How Long Do Domestic Violence Restraining Orders Last – Guest Post

March 30, 2022

Domestic violence is a common problem in the United States. It is estimated that 1 out of every 4 women will be a victim of domestic violence during their lifetime.

The domestic violence problem in the United States has been around for decades and it has been difficult to solve so far. One of the main reasons for this is because it is hard to find reliable statistics on how many people are actually affected by domestic violence.

The physical and mental abuse of an abusive partner can be terrifying. However, there are ways to escape the relationship and get help. When leaving a relationship seems difficult or if one feels threatened by the other person in an abusive relationship, securing domestic violence restraining orders might help.

What is a Domestic Violence Restraining Order?

A domestic violence restraining order is a court order that prohibits an individual from contacting or coming near a person or their family members. It can also prohibit the individual from being in the same home as the person or their family members. It may also prohibit them from possessing firearms and ammunition.

It is issued by a judge when an individual has been found to be in danger of abuse. It can be issued for a time period ranging from 24 hours to 3 years, based on the court’s discretion. If the person who is being restrained violates any part of the order, they can be arrested and charged with a crime.

Types of Restraining Orders

There are three types of domestic violence restraining orders in the United States – Emergency Protective Order, Temporary Restraining Order, and Restraining Order After Hearing

Emergency Protective Order

An Emergency Protective Order (EPO) is a court order that can be issued by a judge or magistrate to protect an individual from domestic violence. It is issued for a limited time and can last up to one year.

It is intended to protect the victim of domestic violence from further abuse during the order’s duration. It does not allow the abuser to have contact with the victim, and it also prevents him or her from having any contact with their children.

In the United States, there are two types of orders: temporary and final. A temporary order lasts for up to six months and can be extended for an additional six months; a final order lasts for up to one year and cannot be extended.

Temporary Restraining Order

A Temporary Restraining Order (TRO) is a legal order issued by a court that prohibits one party from harassing, threatening, or harming another. It is an emergency order that can be issued when the other party believes they are in immediate danger.

Temporary Restraining Orders are commonly used for cases involving domestic violence, abuse, stalking, harassment, and other forms of violence. However, they can also be used in cases where one person is being sued by another person or company.

It is valid for the time period specified in the order, which is typically up to 20 days. If you ask for it or if the judge decides to, the interim ex parte order might be extended for another 20 days, usually because the respondent has not yet been served.

Restraining Order After Hearing

Regardless if a person decides to request for a temporary restraining order, one will be scheduled for a hearing to get a final DVRO. After the court hearing, a judge can grant a person a restraining order after hearing that can last up to five years.

However, if there is no assigned termination date on the order, the restraining order after hearing will be valid for a period of three years from the date that it was issued. Interestingly, you can request this restraining order after court to be extended for another five years, during the last three months of the order validity. This extension can be granted by the judge without having to prove any further abuse.

Do You Think You Need a DVRO?

Domestic violence restraining orders are issued to protect someone from another person who poses a threat of violence. They are given to people who have been abused and are in danger of further abuse. It is an emergency protection order that can help protect the victim of domestic violence from further abuse. The abuser is legally obligated to leave and not come near the victim or their property.

The following people are eligible for a domestic violence restraining order:

A spouse or former spouse of the abuser
Anyone living with the abuser, including children and other family members
Anyone who is related to the abuser by blood, marriage, adoption, or court order
Any law enforcement officer or agency employee

In the United States, a person can apply for a domestic violence restraining order (DVRO) if they are in a relationship with someone who has abused them in any way.

Defending Your Rights When Facing Criminal Charges – Guest Post

March 23, 2022

Defending yourself against a criminal charge can be an uphill task. Even something as simple as a DUI can turn out nasty if you are not careful with how you approach it. You need to do everything possible to defend your rights because every criminal charge comes with hefty fines, penalties, and jail terms if you are found guilty.

When a criminal charge has been filed against you, make sure you do everything possible to defend your rights. Hiring an experienced DUI attorney can be a good starting point for your defense. The attorney will help you understand the different elements of the crime you have been charged with and the defenses you may have.

Most importantly, you need to be fully aware of all your rights and don’t allow anyone to violate them. After all, you remain innocent until proven guilty. So, what rights are guaranteed under the Constitution of the United States that you need to defend? Let us find out.

1. The Right to Remain Silent

When law enforcement officers or the jury questions you during court proceedings, you have every right as the accused person to refuse to answer questions or comment on certain things if you don’t want to.

Remaining silent can be a powerful tool, especially if you think that whatever you say may be used against you. So, your silence is a way to avoid self-incrimination as outlined in the Fifth Amendment to the United States Constitution.

2. Right to Leave

If you are not under arrest and haven’t been given your Miranda rights under the Fifth Amendment to the Constitution of the United States, you can and should definitely leave. However, if a law enforcement officer stops you, be sure to oblige because you are unsure if they want to arrest or question you.

So, the best thing is to stop and ask the officer what they want. If they say that you are not under arrest, feel free to leave and contact an experienced criminal attorney right away to help you determine your next course of action.

3. The Right to an Attorney

The Sixth Amendment to the U.S Constitution guarantees that every criminal defendant has a right to be represented by an attorney of their choice. If the defendant can’t afford to hire an attorney, the state must provide one for him or her at no cost at all.

Remember that the right to representation isn’t limited to criminal charges alone. You have a right to legal representation no matter the type of charge you are faced with.

As long as you are charged in a court of law, the constitution grants you a right to have an attorney every step of the way, from the moment you are arrested/ summoned right through the appeals process after conviction.

4. Right to Privacy

Your right to privacy is outlined under the Fourth Amendment to the U.S Constitution, and you shouldn’t allow anyone to violate it.

Under this amendment, you have a right to be fully protected from unreasonable searches and property seizures. Unless the law enforcement officers have a valid search warrant, you have a right to refuse to allow them to search your property, car, or anything else that belongs to you.

If they insist on searching your property without a valid search warrant, call an attorney immediately and let him/her help you protect your rights.

5. The Right to a Fair Trial by Jury

If you are accused of committing a criminal offense, you will most likely be arrested and charged in a court of law.

Under Article III, Section 2 of the Constitution of the United States, you have a right to a trial by a jury. The same right is reiterated under the Sixth Amendment. And it is not just a fair trial by a jury; the trial must be public and speedy.

However, in a landmark ruling of the case between Baldwin vs. New York, 399 in 1970, the Supreme court made it clear that only serious criminal offenses that carry a potential jail sentence of more than six months merit a trial by jury.

It means that petty offenders will have no other option but to settle for a trial by a judge. But the trial must still be fair and speedy.

What Should You Do If the Police Want to Interrogate You?

If the police bring you in for questioning, don’t go alone. This is the right time to exercise your right to an attorney to ensure you don’t give out information that could be self-incriminating.

If you haven’t hired a criminal attorney yet, be sure to do so immediately before you have any further discussions with the police.

Sometimes, the police may insist that they want to interrogate you even if you don’t have an attorney. Don’t fall for their tricks. Instead, remain firm and insist that you can only be interrogated in the presence of your attorney.

They will most likely yield to your demand and allow you time to hire an attorney or give you a chance to seek the services of a state-provided attorney.

Remember that police officers are fully trained to use different tactics to make suspects talk to them and give out critical information. Your attorney can spot such tactics instantly and help you avoid them.

Your attorney will also provide you with helpful tips on how to handle the police questions given your specific situation. They will help you remain calm and handle the queries with confidence.

Don’t Assume Law Enforcement Officers Always Plays by the Rules

One of the biggest mistakes that most people make when they have been accused of criminal charges is believing that the law enforcement officer will do everything properly and legally. Unfortunately, that is not always the case.

In most cases, law enforcement officers fail to adhere to the constitution, especially when conducting searches and seizures. When such violations of your rights are discovered, be sure to inform your attorney so they can address the matter in court.

If you suffered from excessive force or were treated outrageously by the law enforcement officers, don’t be afraid to speak up. These violations must be fully addressed and responsible officers held accountable for their actions.

Author Bio

Naphtal is the brand manager at Legal Giant and a highly experienced content writer. Legal Giant is a leading car accident law firm with clients all over the US. When Naphtal is not working, he enjoys spending time with his son and exploring nature.

Child Education: What are the long-term benefits of early education? – Guest Post

March 10, 2022

Early education plays an extremely important role in shaping and developing your children’s future. Early childhood education in Peoria IL helps your child gain knowledge and learn things quickly. Early education can also help you determine their field of interest and areas where your child requires improvement. The first five years are the most crucial period for your child’s overall development. In this period children often tend to learn new things and work on their skills.

If you are looking for ways to learn more about your early childhood education then you have landed in the right place. In this article, we will walk you through some of the effective and long-term benefits of quality early childhood learning from centers in Peoria IL. So without wasting any time further, let us explore the top six benefits of early childhood education.

Improved social interaction

Group learning environments help your child develop greater social interaction skills and meet different people of their age. Meeting new people can help them develop and work on their emotions and create strong relations with others. They also learn how to interact with people of different ages and make new friends. This way your child will learn how to express themselves more appropriately.

Better academic performance

Children who are exposed to early childhood learning often tend to perform well in their primary school. They are also expected to reach higher levels of literacy and numeracy later in their education. Early learning practices can bring discipline to your child’s attitude and help them develop greater focus and concentration levels.

Development of creative skills

When your child is exposed to early learning they are expected to understand things and differentiate between wrong and right. Early learning helps them in working on their creative skills in a more fun and enjoyable way. Moreover, staff and teachers in the education center are trained in a way to bring out the best version of your child.

Development of good habits

Daily learning is the greatest way to teach children good habits such as speaking politely, washing their hands before meals, completing their homework, and more. Over time you can also expect your child to take charge of daily activities such as getting dressed in the morning, packing their bags, tying shoelaces, and more.

Successful future

The benefits of early education can last a lifetime. Developing good manners and learning skills at an early age can help children take their career decisions more seriously and wisely. They also develop a calculative mindset which helps them determine the right choices during complex situations.

Emotional and mental growth

With the help of early education centers, your child gets an opportunity to build healthy relationships and get along with people of their age and learn to work on their social skills. They develop emotions like empathy, sympathy, and more towards people of their age.

Education is important for every human being. You must definitely consider sending your child to early childhood centres to build a strong foundation for their bright future.

How Can a Domestic Violence Lawyer Assist in Legal Proceedings? – Guest Post

March 9, 2022

Domestic violence affects many people, with numbers suggesting more than ten million experience domestic violence every year in the US alone. Unfortunately, most of these people can barely get out of this situation due to many different reasons. Some of these reasons include lack of resources, presence of children, or even the fear of more severe abuse in case the victim attempts to take any action.

There is no shortage of self-help resources for many victims of domestic violence, such as the National Sexual Violence Resource Center. Organizations like these are making many efforts to reduce domestic violence by introducing different programs and hotlines. However, these efforts are not enough to actually make a dent in domestic violence figures.

Therefore, people need to seek assistance from domestic violence lawyers and deal with the situation in an appropriate manner. But how can a domestic violence lawyer help a victim in such cases? Continue reading as we explore ways a domestic violence lawyer can assist a victim with legal proceedings.

Getting a Restraining Order: More or less, everyone is aware of restraining orders. However, if you are not aware, then a restraining or protection order is something that prevents an individual from coming near you. Therefore, if you are a victim of domestic violence, you can seek assistance from a domestic violence lawyer to get a restraining order. This will prevent the abuser from coming anywhere near you with respect to the distance mentioned on the restraining order. Other than that, it can also be used to prohibit the abuser from posing any sort of firearm that could be used to cause any harm to you. The restraining order also requires the abuser to move out of the shared living home in many cases.
Filing For A Divorce: In most domestic violence cases, one cannot help but notice that the spouses are often the perpetrator. In such cases, one will generally try to sort things out between the couple to make things better for good. However, in case the attempt to resolve the differences between the couple, then the victim is only left with the option of divorce. Going for a divorce with a conventional approach can often be challenging as there are many legal complications to deal with. Therefore, hiring a domestic violence lawyer for the job can make the entire ordeal very easy for you.
Filing A Domestic Violence Lawsuit: There are many laws in place to make lives better for the victims of domestic violence. However, the sad part is that not many people are aware of these laws, and even if they are, there is a lack of knowledge about how to proceed. This can result in one living with domestic violence for years and suffering in silence. However, seeking assistance from a domestic lawyer can help one easily file a domestic violence lawsuit. This lawsuit will help one recover all the medical, pain, suffering, and even financial losses caused due to the violence.
Representation In The Court: Whenever there is any sort of legal case filed with the authorities, there also has to be a trial in the court to determine the authenticity of the case and deliver appropriate punishment to the perpetrator. That is when one will require an attorney to represent them in court. Therefore, a domestic lawyer can accompany you and represent you in court. This is very important for building a robust case with the necessary evidence to win the case. Consequently, this also enhances the chances of winning the case and claiming the damages.
Getting The Custody Of Children: In many domestic violence cases, the perpetrator can also be a parent of your children. In these cases, the domestic violence lawsuit can result in complicating the aspects associated with the custody of the children. Hence you being the victim, would not want to lose the custody of your children at any cost. Therefore, seeking the assistance of a domestic violence lawyer can help you justify your case and increase the chances of you getting custody of the children.

In Conclusion

Dealing with domestic violence can be challenging for you both in terms of legality and emotionally. Therefore, it is always better to seek assistance from a professional like a domestic violence lawyer to simplify this ordeal and get justice for the same.

Author’s Bio:

Samuel Edmunds is an experienced Minnesota Personal Injury Attorney. Sam has tried countless cases in courts around the State of Minnesota & has consistently brought positive results for his clients.

What Services Can a Family Lawyer Provide? – Guest Post

March 8, 2022 (updated June 30, 2023)

Family law can be a complex and complicated field that deals a lot of stress to the people involved. There are many types of cases covered by family law, and if your case falls into any of their categories it would be smart to find legal representation that specializes in these cases for the best possible outcome. Below are a few of the most common cases a family lawyer might be asked to take on.

Representing Clients in Divorce Cases

The first type of case a family lawyer can provide representation for is cases where their clients are in the process of getting a divorce. In this case, they may mainly be tasked with assisting or conducting negotiations or meeting with other lawyers representing the other half of the splitting couple.

While it may not seem like it, there are many things that divorce lawyers can do for their clients during a divorce. For example, a lawyer will represent their client in court and try to prevent them from losing anything they have worked for over the years, assist in child custody, and can negotiate or debate who is assigned what assets after the split. This last one mainly applies if there was no prenup signed when the couple got married.

Representing Clients in Custody Cases

In another area of family law, a lawyer can represent their client in custody cases. In this case, the client is on the losing side of their case, in this case they’re not going to have the access to their children that they want, and hope to turn things around.

Although a family attorney usually represents their clients against their ex-spouse, they can also represent them against entities such as child services or the state. For example, if someone has been accused of child abuse or spousal abuse, a family lawyer can defend that person, and their expertise in the area can give their client the best chance at winning the case.

Representing Clients in Child Support Cases

Another type of case that a family lawyer can represent their client in is cases concerning the matter of child support. In this case, the client is expected to pay for their child’s care, even though the child is in the custody of their other parent. This is most common after divorce or in unmarried couples who seperate. In any case, the task of paying the amount of child support owed is not always an easy task, and may in fact be more than the client can pay.

If a child support case goes to court, the family attorney will represent the client in court. They may also try to reduce the amount of money they are owed. This is especially important if extenuating circumstances such as job loss has occured.

While there is a lot of legal jargon with family law that can be confusing at times, having a lawyer well-versed in the ins and outs can make things significantly easier. In fact, the process of getting your divorce or child support case resolved can become much easier since you’re not alone in the fight. They will be able to represent you in court, and they will also be able to do their research to find the best solution.

When Is It Time to Hire a Lawyer? – Guest Post

March 8, 2022

It is always important to be prepared for anything. This may mean hiring a lawyer if something unexpected happens. For instance, you might need help with your business or a legal matter you are involved in. But what if the unexpected happens before you have the chance to hire a lawyer? Where do you start? How do you know when to start looking for a lawyer? This blog post will explore some of the factors that can affect hiring a lawyer and give you some ideas of what to look out for.

Are You Facing a Criminal Charge?

If you face a criminal charge, it is time to start looking for a lawyer. If you can’t afford a lawyer, the court will instead appoint one to you. A lawyer will represent your interests in court and be present during your trial to defend you should your case escalate that far. Should you be convicted, your lawyer can work with you to also try and appeal the ruling.

Did Something Happen That Could Have Legal Implications?

One way something can have legal implications is if it happened in the course of your employment or you were in the vicinity when a crime was committed in a way that you could be implicated or called as a witness. For example, if you have been fired or suing your employer for wrongful dismissal. If something like this happens, you should look for a litigation lawyer.

Did Something Happen That Could Affect Your Future?

If something happened to you that could affect your future and the future of someone close to you, then it is time to start looking for a lawyer that can help defend you when the time comes. For example, if you have been injured through no fault of your own and are not receiving adequate compensation from the other party because of it, then you should hire a lawyer to go after the money that you’re owed.

Is There Anything You Would Like To Say In Front of the Court?

If you want to make a statement about the case, it is time to start looking for a lawyer. For example, if you want to say something about why you are suing someone or why you have done something in the past that could have legal implications, then look for a lawyer.

Hopefully, these tips will give you a good idea of when to start looking for a lawyer. Remember that it is never too early to start looking for a lawyer and that you should begin as soon as possible after the event happens.

Do I Need to Hire a Probate Attorney in Stuart? – Guest Post

March 4, 2022

It is challenging to deal with things following the death of a loved one. Furthermore, the overpowering sensation that follows a severe loss might take months to recover from.

Stuart Probate Attorney can help you through this challenging procedure by preparing documents, meeting deadlines, preserving records, and providing reports, among other things.

In this article, they’ll go over everything you need to learn about probate law, including what it is, how it works, and when you’ll require a probate attorney.

Who is a probate attorney?

Probate attorneys typically represent an estate’s heirs, personal representatives, or the estate itself. They can occasionally perform more than one role; however, this is uncommon.

A probate attorney can do many things to settle an estate and aid the Executor and beneficiaries, including:

Obtaining the funds of a life insurance policy
calculating and remitting inheritance taxes
calculating and paying any estate and income taxes that may be owed
Identifying all of the estate’s assets
After paying all bills and taxes, final disbursements are made.
Establishing and administering the estate’s checking account
Obtaining property valuations for real estate
Debts and final bills must be paid.
All court paperwork must be prepared and filed.
Putting assets in the names of beneficiaries

What is the Probate legal procedure?

Let’s begin with a fundamental understanding of probate. Verifying the legality of a will is referred to as probate. A probate judge examines the will, selects the Executor, supervises the payment of debts and the division of assets following the will’s stipulations. In the lack of a will, the judge decides who the legal beneficiaries are, selects an administrator, and monitors the exact acts needed by state law.

Whether or not a valid will exists, the essential phases of the probate process are the same:

Request that the court appoint you as the legal representative.
Inform heirs and creditors that an estate has been opened.
Legal ownership of assets is transferred from the deceased to the estate.
Expenses for funerals, taxes, and debts must be paid.
Distribute the remaining assets to the heirs.
Finally, inform the court of your activities and ask that the estate be closed.

While the procedure can be time-consuming and labor-intensive, it is simpler for most estates.

What is the benefit of hiring a Probate Attorney in Stuart?

Having a probate lawyer on your side might assist to expedite the process. The lawyer is familiar with the procedure and the paperwork that must be filed in court.
The lawyer comprehends the circumstance and offers a quicker resolution.
Probate attorneys reduce the likelihood of litigation by managing matters in the most efficient, effective, professional, and timely manner possible.
A probate attorney guarantees that everything is done correctly and that you are not overpaying or underpaying.

Do I Need a Probate Lawyer?

A multitude of variables and events will determine whether or not you need the services of a probate lawyer. Therefore, it would be beneficial to consider subjects such as:

How complex are your state laws?
What kind of Estate Plan did the deceased create?
Were they able to make a Will? Is there trust? Both? Is there nothing?
What is the estate’s size?
Is there any squabbling among the beneficiaries?
What is the complexity of the assets and beneficiary accreditations?

As you can see, most states do not require the services of an attorney. While engaging an attorney may give some peace of mind that the probate procedure is being handled correctly, it is a costly kind of security. There are many additional techniques to ensure you’re on the proper route.

Every year, Stuart Probate Attorney assists hundreds of executors and administrators in effectively navigating the probate procedure independently.

As a result, they save thousands of dollars by not employing an attorney or simply using one for the parts of the procedure that require one.

Furthermore, they have attorney partners in numerous states, so you can receive competent legal guidance when required; instead of paying a lawyer to fill out documents, you may fill them out yourself.

Contact for Assistance Today:

Stuart Probate Attorney can assist you if you have probate administration issues or need assistance through the procedure. We strive to make the estate planning and probate processes as simple and pressure as feasible.

Experienced Criminal Third DUI Defense – Fights for The Rights Of The Individuals – Guest Post

February 28, 2022 (updated July 21, 2022)

Driving under the influence is a punishable offense. Many youngsters are drinking and driving the car. It is a serious and punishable offense. It results in a conviction for a year or fine. If you are a first offender, then you will receive the punishment. The repeating of the offense will directly send you to jail. So, it is essential to loom for the Third DUI Maryland lawyer to fight for your rights.

You can contact the lawyers to get rid of the conviction or punishment. They are providing plenty of services to their clients. It is essential to know about them to protect their rights.

Building a defense through lawyers

The lawyers will concentrate on the facts for fighting the case. They will observe the laws and set up the procedure to protect the rights. There are the following steps for the processing and building of the defense. First, it will make sure that the addressing of the case is with skills and experience. On the other hand, if the lawyer has any doubts about the case, they should inform the people. Otherwise, there is building and reasonably presenting the case on the table.

Contacting with the Third DUI Maryland

There should be no hesitation to consult with Third DUI Maryland for fighting the case. The consequences of the DUI offense are harsh and more when it is a third-time offense. So, it generates the requirement to contact an experienced lawyer fighting the case. It will protect your rights with the correct drafting of the defensive case. Ensure that there is strong evidence for the protection of the offense. The meeting of the needs is possible for the people.

DUI

Protect from the Third DUI penalties

Driving with a drug concentration is risky because you are charged with many penalties. First, it will result in the suspension of the driver’s license. Apart from it, you have to spend more than one year in jail. These will also include the following penalties.

Three years in prison
A fine of $3000
Suspension of the driver license

These are the penalties that you can suffer from under the offense. The DUI lawyer will protect you from the penalties by building a solid defense ad presenting it reasonably. It will result in protection from conviction and punishment under the DUI case.

The Six Traits Of Great Lawyer – Guest Post

February 28, 2022

In today’s time along with different advances in lifestyle and change in the people’s mindsets, problems and needs are on a constant rise by the drop of the minute and for every problem there is a legal branching so that justice prevails. This is a reason why being a lawyer is amongst the top professions in the world right after doctors and engineers. But even though there are abundant lawyers and prospective lawyers in the world economy. The gap between demand and supply of lawyers doesn’t seem to narrow down. Ever wondered why so?

It’s because not every lawyer is the right lawyer, where the situation demands it. Having a lawyer who is well-read, well-set and industrious is of utmost importance. A lawyer is the balancing factor or the moderator of the society, ensuring that justice prevails and that each individual is treated with equality and no prejudices. There are lawyers who think of their profession as a money minting task rather than doing good to the people. That’s not something to look out for in your lawyer. Need to distinguish a great lawyer from the rest…

Here are the six winning traits of a top lawyer!!

Cost

This is one crucial factor to look into while hiring a lawyer. It is well-suited to have a legal representative who goes easy on the funds. There are some lawyers who offer free of charge consultation, unlike the rest just minting from mere signatures. Also, there are lawyers who only charge if they make you win your dispute, doesn’t that sound great, go for such a lawyer. Make a society scan and go only for the lawyer who offers quality work at affordable rates.

It’s not compulsory to go after a heavily experienced lawyer at all times, if the situation isn’t that tough and the budget isn’t that great, you can go for less experienced lawyers they charge less.However, ensure that the professional is well-read and has a good track-record in the area of law your case falls under. If possible go for payment on a contingency basis at all times, which means that you pay only if you win and not otherwise, so if you lose you don’t lose any money.

Experience

It is always advised and sometimes it goes without saying that you hire an experienced lawyer, obviously the one who is experienced in the area of law related to your case. But as expressed earlier you can go for the next best option if the budgeting doesn’t cover it. E,g. If you are being sued you wouldn’t go to a lawyer with a handsome experience of 10 years in family law, but rather go to an attorney having the maximum experience you can find amongst all.

Though not all cases go through hearings and arguments, it is advisable to go for a professional who can represent you and speak for your case in the court of law. There might be a situation that your case makes it to the courtroom, your lawyer should be comfortable and prepared for all kinds of legal treatment. The variety in the experience the higher the chances of winning. Question your professional about his past cases.

Persona

Being on the same page is always a good way of making things work. You should be comfortable with your lawyer’s personality in all only then will you be able to work with him/her. It’s equally important to get along, because the time of a lawsuit is challenging and you should be fine sharing issues with your lawyer. You don’t want to be with someone you can’t bear at times like this.

All lawyers have a different personality while at work. Some lawyers are loud and aggressive and will get down to quick solutions and sometimes even out of the court bullying for a settlement, on the other hand there are lawyers who might take their own time to come to a solution after trials and also a good amount of research and studying. The lawyer you choose should have a personality that matches the complexity of the case. You can ask for lawyer references from your kith and kin.

Approachability

No point in hiring someone who isn’t there when required. Go for a lawyer who is readily available at all times for your case. If the professional is always busy or out of town, it will be difficult to contact and this may form loopholes in treating your case.

You might end up waiting for weeks for the next step in your dispute or just to get a follow-up from the lawyer. It’s like a blessing to get someone who is active on call, with messaging and even emailing or even in person, whatever the situation demands.

Ethics

Being ethical is always an added relief. Your lawyer must be ethical, only then will your win hold validation and immunity. Being upfront and honest is what your professional must go by. The lawyer shouldn’t just do this with your case, but ethics should prevail throughout their past experience and style of working. There shouldn’t be any assurance that can’t prevail and the lawyer should also keep you completely aware about the different possible outcomes.

Ethics not only cover honesty and transparency, but the lawyer should also adhere to the legal rules of the place of dispute. Don’t hire a lawyer who switches on the suspicion regarding ethics in you. A lawyer without ethics can never be trusted and that may even land you in even more trouble with him foul playing with your case for more money or even changing sides.

Compassion

Understanding is actually what compassion unveils. If your lawyer can understand what you’ve gone through and what all you need then nothing like it, hire him/her instantly, the individual can do and knows what’s best to do. The lawyer shouldn’t be judgemental at all and should take advantage of your situation in any way. After all a lawyer is a professional who you can rely on in the most difficult times, times that require legal attention.

If your understanding doesn’t match, it’s time to go for another legal professional. Compatibility is a deal-winner as you will be working quite closely and sometimes for an indefinite time with this legal helper.

Winding Up

These were the most important traits to look for in your lawyer or upcoming lawyer. But these aren’t enough. Your legal professional should have great linguistics, memory, confidence, code of conduct and not to forget strength of character. Also look into the work-setup, qualification backing and humanism of the individual you want to work with. Go ahead and make a wise choice and remember not all expensive lawyers are great and not all affordable lawyers miserly with their work. You can take help of some popular lawyer apps where many popular lawyers register. Scan their history for hiring clarity.

Author Bio:

Susan Garcia is a writer by heart. She loves to travel and gain new experiences. A qualified engineer at AppsHive by profession, Susan is also a wellness specialist with many years of experience. She is someone who loves to share her learnings that she has gained in her pathway to success. Also, mental health is one of the main causes she supports, hence most of her work is in the non-fiction genre. She radiates positivity and good vibes wherever she goes.

What Is the Difference between Assault and Battery Crimes? – Guest Post

February 25, 2022 (updated February 25, 2022)

Assault and battery are two offenses that are similar but not the same. When a person conducts an act that places a victim in reasonable fear of harmful or offensive contact, this is referred to as an assault. Battery, on the other hand, occurs when someone makes physical contact with the victim that is harmful or offensive.

Furthermore, assault and battery are both commonly charged as misdemeanors (as opposed to an infraction or a felony). The offenses are punishable by prison time and large fines.

It’s worth noting that anyone accused of either of these crimes can defend themselves by filing a legal defense. As for instance, a defendant may claim that he or she:

acted in self-defense or;
was the victim of a false accusation

How Is an Assault Different than a Battery under U.S. Law?

Assault and battery are two separate offenses. The fundamental distinction between the two offenses is that an assault does not always require physical contact with another person, whereas a battery does.

When a person conducts an act that has the potential to cause physical injury to another person, it is called an assault.

Whereas, if a person commits a battery, he or she causes physical injury to another person.

An attempted battery is the same as an assault, whereas a battery is the same as a completed assault.

What Is the Crime of Simple Assault?

In most cases, an attack is defined as an act that places the victim in reasonable fear of harmful or offensive touch.

While a battery is defined as the use of force or violence, assault is defined as the attempt to use force or violence.

It’s worth noting that, when it comes to the use of force or violence, any damaging or offensive touching is usually sufficient to warrant an assault charge. If it is done in a nasty or disrespectful manner, even the tiniest touch will be taken into account.

Even if the touching involved did not or could not result in any kind of physical injury, assault charges can be filed. Furthermore, touching does not have to be done in a direct manner. It’s possible to do it indirectly by causing an object to come into contact with the “victim.”

Assault offenses are usually classified as misdemeanors. Usually, the offense is punishable by:

Up to six months in jail (rather than state prison) and/or
a maximum fine of $1,000 as a possible penalty.

Different degrees of assault exist in some states, such as first, second, and even third-degree assault.

What Is the Crime of Simple Battery?

Battery is defined as the use of force or violence against another person with the intent to harm them.

A person must actually inflict harmful or offensive contact on the victim to be charged with battery under the law. There is no requirement for a person to cause the claimed “victim” any personal hurt or bodily harm. Even the tiniest touch can be considered battery.

Even if the touching occurs, a battery is formed:

directly via the victim’s clothing, and/or
indirectly through an object used by the defendant to touch the “victim.”

Battery charges, unlike assault charges, must include claims of physical contact. As an example, if a person attempted to shove another person but missed, there can be no criminal charges of battery. However, an assault charge might still be filed.

Simple battery offenses are usually charged as misdemeanors. The following are some of the most common penalties imposed by states on offenders:

Up to six months in prison and/or
large fines.

What Are the Different Types of Assaults and Their Consequences?

Sexual assault (including rape and statutory rape), assault on a peace officer, assault on a minor or juvenile, assault with intent to murder, and gang assault are all examples of assault charges. All of these are considered felonies in most jurisdictions. Also, all the following crimes involve jail time and fines, and if the offender has a prior offense on their record, the charges are nearly always increased.

Is It Possible for a Defendant Accused with Assault or Battery to Have a Legal Defense?

Any assault or battery charge can be challenged with a legal defense.

A strong defense system can help a criminal charge be reduced or even dismissed. It’s worth noting, though, that having an experienced criminal defense attorney mount a defense on behalf of somebody accused is necessary.

There are four successful defenses to assault charges, according to the criminal defense lawyers at Silver & Silver. These are the accusations that can be made by a defendant:

He/she did not actually touch another person (he simply attempted to do so),
did not act willfully,
acted in self-defense, and
was stopped or charged without reasonable cause.

Getting Legal Help

Consult an expert criminal defense attorney if you’ve been arrested or charged with a crime. A skilled criminal or car accident lawyer at Silver & Silver Attorneys can thoroughly explain the law in your state and advise you on your options.