an average retainer fee of $2,500 and they may charge in excess of $300 per hour.

Attorney’s Fees – Attorney’s fees vary depending on several different factors. Here are some of the more important factors that will have an impact on the rate attorney’s charge:

  • Whether the case goes to trial.
  • Whether the attorney charges a flat fee or by the hour.
  • The skill of the attorney.
  • The number of years the attorney has practiced criminal defense.
  • The seriousness of the charged offense.
  • The complexity of the legal issues in the case.
  • The number of years the lawyer has appeared in criminal court in that particular jurisdiction.

How Much Will It Cost if the Lawyer Charges a Flat Fee?

If you face a misdemeanor charge and the lawyer charges a flat fee, expect to pay somewhere between $1,500-$3,500. If going to trial is a possibility, you can expect the fee to be between $3,000-$5,000. When the severity of the charge rises to a felony and when the lawyer thinks that he may be able to obtain a settlement that is favorable, the flat fee may range from $3,000-$6,000. But if it seems inevitable there will be a felony trial, flat fee costs ranging from $10,000-$20,000 are not uncommon. When you are facing serious charges where life in prison is a possibility, such as murder, for a lawyer working on a flat fee you can expect to pay upwards of $40,000.

Criminal Defense Attorney Fees Per Hour

Criminal Defense Attorney Fees Per Hour

You can expect to pay anywhere from $100 to $300 per hour to hire a criminal defense lawyer according to CostHelper. For example, Thumbtack says, “if an attorney has a $200 hourly fee, he or she may require a 10-hour retainer fee of $2,000”

Some attorneys and those who are already well known in their practice area will often charge by the hour to their clients  as opposed to using a flat rate fee. Additionally, if an appropriate flat fee cannot be determined because or the complexity of a case, the attorney may decide to charge an hourly rate instead. The relative ability of the lawyer will cause the hourly rates they charge to greatly differ. For a highly experienced criminal defense lawyers time you can expect to pay $250-$750 per hour. It is worth noting that it is not uncommon for legal bills to quickly mount up into the $10,000-$15,000 range per month when an hourly fee structure is being utilized.

Attorneys.com says “Criminal lawyers who charge by the hour may break up the hour into 15-minute or 6-minute increments… The lawyer who charges $200 an hour in 15-minute increments would charge you $50 for that time, while a lawyer who charges the same but in 6-minute increments would only charge you $20.”

In addition, the payment of an up front retainer may be required by a lawyer who is charging you by the hour. This retainer will cover an agreed amount of the lawyer’s initial time. Once the retainer is exhausted, the client will be expected to replenish with new funds.

How Much Does a Lawyer Cost for a Misdemeanor or Felony?

Lawyer Cost for a Felony

A lawyer costs about $2,000 to $3,000 for a misdemeanor. According to Nolo, “a defendant charged with a misdemeanor that goes to trial should not be surprised by a legal fee in the neighborhood of $2,000–$3,000; an attorney may want an advance of around $2,500, and $1,000 per day of trial in a felony case.”

A lawyer can cost anywhere from $10,000 to $100,000 for a felony. TheLawMan says, “most will agree that the cost for a first-degree felony is at least $10,000, often more. For the most experienced lawyers, you should expect to pay between $35,000 and $100,000 or even more.”

How Much Does a Lawyer Cost for Drug Possession?

How Much Does a Lawyer Cost for Drug Possession?

If you are charged with misdemeanor drug possession you can expect to pay anywhere from $2,000 to $3,000. If you are charged with felony drug possession you can expect to pay a retainer of $2,500 and pay a cost of $1,000 per day of trial.

According to CostHelper, You can expect to pay about $3500 for a misdemeanor drug possession charge. You can expect to pay about $10,000 for a felony drug possession charge. You can expect to pay about $25,000 for a serious felony drug possession charge.

Do I Need an Attorney to Represent Me?

It is vitally important to consult an experienced attorney before you respond to any criminal prosecution in writing or by direct contact with the prosecutor, even if think you have committed a particular crime and want to enter a guilty plea. At the very least, a skilled attorney can make sure the charges you face are appropriate for the facts of the case and they are capable of advocating on your behalf so you have the best chance of obtaining the lowest penalty possible. For example, say an individual is caught leaving a jewelry store with a necklace worth $100. The shop owner who is angry over the incident tells law enforcement the value of the necklace is $1,000. The difference in values means a charge of petty theft (misdemeanor) would become grand theft (felony). Even the most experienced criminal lawyers agree they would not want to defend themselves if charged so it is well worth speaking to a criminal defense lawyer even though you have the right to proceed alone in your own defense.

Is One Fee Structure Better than Another?

Obviously, the best billing structure is the one that works most effectively for the situation the client faces. Criminal defense lawyers certainly understand how stressful these events are and they try to make the financial aspects of your case as pain free as they can. Regardless, it is always best to know what it is you are paying for.

Learning how billing works is an ideal first step to initiating a discussion with your lawyer regarding their billing structure. Never feel afraid to ask why they are charging the way they do and how they are utilizing their time and planning to ensure your freedom. When you need protection from criminal prosecution you can look and contact a skilled criminal defense lawyer today.

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

Sources

Kirby, John. “How Much Will a Criminal Defense Lawyer Cost?” Attempted Murder Lawyers | LegalMatch Law Library, 20 Feb. 2018, www.legalmatch.com/law-library/article/how-much-will-a-criminal-defense-lawyer-cost.html.

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

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.

Criminal Defense, Scottsdale Divorce
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What is Chapter 7 Bankruptcy?

What is Chapter 7 Bankruptcy

A liquidation or straight bankruptcy is also called a Chapter 7 bankruptcy. This bankruptcy type is one that can remove unsecured debts. If you have quite a few bills and are not able to afford all of the monthly payments as well as living expenses, then filing for Chapter 7 bankruptcy could be one way that you can reset all of your finances. However, you could end up losing some of your possessions, and it can negatively impact your creditworthiness.

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How Chapter 7 Bankruptcy Works

Whenever you file for a chapter 7 bankruptcy, the court will put a stay on all of your current debts. What this does is stop any creditors from garnishing your wages, turning off your utilities, evicting you, repossessing your property, foreclosing on your home, and stops them from collecting wages.

The job of the trustee is to review your assets and finances while overseeing your bankruptcy. The trustee will sell certain things that bankruptcy will not let you keep, which is called nonexempt property. The money from this gets used to repay your creditors. Trustees also deal with meetings between you and any creditors where you show up to a courthouse and answer questions about filing.

The property that you do not have to turn over to creditors or items you do not have to sell, which is called exempt property and the value of what you can claim as exempt, will vary based on the state where you are residing. Some states allow you to choose between federal exemptions and the state exemption list. However, Chapter 7 usually is a no-asset case, which means that either all of the property is exempt or there are valid liens on the property.

During the end of this process, around six months after you file for bankruptcy, the court will then discharge remaining debts, which means that you no longer need to pay them. Although, there are some types of debts that cannot get discharged during bankruptcy like student loans, tax debts, court fees, alimony, and child support.

The Differences Between Chapter 13 and Chapter 7 Bankruptcy

Chapter 13 and Chapter 7 are the most common types of bankruptcy, which affects a person. Either can help when you do not have the means to pay off your bills, but there are some significant differences between these types of bankruptcies.

Chapter 13 bankruptcy will allow you to keep all of your items and get a much more affordable repayment plan with all of your creditors. You will need to have enough income for you to afford to make the payments and be below the maximum total limits of your debts, which is $1 million or more for secured debts and $400,000 for unsecured debts.

The court will then approve a repayment plan for Chapter 13 bankruptcy. It is a payment plan that will last up for five years, and a trustee collects your money and distributes it to your creditors. Once the plan gets completed, the remaining unsecured debt will get paid off.

Who is Eligible for Chapter 7 bankruptcy?

If you want to apply for Chapter 7 bankruptcy, some conditions need to get met:

  • The average monthly income for the first six months will need to be under the median income of a family of the same size in your state, or you must pass a means test to decide whether your disposable income can cover partial payments to creditors. If you fail the means test, you can still apply for Chapter 13 bankruptcy protection.
  • In the past six years, you have not been able to apply for Chapter 13 bankruptcy protection.
  • If you try to file a Chapter 7 or Chapter 13 bankruptcy petition and your case is dismissed, you must wait at least 181 days before you can try again.
  • Generally, you must complete an individual or group credit counseling course from an approved credit counseling agency within 180 days before applying.
  • You may be eligible to file a lawsuit, but if the court decides that you are trying to defraud creditors, the court may dismiss your case. For example, if you take out a loan or use a credit card, then declare bankruptcy to avoid repaying the debt.
  • In the past eight years, you have not been able to apply for Chapter 7 bankruptcy protection.

What Debts Get Gorgiven in Chapter 7 Bankruptcy?

Chapter 7 bankruptcy usually releases your unsecured debts, such as credit card debt, medical expenses, and unsecured personal loans. At the end of the lawsuit, the court will usually clear these debts within four to six months after you start the lawsuit.

Certain types of unsecured debts do not usually get discharged through Chapter 7 bankruptcy, including:

  • Unsecured debts that you intentionally did not mention during the filing
  • Personal injury debts owed because of an accident caused by your intoxication
  • Court penalties and fees
  • Homeowners association fees
  • Tax debts
  • Student loans
  • Alimony
  • Child support

Your creditors can also object to and prevent specific debt relief. For example, a credit card company may object to the recent purchase of luxury goods or prepaid cash debts, and the court may decide that you still need to repay the credit card balance.

Besides, Chapter 7 bankruptcy may discharge your debts owed to the secured loan. A secured loan is secured by a mortgage, as in a home loan or the creditor has a property lien. However, even if the debt gets paid off, the creditor still has the right to cancel or recover your property.

How Long Does it Take to File for Chapter 7 Bankruptcy?

Usually, the entire Chapter 7 bankruptcy process starting from the first consultation of your credit to the court’s discharge of the remaining debts, is something that can take up to six months to finish.

However, your case may take longer, for example, when the trustee asks you to submit other documents, or whether they must sell your property to pay creditors. Or maybe you want to try to get your student loan discharged in bankruptcy. That is possible, but challenging, and may require a lengthy trial.

How Long Does Chapter 7 Bankruptcy Remain in your Credit Report?

Chapter 7 bankruptcy is a significant derogatory sign, and it may damage your credibility. From the filing date, Chapter 7 bankruptcy records can get retained on your credit report for up to 10 years, and from the filing date, a complete Chapter 13 bankruptcy can get retained on your credit report for seven years.

The accounts included in the bankruptcy may be deleted from your credit report earlier, as most negative signs will get deleted after seven years.

Life After Bankruptcy

Filing for bankruptcy can consume much energy financially, physically, and emotionally. However, this may be your best choice when bills continue to pile up, and you are unable to pay your creditors. You can also recover from bankruptcy and rebuild your finances and credit, but it will take time.

Source: https://www.experian.com/blogs/ask-experian/what-is-chapter-7-bankruptcy/

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.

bankruptcy, Chapter 7 Bankruptcy
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What is a Felony Drug Charge?

What is a Felony Drug Charge

When it comes to felony drug charges, they are much more severe than average drug crimes. Federal and state criminal laws state that felony charges have a prison sentence of more than one year along with hefty fines. However, misdemeanor charges will have a small jail sentence and lower fines. Felony drug charges get considered to be serious criminal charges.

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Get Representation And Education

You an represent yourself but the bets option is to get an attorney who specializes in drug charges who has the knowledge to defend people from drug charges to represent you. It is vital you appoint a lawyer as soon as you can. Their experiences and understanding of the system will assist you in comprehending the charges that have been laid against you as well as looking at solutions where the charges may be defeated. You can help by providing the lawyer with the information they need to build the most robust defense possible. Remember the more you can educate yourself about the process, the greater the chances of you working in tandem with your lawyer to get the best possible outcome.

Felony Drug Charge

When it comes to a drug charge, the difference between a misdemeanor and a felony will depend on different things. That could include factors like:

  • If the drugs were trafficked or sold
  • The type of drugs involved
  • The amount of drugs

The one question that people tend to have is if drug possessions are a felony. The answer to this is that drug possession can be either a felony if the type of drug is found in large amounts while it can be a misdemeanor if it is just a small amount that is being personally used.

In many cases, distributing, trafficking, or selling drugs is labeled as a felony for most state laws. That is because there is a more significant potential for people to be affected or harmed by distributing the drug. Although, there are times when a person has a drug that is over a certain amount, and it can get seen as intent to sell and not for personal use.

Felony Drug Charge Examples

A felony drug charge can involve different types of conduct. Some examples of felony drug charges can be:

Selling drugs: selling drugs could cause a felony charge. When a person has a large amount of a specific substance, it could cause law enforcement to assume that drugs were getting held to sell eventually, which gets labeled as possession with intent to sell.

Drug trafficking: Whenever illegal or drugs get transported, it gets labeled as drug trafficking. Even though these drugs may not get sold, just transporting them can cause a felony charge. That is especially true if large amounts of drugs are getting moved. The charges could increase if the drugs have gotten trafficked across state lines.

Possession of controlled substances: When a person has some drugs, it could cause a felony charge. The type of drug and the amount of the drug depends on state and federal laws. For example, drugs like marijuana will need high amounts to get a felony charge. Yet, other drugs like cocaine need only a small amount to be a felony charge.

Just as mentioned before, the drug type can determine if the drug crime is a felony. Drugs get classified into schedules. A Schedule I drug will be a substance that little potential for medical use and high risks.

However, a Schedule V drug will be one that has the potential for a lot of different uses and low risks. If a person is the possession of a Schedule I substance or drug, then they can get a felony charge.

Contacting an Attorney if Facing Felony Drug Charges

A felony drug charge can cause significant consequences. You may find that it is best that you consult a criminal attorney in your area if you may be facing a drug charge. The attorney will be able to provide legal advice as well as help to build a case for a trial.

Source: https://www.legalmatch.com/law-library/article/felony-drug-charges.html

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

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.

Criminal Defense, Criminal Law
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