The Do’s and Don’t of Workplace Injury Claims

When an employee is injured while on the clock, they have the option of accepting workers’ compensation benefits through their job. These benefits are meant to help cover the cost of the damages and losses incurred as a result of the accident. This may include lost wages, hospital bills, medical expenses, prolonged therapy, and more. If you were recently injured at work, it is in your best interest to learn what you can about workplace accidents and injury claims so that you may make the right decisions regarding your physical and financial recovery.

If you have not been injured at work, it is still wise to learn these tips so that you are prepared if it ever happens to you or someone you love. Continue reading to learn what you should and should not do in the case that you are injured at work and considering workers’ compensation.

Here’s What You Should Not Do:

Do not hide your injury or fail to report it.

Do not decline medical attention. This can be harmful to you both physically and in terms of filing a claim.

Do not let the company’s case manager into your hospital examination room while you are with the doctor if you do not want them in there.

Do not let the workers’ compensation insurance carrier take too long to approve or deny your injury claim. There are state laws that mandate when they must respond. It is usually within 30 days after the claim is officially filed.

Do not believe your employer if they tell you there is a “minimum period” of employment that you must retain in order to receive workers’ compensation benefits. You are entitled to benefits immediately, no matter your length of employment.

Do not miss or reschedule any appointments that are made by your employer’s workers’ compensation insurance carrier. Missing too many appointments can revoke your right to certain benefits.

When you return to work, do not let your employer place you into a line of duty that violates your work restrictions.

Here’s What You SHOULD Do:

Report your injury immediately, whether you think you need medical care or not.

Demand that a written accident report is made on the spot and be sure to get a copy for yourself.

Immediately seek or accept medical attention.

Retain all paperwork and documentation of your accident, injuries, and medical care. Keep track of all the written restrictions and instructions given to you by your doctor.

If your employer makes any retaliations or threats in regards to your claim, contact the Department of Labor immediately and report the harassment.

If you are unsatisfied with your medical treatment or diagnosis, ask for a second opinion.

If you are denied certain benefits due to a “pre-existing condition”, be sure to protest with the help of a licensed personal injury lawyer.

Posted in Law

Finding a Good Family Lawyer

Family lawyers are needed in different situations including divorce. Such situations are very stressful and if you are not careful, you may have a very hard time during such times. There is a need to have a professional with a deep understanding of the law on your side so as to handle different situations that you may not know how to handle completely. This can make the process much easier for you and the whole family.

When you are looking for a family lawyer, there are some qualities that should be outstanding. These will help you know whether the person you have chosen to represent you is capable of handling himself and the case at hand. Some important qualities include:

  1. Communication: the lawyer should be able to communicate and communicate well. This is very critical. The lawyer needs to be able to communicate in an easy and clear manner. When you have a lawyer, it is necessary that you are able to voice your expectations and concerns. It is the job of the lawyer to explain things clearly to you as well as those that have to do with the case and to give you expectations that are realistic. The lawyer should also be able to communicate with other parties to the case. Good communication leads to effective negotiations keeping costs down. A good communicator will also be very helpful should the case go to court.
  2. Experience and skills: while it is important to have an attorney to represent you, it is important that he is able to represent you well. So as to do this, skills are required. A case such a divorce can touch on many aspects of family life as we know it. This may include career, retirement, finances and so on. The lawyer should be experienced and very knowledgeable so as to make sure that all your interests are protected. Experience in family law cases is an added advantage especially if such a case has a lot of similarities with yours.
  3. Availability: when you are searching for a representative, make sure it is a person that is available in all the important points of your case. If he can’t be present all the time, he should have support available to cover when he has other matters to attend to. The lawyer should avail himself to respond to questions in a good and timely way, he should work with timeframes so as to reassure you of his dedication. He shouldn’t be too held up with pother cases so as to be able to pay attention to yours.
  4. Composure: your family lawyer should be able to maintain his composure at all times. This isn’t only about staying focused and calm, but also exhibiting a lot of self-control when in the courtroom or when dealing with other lawyers, even if he feels frustrated, your interests need to represent very strongly but he shouldn’t take things too personally when the turn of events isn’t completely to his favor.
  5. Support and resources: lawyers have other clients too, and it is not possible that they will always be available to answer questions every time something comes up. It helps when the lawyer has a team working with him so that even emergencies can be handled swiftly.
Posted in Law

Estafa Vs B.P.22 – What Is the Difference?

We’re pretty sure there’s a point in time that you became party to a transaction, either as payee or payer. Of course as payee, receiving cash is much preferred as you are sure that your payment was given to you in full sans any further action needed from your end. Now as payer, issuing a check is so much more convenient, especially for substantial transactions, as you would not have to worry about bringing cash and making sure that all your expenses are accounted and debited for, up to the last centavo.

It’s great if all transactions went smoothly without any hitch. However, with both parties making and receiving payment all in good faith. But what if you were conned by someone you had the mistake of trusting? Or what if you issued a check as a show of good faith to close out on a deal but at the time of issuance, the account has insufficient funds and you made a mental note to replenish the account as soon as you got paid. Alas, you then notice that your check bounced.

The above instances had surged over the years and has caused an unfortunate chain reaction which prompted the filing of either or both the following cases: Estafa and Violation of Batas Pambasa (BP) 22 or the Bouncing Checks Law.

Estafa Through Issuance of Unfunded Checks
The crime of Estafa is punished under the Revised Penal Code. One can be held guilty for Estafa by means of issuing a bouncing check with the use of false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
“By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. (Article 315(2)(d) of the Revised Penal Code as amended by R.A. 4885)”

How can a person be held guilty for Estafa?

Under the RPC, the following elements are necessary to hold a person guilty of Estafa:

  1. Postdating or issuance of a check in payment of an obligation contracted at the time the check was issued
  2. Insufficiency of funds to cover the check, and
  3. Damage to the payee thereof.

The most important element here is the damage caused. Absent any of the following elements, a person cannot be held liable for Estafa.

Case in point:

Andres owns and operates a trading good business and bought merchandise from Bonifacio and issued an unfunded check in consideration of the goods received.

In this scenario, Andres can be held liable for Estafa because he issued a check knowing it to be without sufficient funds to pay the items he bought from Bonifacio. The issuance of the bounced check here was with fraudulent intent.

Bouncing Checks Law (BP 22)
Unlike Estafa which has its basis under the RPC, BP 22 is enacted through a special law. A person can be charged for violation of BP 22 when he commits the following acts:

  1. Making or drawing and issuing any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment;
  2. Having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank.

How can a person be held guilty for Violation of BP 22?

Violation of BP 22 can be filed against any person when the following are present:

  1. Making, drawing and issuance of any check to apply for account or for value;
  2. Knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; and
  3. Subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment.

Same with Estafa, the presence of all these requirements is important. Otherwise, the charge of BP 22 will not attach. Note that knowledge of insufficiency of funds is presumed when it is proved that the issuer received a notice of dishonor and that within 5 days from receipt thereof, he failed to pay the amount of the check or make arrangement for its payment. Additionally, in BP 22, good faith is immaterial. Meaning, the mere issuance of an unfunded check already consummates the crime.

Using the same example above, Andres can also be charged for Violation of BP 22, other than Estafa, because BP 22 cases also cover issuances of bouncing checks for value received.

Where does the disparity lie?

It is Estafa when, among others, you issue an unfunded check with fraudulent intent in consideration of something of value you received. Here intent is material and good faith may be used as a defense.

It is a case for Violation of BP 22 when you issue an unfunded check whether or not it is for an obligation you contracted prior to the issuance of the check or not. Simply put, you are liable for BP 22 whether you issue a check for a present or a past obligation.

Posted in Law

Significance Of Character & Police Clearance Certificate In Immigration

If you are planning to settle permanently in any foreign country, police clearance certificate is one of the essential documents you will need in order to qualify successfully for the permanent residence visa process. A police clearance certificate is issued to Indian passport holders by the concerned police authorities covering the time period of the applicant’s stay in the particular region. If any applicant has been involved in any kind of illegal activity or was arrested for violating the law anytime, the police clearance certificates notes the entire nature and reasoning of the applicant’s case. In much simple words, a police clearance certificate represents how ethical or unethical your character is in the eyes of law of the counties you have lived after the age of 16 years.

Necessity and validity of the police clearance certificate in the immigration process

It is necessary for a prospective immigration who is 16 years older and currently residing in India to have his criminal check done. If the candidate is an Indian citizen age 16 or older and currently residing in India, whose passport was issued MORE THAN six months prior to their immigrant visa interview date, should obtain a Police Clearance Certificate from both the nearest Indian Passport Office and the District Police in the area in which they reside. However, if their passport was issued LESS THAN six months prior to their interview date, they only need a Police Clearance Certificate from the nearest Indian Passport Office.

Factors that impact police clearance check

The following factors will have an impact on your police clearance check:

  • You have a substantial criminal record: By this, it means that past records will be assessed. A sentence(s) of 12 months or more in prison will impact your police check.Also, a suspended sentence is considered as a prison sentence.
  • You have been convicted of escaping: In case you have been found guilty of escaping from immigration detention (during or while detention or had escaped and were taken into detention later), it may bring an adverse impact on your PCC.
  • You are/were associated to a criminal group: In case you have been a member of organization or group that has bad records and the Minister for Immigration reasonably suspects your involvement in the group/organization criminal activities, it may impact your police check.
  • You are/were involved in any crime or offensive acts: If the Minister for Immigration reasonably believes your involvement in criminal acts like human trafficking, smuggling, genocide, sexual offense, torture of slavery, a crime against humanity, a crime of serious international concern, it becomes difficult for you to obtain a PCC.
  • Your past records prove you of an immoral character: If your past and presents records show that you are not of a good character and the government of the country thinks that you can be a threat to the country, you will be denied of a police clearance.

Procedure to apply for a police clearance certificate (India):

If you are 16 years or above, you can apply for a PCC at the places listed below, as per the associated conditions:

  • If you are residing in India and your Indian passport was issued within past 6 months
  • Apply at the Passport Office
  • If you are residing in India and your passport was issued more than 6 months prior to visa application
  • Have to apply at the Passport Office and the District Police Office near your place of residence
  • If you are an Indian passport holder and is staying outside India
  • Local Embassy or Consulate confirming you have no criminal record (a statement from Embassy or Consulate is acceptable)
  • If you are an Indian passport holder and currently resident in India, but has lived in another country (except for the U. S.).

You need to apply at the passport office, d District Police Office serving your place of residence (if the passport was issued more than 6 months prior to visa application) and the country of previous residence (if available).

Posted in Law

DUI Record Search and Why You Should Run One

Getting a DUI is a big deal for someone. The repercussions of getting a DUI can last years. From getting your license revoked to losing your job, so yes getting a DUI is a serious offense.

But what about the other end of getting into a car with someone that has gotten a DUI in the past and not knowing the risk you could be getting yourself into. Keep reading to find out why you should run a DUI record search and what information you could find.

It will be in your best interest to know who you are letting getting behind the wheel while you’re the passenger.

New Dates or love interest

With advancements in technology there are more apps then ever designed to find love or dating prospects. Before you jump in that car for a night out be sure to run a quick public record search that could uncover past driving records such as a DUI.

Carpooling to work

Carpooling is a great way to share the cost of getting to and from work by sharing a car ride with others.

With that said before you zoom down the highway with Bob or Margarete be sure to run a DUI record search on the individuals that will be driving.

Your Child’s friends Parents.

Believe it or not this can be a much-overlooked search area but one of the most important ones.

Your children’s friend’s parents may take your child to parties, play dates for pizza or anywhere else. Be sure whoever is driving your children around town has a clean record.

What information can you find in a DUI record search

After running a search, you could find all kinds of information from a public record search.

There will be a criminal record section, asset information, related person searches, Dui record data, and much more that users can search and find on their targeted individual.

Keep in mind online services are usually anonymous so your search subject will not know.

In closing

It is worth the small investment in time and money to run a DUI record search on someone that will be driving your or any of your loved ones around town. All you need is the State of the person you’re searching and first and last name.

If your search subject has public data on them, you should be able to see what information is on them within your private report.

Posted in Law

Will The End Of DACA Burst Our Academic Bubble?

Maybe it is okay that the academic bubble is about to burst. After all, our colleges and Universities seem to have lost their way, teaching gender studies, minority (majority) studies, leftist viewpoints and the never ending politically correct mission creep of sustainability, equality, and socialism. Is the removal of DACA – Deferred Action for Childhood Arrivals going to be the straw that breaks the camel’s back in academia? It very well might be. Let’s talk.

There was an interesting piece on NPR worth listening to titled: “California State University Chancellor Raises Concerns About End Of DACA,” part of the ‘All Things Considered’ venue (4 minutes, 14 seconds long). The piece was on the air on September 6, 2017. During the interview the California State University system Chancellor Timothy White, he stated:

“Well, it would make it so several thousand of our students and several hundred of our employees would lose the status that DACA has provided. And for some, that would mean they would drop out of school out of fear. For others, it would mean that they would not be able to get a job or have the sort of ability to function in society once they earn their college degree. So we’re actually deeply disappointed in the president’s action and are working strongly with, now, our congressional members to create legislation to reverse this.”

Personally, I bet it is much higher than that, I bet it’s at least 5,000 students at 500 University employees. First, why is the University hiring Illegal Aliens ahead of US Citizens? Second, are these 5,000 students borrowing monies (student loans) for their over-priced tuition? You know, college is FREE in Mexico, but I guess if they don’t pay back the student loans its FREE here too, for them only as all the citizen college students can’t get out of their student loans ever, or those on Student VISAs have to pay in exorbitant college tuition fees in advance often 3-times the normal rates. Next is this issue with Cal Grant program – who do you think pays for that?

Meanwhile, most of the University professor pension funds around the country are in trouble (underfunded) and their pay keeps increasing, and the Universities continue to hire more administrators to their already bureaucratic and top-heavy brain-washing institutions.

Now you might ask, why on Earth does this author (me) care? Well, I am a taxpayer. And, I understand the issues of social safety nets, but our taxes are paid by US citizens for our benefits, not to redistribute to folks who are in our country illegally. Yes, I understand the debate; “it’s not their fault, their parents brought them here at a young age, and this is the only country they know.” Understood, but that is not my fault, nor should it be my problem just because I am a white male.

It seems now we are in a Catch-22. You see, if we send all the DACA students back, they will not pay their student loans, and will finish their education in Mexico, where it is free, which might be enough to trigger a bubble burst in the student loan market causing severely decreased enrollment as no one will be able to get a student loan in the future; citizen or not. Fewer students means tuition revenues will decrease, layoffs of staff and professors will cause poor education, larger classrooms, and bankruptcy to many University systems nationwide. And, mind you, the academic bubble will eventually burst as it is “unsustainable” anyway, but this may accelerate the time to drive off that cliff.

It’s too bad academia got hijacked by leftist political forces, now it’s time that the pendulum swings back to some sense of normalcy. Maybe it’s going to take a big hit to the system to force a little common sense back into the University system, maybe this DACA reversal might be that event that pivots to a more reality based place of higher learning?

Posted in Law

Can I Get Ticketed By an Off-Duty Police Officer?

We are thankful for our law enforcement personnel who sacrifice their lives every day to protect our rights and our safety. As citizens, we expect police officers to be honest, respectful, and un-biased figures of society, so that we may trust them to carry out their duties responsibly.

But sometimes, a cop can exhibit overconfidence and carry out personal agendas that are not necessarily a positive contribution to our communities. One common example of this involves off-duty cops and unmarked police vehicles. Continue reading to learn about your rights as a citizen in the case that you are pulled over by an off-duty police officer in an unmarked vehicle.

Off-Duty and Unmarked

Have ever been pulled over by an unmarked police vehicle? They appear to look like any other normal vehicle on the road, and then all of a sudden, you see their flashing lights and sirens in your rearview mirror. Unmarked police cars are purposeful and used in several types of investigations and routine applications. So if you are pulled over in one, by a cop that is actually on-duty, then you are being legally pulled over. However, if you were pulled over by an off-duty police officer in an unmarked vehicle and out of uniform, the situation changes.

According to Indiana Code ยง 9-30-2-2:

A law enforcement officer that is off the clock and driving in an unmarked vehicle does not have the authority to pull someone over and issue them a citation or ticket.

Accordingly, any evidence gathered by the police officer during an unauthorized stop is suppressible, and carries no weight in a court of law whatsoever. Many drivers have had their citations and tickets revoked under these circumstances, after an attorney successfully presented their argument regarding this Indiana Code.

How to Challenge an Illegal Ticket

It is important to understand the limits of a cop’s authority, and when and where they have jurisdiction. This way, you can know whether or not a ticket is being issued legally. If this has ever happened to you, you might want to consider challenging it, or expunging the violation altogether. Talk to a record expungement lawyer to see if you qualify.

Remember, an off-duty officer in an unmarked vehicle has just as much right to pull you over as you have the right to pull over the car in front of you. So if a cop on his way home from work wants to pull you over, keep this in mind. But of course, never keep driving. It is best to just stop and talk to the police officer. Do not argue, accept the ticket, and then immediately call a defense lawyer when you get home.

Posted in Law

FAQS About Public Defenders

When you are learning about public defense, the first question you are likely to ask is, “What is a public defender?” So let’s not waste anytime answering this question, and many more frequently asked questions about public defense lawyers. A public defender is a criminal defense lawyer that works for the state and paid by the government. They provide free legal representation to defendants that are facing criminal charges that are punishable by jail time. Continue reading to read more common questions and answers just like this one!

Do Defendants Have to Pay for a Public Defender?

No, clients do not pay. However, a judge must decide that a defendant qualifies for public defense before one is appointed to them. In cases that a person is fully capable of paying for a private representation, they may be denied state assistance.

Is a Public Defender Less Qualified Than a Regular Criminal Lawyer?

No, both public defenders and private criminal attorneys are equally qualified in terms of education requirements, certifications, and licensing. The only difference is the level of skills and experience of each person.

Should I Use Public Representation or Hire My Own Lawyer?

Although public defenders are equally qualified doesn’t mean they are the most promising option for defense. Since they work for the state, their case loads are extremely rigorous and overflowing. This means they only have a limited amount of time to spend on each case. A private attorney can provide personalized representation to ensure you avoid the maximum penalties if convicted of your charges. Whether you are facing a petty charge like shoplifting, or a major charge like manslaughter, private counsel is the best choice, no matter the price. You can’t put a price on freedom, after all.

Can a Public Defense Lawyer Reject My Case?

If you are indigent and cannot pay your bills as they come due, it would be both unethical and illegal to have your case rejected since it is a violation to your Constitutional rights. Although a case can be handed over from one lawyer to another, it cannot be rejected and ultimately “skipped over” or denied. A person who is entitled to free representation will get it, no matter what.

Can I Request a New Lawyer?

If you are found to be eligible for state defense, you will be assigned a lawyer by the court. If this lawyer does not meet your expectations or recover the plea arrangement that you wanted, you do not have any options. Unless you can prove to a judge that your current lawyer is somehow violating your right to adequate representation, you cannot switch or be appointed a new one. Inadequate representation includes scenarios like missing appointments, failing to meet deadlines, forcing you to a certain plea, not informing you of case status and court dates, and ignoring critical evidence. And if you choose to appeal your conviction, you must hire private representation anyway, so asking to switch at that point wouldn’t be necessary.

Posted in Law

Driving Safety Near a School or School Bus

Driving near a school or a school bus can be dangerous if motorists don’t take proper precautions to ensure not just their own safety, but the safety of children in the vicinity. Here’s a guide to help you understand the right protocol to follow as a motorist in a school zone, or near a school bus.

Picking up or dropping off children at school:

  • Every school has a system to pick up and drop off children. Make sure you educate yourself on the rules of the school and adhere to them
  • Don’t double park because it reduces visibility for other drivers, and can endanger students
  • Park in the allotted areas (these have been designed keeping in mind the safety of students), and take permitted turns while navigating the school grounds. Avoid making U-turns and three-point turns.
  • While driving, watch out closely for children on bikes coming onto the roadway from between parked cars. Also keep a safe distance of at least 3ft between your vehicle and the motorcycle, and always check your side-view mirror before exiting your car
  • As a rule, ensure that your child is safely buckled in with the seat belt or in an age-appropriate child car seat before starting the car. Also, make sure your child enters or exits the car only via the ‘safety door’ which is the rear door on the kerb-side

Driving in a school zone:

  • Don’t exceed the 25mph speed limit imposed while driving in school zones. Most often this speed limit is imposed in school zones between 8 a.m. and 9.30 a.m., and 2.30 p.m. to 4 p.m. Motorists must adhere to this speed limit even if there are no children in sight
  • Slow down when approaching a school crossing
  • Do not proceed past the school crossing until the crossing supervisor’s hand-held sign is no longer displayed, or until he/she indicates that you can continue
  • If there is no crossing supervisor, but ‘CHILDREN CROSSING’ flags are displayed, the motorist must stop and wait until all the pedestrians have crossed the road
  • While driving through a school zone, avoid honking as it might scare children and cause them to stumble or fall in the way of oncoming traffic

Driving in the vicinity of a school bus:

  • Learn to understand the flashing light system on school buses.
  • If the overhead lights on the bus are flashing yellow, then prepare to stop. These lights indicate that the bus driver is planning to bring the vehicle to a halt to load or unload children.
  • If the overhead lights are flashing red, and the stop sign extended, it means that the bus has stopped and that children are getting on or off the bus. At this time all motorists, regardless of the direction in which they are moving, must come to a halt until the red lights stop flashing, the extended stop sign pulled back, and the bus resumes motion. In all 50 states of the U.S., it is mandatory for all vehicles on both sides of the road to come to a halt during this process. However, if a median divides the road, this may not be required.
  • If you are passing a school bus, make sure that there is plenty of visibility and space in the next lane. It is illegal in the U.S. to pass a bus on the right side, as this is where the loading and unloading of children occurs. Therefore, vehicles may pass the school bus on the left side on multiple lane roadways
  • Remember, though buses have large mirrors to assist the driver in his/her navigation, these vehicles also have huge blind spots. Stay cognizant of this, and pull back and slow down if you see a bus flash its blinkers, and allow it to move into the next lane.
  • Be especially vigilant near bus stops. Children may be playing at the bus stop to kill some time, or might be arriving late for their school bus and may inadvertently dart into oncoming traffic.
  • Bear in mind that buses stop frequently, so maintain at least 3ft distance between your car and the bus, to allow yourself enough time to come to a halt too
  • Do not park at or near a bus stop. In fact, maintain enough distance between your vehicle and the bus stop to allow children to enter and exit the bus with ease
  • Always remember that children can behave in an unpredictable, often rash, manner. In their haste or enthusiasm, they may not remember the safety concerns associated with walking on the road or picking up something they’ve dropped on the road. Therefore, it’s important to look very carefully to make sure the way is clear before navigating traffic behind a school bus.

These tips will help you drive in a safe, responsible manner while driving in a school zone, or near a school bus. If you would like to share your thoughts or suggestions of your own, we’d love to hear from you. Leave us a comment below!

Posted in Law

Three Categories of Family Law Documents

This branch of the law covers all legal matters that pertain to a family. This can include marriages, divorces, prenuptial agreements, adoption, civil unions, property settlement, child custody and visitation and more. To become an attorney that deals with family law you have to first get your bachelor’s degree, attend law school and then pass the bar but if you plan to specialize in family law there are many different specialties to choose from, including adoption, neglect, abuse, divorce, paternity, custody and visitation, paternity, and more.

Marital unions

Under this category marital unions include civil and traditional marriage unions. It rarely includes formal pleadings. The reason is that this area of the progress of family life is less contentious. This means that not many couples at this stage are filing actions against each other. Some of the documents include:

  • Name change forms
  • Certificates of marriage
  • Prenuptial or premarital agreements

These documents may be called by other names in different jurisdictions but they all cover the same area. Some jurisdictions may also enable other types of actions under the category of martial unions but the general concepts as to what is handled by these forms, agreements, and certificates are common in all jurisdictions.

Marital termination

This category is where you will find most of the documents. These documents deal with marital terminations and include divorce, separation, and annulment. One of the parties will initiate a court action to sue for relief. These particular documents will mirror the types of pleadings that are filed. In addition to asking for termination of the marriage the documents can also include replies to the court action filed and any counterclaims. Some of the more common documents can include motions to restrain a spouse from deleting the marital assets, temporary alimony, and court costs. This category of family law documents include all the attachments and forms that are used to establish the marital estate as part of the proof that will be needed to reach an amicable and fair divorce settlement.

Parent-child relations

In this category are the actions that will do the following:

  • Appoint a legal guardian
  • Establish paternity
  • Deal with the issues of support, custody, and visitation
  • Removing a child from a home for cause

The petitions can also include motions to modify an order for child support, and motions for contempt for failure for either party to comply with any prior court orders.

As you can see there are many different documents that a family law attorney has to deal with so that is why many specialize in one particular area although some may practice in more than one area. To be sure which specialty volunteer to work for a family law firm.

Posted in Law