Regular Post
Written by Canterbury Law Group

Managing Out of State Court issued “Orders of Protection” While in Arizona

The family law attorneys at Canterbury Law Group in Scottsdale, AZ. help victims of domestic violence secure legal protection and navigate the way when dealing with out-of-state orders. They also help defend and quash false allegations from parents who wrongfully obtain orders of protection. If you’re looking to determine your legal options, the family law attorneys at Canterbury Law Group have extensive knowledge on orders of protection. Here are some answers to common questions:

1. Can an out-of-state order of protection be enforced in Arizona?

Yes. An order of protection can be enforced in Arizona as long as:

It was issued to prevent violent or threatening acts, harassment or sexual violence against another person, or it was issued to forbid contact or communication with another person or it was issued to order the abuser to stay away from another person.

The court that issued the order had jurisdiction over the people and case – (in other words, the court had the authority or power to hear the case.)

The abuser received notice of the order and had an opportunity to present his/her side of the story in court.

2. Can an out-of-state protection order be changed, extended, or canceled in Arizona?

Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Arizona. To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where your abuser is living.

If your order does expire while you are living in Arizona, you may be able to get a new one issued in Arizona but this may be challenging if no new incidents of abuse have occurred in Arizona. To find out more information on how to get a protective order in Arizona, visit our AZ Domestic Violence Orders of Protection page at www.canterburylawgroup.com

3. If granted temporary custody with a protection order, will you still have temporary custody of your children in AZ?

As long as the child custody provision complies with certain state and federal laws, Arizona can enforce a temporary custody order that is a part of a protection order and make it an order of an Arizona court depending on the facts and legal issues presented.

The family law team at Canterbury Law Group will help you and your loved ones stay safe. Call us today to schedule your consultation. 480-744-7711 or [email protected]

Order of Protection, orders of protection, Scottsdale Attorneys, Scottsdale Legal Help
, , , ,
0
Regular Post
Written by Canterbury Law Group

Tips to Be Prepared when Traveling Internationally

From CNN to Yahoo, you can’t read the news without seeing headlines about Kim Kardashian West being robbed recently in Paris, France. Although held at gunpoint and robbed by men dressed as police officers in a private apartment, the reality star was “badly shaken but physically unharmed”. The Scottsdale lawyers at Canterbury Law Group realize that traveling abroad can lead to questionable legal situations. When you’re in a foreign country, you are subject to that nation’s laws and regulations, so it’s important to be prepared just in case you find yourself in an unexpected crisis.

Here are tips from the Scottsdale attorneys at Canterbury:

  • Make informed decisions: The U.S. State Department provides U.S. citizens with plenty of information up front, so you can make informed decisions before traveling overseas. From their country specific information pages, select your destination country’s name and you’ll get tons of information about current security issues, crime stats, criminal penalties and more. You should also pay close attention to the country’s description at the top of the page. If it is indicated that the U.S. has no diplomatic or consular presence, it’s best to avoid travel to that area—bad can turn to worse when an individual faces legal issues in a country that does not have friendly ties with the U.S.
  • Understand your destination: As you’re doing your destination research, pay careful and close attention to what you are reading about criminal penalties as you may learn some interesting facts. Be particularly cognizant of unfamiliar practices, the current political environment, and other risks that could potentially lead to legal problems. What is considered a minor offense in the US could snowball into a very serious situation in many countries.
  • Make Those Phone Calls Count: The good news is that legal problems in a foreign country can be significantly lessened if you know who to call during an emergency. Without knowing who to call, you run the risk of hitting additional road blocks and losing your hard-earned money to lawyers who prey on foreigners. Before leaving for your trip, find out where the U.S. Consulate is located in the country you’re planning to visit and keep their contact information with you at all times (this website has links to every U.S. Embassy or Consulate in the world). Keep in mind—the U.S. Embassy can provide you with a list of lawyers, but they don’t directly provide U.S. travelers with legal assistance and advice. That’s why it’s so important to keep your travel assistance card with you at all times. For example, membership with On Call International gives you access to 24/7 worldwide legal assistance services whenever you’re more than 50 miles from home. Members also have access to language translation services, which could also come in handy during a legal situation (for instance, if you need help communicating with local authorities if they don’t speak English).

If you need legal advice, call us today to schedule your consultation. 480-744-7711.

Scottsdale Attorneys, Scottsdale Legal Help, traveling abroad, Traveling Internationally, Traveling Internationally Tips by Canterbury Law Group
0
Regular Post
Written by Canterbury Law Group

Scottsdale Divorce Lawyers Look at Jolie – Pitt Divorce

Recently, the news of Angelina Jolie filing for divorce from Brad Pitt has made headlines around the globe. Together for twelve years and married for two years, this Hollywood couple had become known for their extra-large brood of children, international travels, worldwide philanthropy and being “Brangelina.”

Although the Scottsdale divorce lawyers at Canterbury Law Group have not worked with the couple, we can acknowledge some important factors in this upcoming divorce.

Community Property – Most states, except those listed as community property states, use the “common law” system of property ownership. In these states, it’s usually easy to tell which spouse owns what. If only your name is on the deed, registration document, or other title paper, it’s yours. If you live in a community property state, including both Arizona and California, the rules are more complicated. Generally, in community property states, money earned by either spouse during the marriage and all property bought with those earnings are considered community property that is owned equally by husband and wife. Therefore, both starlets may have to divide all assets they’ve acquired since being married.

Child Custody – When initially filing for divorce, Jolie asked for physical custody of the couple’s six children and asked that the judge give Pitt visitation. News sources have since reported that Jolie was granted full physical custody of the couple’s children. Pitt will reportedly have visitation rights, the first of which will be monitored by a therapist who then has the authority to allow or deny unmonitored visits. In addition, Pitt will have to submit to random drug and alcohol testing, as Jolie reportedly accused him of having a drinking problem. No matter what your divorce situation is, the transition can be exceptionally difficult on the children. It’s always suggested to try to compromise out of court to avoid tolling legislation with your children.

If you’re looking for a Scottsdale divorce attorney and / or family law attorney contact us today. Any delay can affect your future and the wellbeing of your children.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Family Law, Order of Protection, Restraining Order, Same Sex Divorce, Same Sex Divorce in Arizona, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale Legal Help
, , , , , ,
0
Regular Post
Written by Canterbury Law Group

Scottsdale Domestic Violence: Civil Law and Criminal Law

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.

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
, , , , , ,
0
Regular Post
Written by Canterbury Law Group

How to Find a Family Law Attorney in Scottsdale

Family law is a complex legal area requiring measured and detailed strategy and execution, and the courtroom is ultimately where many significant and life changing decisions are made. The dedicated Scottsdale family attorneys at Canterbury Law Group will ensure thorough preparation for every public hearing appearance all the way through trial. Your lawyer, like you, will know the facts, the law and position you to achieve the highest degree of success the law allows.
If you are considering hiring a family law attorney in Scottsdale, Canterbury Law Group has tips for you:

  • Identify the potential need for as attorney early on – If you think a legal battle may be on the horizon, it is worth your time to meet with a Scottsdale lawyer so that you are familiar with one that you like before you are in a high-pressure situation. Otherwise, your selection may be driven by who has the time to meet with you rather than who the best fit is.
  • Talk to trusted sources – There is no substitute for word of mouth when it comes to hiring an attorney. Financial advisors, therapists, attorneys practicing in other areas and CPAs usually know good family attorneys, as do people who have been divorced in the last couple of years. Ironically, some recent divorcees may refer you to their former spouse’s attorney because they were more effective.
  • Appoint a seasoned litigator – Attorneys that focus highly in family law are usually best situated to assess your case properly because they know the judges’ patterns and nuances and the other attorneys and have the most relevant knowledge and exper, they are familiar opposing the other lawyers in the industry and can handle your case efficiently. They also are more up-to-date on changes and trends in the law.
  • Ask questions of the attorney – At your initial consultation, bring a list of questions. A good attorney will appreciate your thoroughness. Suggested questions to ask include:
    • How long have you practiced family law?
    • What is your approach to a new case?
    • What percentage of cases do you settle?
    • What is your approach to settling a case?
    • What retainer do you require up front? Although the retainer should be within your price range, keep in mind that cheaper is not always better.
    • Is any unused portion of the retainer refundable?
    • Who in your firm will work on my case and how much will I pay for their time? Ask to be introduced to others who will work on your case.
    • How often will I receive an accounting of my retainer? The answer should be at least once a month.

Hiring a qualified Scottsdale family attorney can be critical to your future. Call the lawyers at Canterbury Law Group today to schedule you consultation. www.canterburylawgroup.com

Family Law, Family Law Attorney, Scottsdale Attorneys, Scottsdale family attorneys, Scottsdale Legal Help
, , ,
0
Regular Post
Written by Canterbury Law Group

Scottsdale Family Attorneys at Canterbury Law Group

The Scottsdale family attorneys at Canterbury Law Group handle all types of Phoenix and Scottsdale family law matters including divorce, child custody, paternity, prenuptial agreements, postnuptial agreements, spousal maintenance, Decree enforcement, child relocation, father’s rights, mother’s rights and grandparents’ rights.

If you are not sure whether or not you need a family law attorney in Scottsdale, here is an outline of what our lawyers can likely help you with:

  • Divorce – Whether you are considering filing for divorce or you’ve already been served with a divorce petition, it is critical to speak with an attorney immediately to assess your legal rights and take the necessary steps to protect them. Every situation is unique and our attorneys are well equipped to provide you with the tools to make the best decision that suits your particular situation.
  • Prenups/Postnups – Prenuptial and postnuptial agreements can be smart financial planning tools for all marriages but are especially common in second and third marriages, for business owners and/or when one partner has a large inheritance (received or expected in the future
  • Father’s Rights – Our attorneys are experienced in helping Fathers get fair and equitable treatment by the courts in Phoenix, Scottsdale and Arizona.
  • Child Custody – Typically when parents cannot mutually agree on a child-rearing plan, the court will often establish a plan that both parents must follow concerning the children’s health and welfare. Arizona law requires that the best interest of the child be the lead consideration above any other.
  • Alimony – Spousal maintenance is where one spouse pays the other spouse monthly support payments for a defined term of months or years after the divorce is final to help the less wealthy spouse transition to the next phase of their life and ideally for them to be come self-sufficient.
  • Paternity – When a couple has children without being married, they should still legally establish who the lawful father of the child is, as well as determine what rights and obligations exist toward the child. Get your court orders now, while the child is young—do not wait until later.
  • Relocation – Out of state relocation by parents and children has become a common issue in family law and is taken extremely seriously as it often has a profound impact on all involved. As a result, Arizona has very detailed laws which outline specific requirements and guidelines for cases involving a parent who wishes to relocate the child or to prevent child relocation out of state.
  • Grandparents – Once a grandparents’ rights petition is filed, the court will consider several specific statutory factors to determine whether a court-ordered grandparent visitation is in the best interest of the child. These rights cannot be pursued unless at least one parent is dead or the parents are divorced.

Ultimately, we realize that hiring a Scottsdale family attorney can be a challenging task. Call the lawyers at Canterbury Law Group today to schedule you consultation. 480-744-7711

Child Custody & Parenting Time, Custody Terms, Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Family Law, Family Law Attorney, Same Sex Divorce, Same Sex Divorce in Arizona, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale family attorneys, Scottsdale Legal Help, Sole Child Custody
, , , , , , , , , , , , , , ,
0
Regular Post
Written by Canterbury Law Group

Important Factors on Bankruptcy Help in Scottsdale

If your financial struggles are becoming overwhelming and the future looks bleak, there are a few things you need to know before filing for bankruptcy.

1. There is No Shame in Filing – If you are considering bankruptcy but your feelings about what type of person you would be to file are stopping you, it’s time to get over it! These days, people from all walks of life file for bankruptcy. You should feel no shame in wanting to solve your financial struggles and get your life back in order. The stigma is in avoiding the problems, hiding from creditors, and not facing the facts – it’s time to fix your finances and turn a new corner.

2. You May Be Able to Keep Your Home – Arizona has well known homestead exemptions that allow you to keep your primary residence. Being forced out of your home is not a reason to avoid filing bankruptcy. The likelihood of losing your home is much greater if you do not file. A Scottsdale bankruptcy attorney can help you make bankruptcy choices that in most cases may permit you to maintain ownership of your home even after your bankruptcy concludes. And in this day and age when so many homeowners are underwater on their mortgage, the likelihood of your home not being included in your bankruptcy is even greater.

3. Bankruptcy is an Investment – If you feel as if you are sinking financially, now is the time to contact a Scottsdale bankruptcy attorney. He or she can help you assess your current situation and get a handle on where you are headed. This will give you some time to save up the money you need to file for bankruptcy before it is too late.

Canterbury Law Group is uniquely qualified to represent clients in the most sophisticated personal and business bankruptcy cases. The range of services we provide depends on an individual’s or a company’s unique situation. Call us today to schedule a consultation. 480-240-0400 or [email protected]

bankruptcy, bankruptcy attorneys, Chapter 11, Chapter 11 Bankruptcy, Chapter 13, Chapter 13 Bankruptcy, Chapter 5, Chapter 5 claims, Chapter 7 Bankruptcy, Filing Bankruptcy in Scottsdale, personal bankruptcy attorneys, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale Legal Help
, , , , , , ,
0
Regular Post
Written by Canterbury Law Group

Does Bankruptcy Affect Students Financial Aid?

As back to school season is here, many parents are wondering if a previous bankruptcy can affect eligibility for education loans. Although it may affect some loans, it does not affect eligibility for certain forms of financial aid.

The Bankruptcy Reform Act of 1994 (P.L. 103-394) amended the US Bankruptcy Code at 11 USC 525(c) to prohibit denial of government student grants and loans based solely on the student’s or borrower’s past or present filing of a bankruptcy petition. The only exception is the Federal PLUS loan.

A child is eligible for federal student loans, such as the Stafford loan, regardless of the parent’s history of bankruptcy. Also, the Stafford loan does not depend on the borrower’s credit history in any way.

A parent’s history of bankruptcy also does not affect the child’s eligibility for federal grants, state grants, scholarships and money from the college, nor student employment programs like Federal Work-Study. The parent may also be eligible for tuition installment plans because these plans are usually structured as a qualified education loans to make them difficult to discharge in bankruptcy.

However, parents are ineligible to borrow from the PLUS loan program for five years from the date of the bankruptcy discharge. By law, PLUS loan borrowers must not have an adverse credit history. The regulations define an adverse credit history as having had a bankruptcy discharge, foreclosure, repossession, tax lien, wage garnishment or default determination in the last five years or a current delinquency on any debt of 90 or more days.

If a child’s parent is denied a PLUS loan because of an adverse credit history, the child becomes eligible for increased unsubsidized Stafford loan limits. Parents with a recent bankruptcy will be ineligible to serve as the borrower or co-signer on most private student loans. The provisions of the Bankruptcy Reform Act of 1994 apply only to federal student loans, not private student loans. Most lenders of private student loans ask about bankruptcy filings in the last 7 or 10 years. It really doesn’t matter whether the filing was under chapter 7, 11 or 13, as the lenders will be wary of lending money to anybody with a recent bankruptcy filing.

The bankruptcy lawyers at Canterbury law Group work attentively with bankruptcy clients to secure their fresh financial freedom. Whether filing as an individual or for your business, the bankruptcy attorneys at Canterbury Law Group are experienced experts in all areas of bankruptcy cases in the Phoenix area. Please call us today to schedule your consultation.

Appeals, bankruptcy, bankruptcy attorneys, Chapter 11, Chapter 11 Bankruptcy, Chapter 13, Chapter 13 Bankruptcy, Chapter 5, Chapter 5 claims, Chapter 7 Bankruptcy, Filing Bankruptcy in Scottsdale, personal bankruptcy attorneys, Scottsdale Legal Help, Students Financial Aid
, , , , ,
0
Regular Post
Written by Canterbury Law Group

Campus Dating Violence and Orders of Protection

During the school season, many college co-eds, and parents of college-age kids, have questions about dating violence on campus. Dating violence is emotional, psychological, physical, sexual or financial abuse (or, sometimes, a combination of these) perpetrated over a sustained period of time in order to gain and/or maintain power and control in a dating relationship.

In an effort to negate dating violence, schools should maintain a robust dating violence, domestic violence, stalking and sexual assault prevention program for all incoming students and staff, with continuing education for older students throughout their time at the university.

The family law attorneys at Canterbury Law Group in Scottsdale, AZ. help victims of domestic violence secure legal protection against further abuse, whether on campus or off. If you’re looking to determine your legal options, the family law attorneys at Canterbury Law Group have extensive knowledge on orders of protection. Here are some quick facts:

  • A victim of domestic abuse means a person protected by the law and shall include any person who has been subjected to domestic abuse by a spouse, or any other person who is a present or former household member and where the victim is 18 years of age or older or who is an emancipated minor.
  • An order of protection is a court order intended to protect you from further harm from someone who has hurt you; to keep the abuser away from you, or to stop harassing you, or keep the abuser from the scene of the violence, which may include your home, place of work, or apartment. It is a civil order and it does not give the abuser a criminal record. An order of protection can prohibit third parties from constantly texting you or emailing you without consent.
  • If you are a victim of violence, a judge can sign an order that requires the abuser to obey the court. The protective order is very specific in as far as what the abuser can and can’t do, including having no contact in person or by phone, at home, work, or almost anywhere you ask the court to put in the order.

The family law team at Canterbury Law Group will help you and your loved ones stay safe. Call us today to schedule your consultation. 480-744-7711

Dating Violence, domestic violence, Order of Protection, orders of protection, Restraining Order, Scottsdale Attorneys, Scottsdale Legal Help
, , , , , ,
0
Regular Post
Written by Canterbury Law Group

How to Obtain a Divorce When Your Spouse Won’t Agree

The Scottsdale divorce lawyers at Canterbury Law Group have represented hundreds of clients in Scottsdale divorce cases. Although every case is unique, often we see one spouse refusing divorce. No one can stop you from getting a divorce if you want one, with the possible exception of the court. If you don’t follow proper legal procedure, a judge can deny your divorce, forcing you to start over. However, your spouse can’t stop you, but she or he can complicate the process.

Here are steps in getting a divorce, even when your spouse will not agree:

  • 1. Any reason is sufficient to file for divorce. Contrary to popular belief, neither spouse needs an reason or grounds for seeking to terminate the marriage. As a “no fault” state, Arizona courts and judges are actually prohibited from inquiring into the romantic issues of either spouse during the trial or otherwise. Put another way, it does not matter how you got here, you have a legal right to divorce if and when you are ready.
  • 2. Research the rules for service of process in your state. Make sure you understand exactly what you have to do to ensure that your spouse legally receives a copy of your divorce petition after you file it. If you err, your spouse can say they were not properly served and block your divorce proceedings. You could still get a divorce, but you’d have to start the process all over again. Do it right the first time and have them served by a licensed process server.
  • 3. Wait out the period of time your spouse has to answer your divorce petition. If he/she files a response with the court, you’ll probably have to resolve your divorce by trial or mutual consent; some spouses won’t agree to a settlement if they don’t want the divorce in which case you are forced to trial and the judge makes all final decisions of equitable distribution.
  • 4. Prepare for a Default Judgment Hearing if your spouse does answer your divorce petition. Even assuming your spouse “no-shows” on the case, after a certain number of days have elapsed, and assuming you properly served your opponents, you can petition the Court in writing to procure a Default Judgment of Divorce wherein all items requested in your original petition and can and typically is granted by the Court assuming no defense or response is ever tendered by your opponent. In the end you’ll be divorced and he or she will have never set foot in a court of law.

The Scottsdale divorce attorneys at Canterbury Law Group have represented women and men, young and old, in their complicated divorce cases. To discuss your options in a Scottsdale divorce, call today to schedule a consultation. 480-744-7711

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Divorced Parents, Family Law, Family Law Attorney, Same Sex Divorce, Same Sex Divorce in Arizona, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale family attorneys, Scottsdale Legal Help, Uncategorized
, , , , , ,
0
1 … 7 8 9 10 11 12