Domestic Violence

Domestic violence is Seriousand isn’t just physical. It also covers the threats, emotional abuse, harassment and stalking that a spouse, partner or date use to control someone else’s behavior. The abuse frequently occurs in predictable patterns as part of a cycle of violence in which the behavior escalates, erupts and then mellows into apologies. It can be directed against anyone, from children to current and former partners, roommates, even parents.  Research reveals that domestic abuse crosses all racial, ethnic, religious and economic lines.

Domestic violence is a crime in all 50 states.  Most domestic abuse laws are in place at the state and local levels, and there are some federal laws as well.  The Violence Against Women Act makes it a federal crime for a convicted abuser to cross state lines to continue to harass or abuse a spouse or partner, or to violate a restraining order.  It’s also a federal crime — and usually a state crime — for an abuser who has a restraining order to purchase or possess firearms and ammunition.

• The first legal step against an abuser is to file for a restraining order. If someone is in immediate danger, he or she can get an emergency protective order, also called a temporary restraining order. This prohibits the abuser from making any contact with the victim. The accused abuser is not allowed to come to the victim’s home, work, school, etc. To get an emergency protective order, call the local police. Law enforcement officials can usually obtain them after regular court hours.

• Temporary restraining orders usually last a few days. To apply for a more permanent one, the person needs to go to court to fill out paperwork. At that time, he or she will need to write an affidavit, describing the incidents of abuse or stalking. The person needs as much identifying information about the accused as possible, such as license-plate number, date of birth, Social Security number and work and home addresses.

• Once someone gets a restraining order issued, the court or the victim must call the local police department to tell them where the abuser is restricted from going and enter the information into local law enforcement computers. A restraining order issued by any state or Indian tribal government is valid anywhere in the United States.

 

There are many free legal services available for victims of abuse. To find out more, call your local legal aid office. Or call the National Domestic Violence hotline for help: 1-800-799-SAFE (7233).
 







 

 
 
 

TO HIRE OR NOT HIRE

Legal services aren't cheap, how much are you willing to spend?  How much can you expect to pay? Rates for legal fees vary based on location, experience of the lawyer, and the nature of the matter. Believe it or not, rates may vary anywhere from $50 an hour to a $1,000 an hour or more. So before you "Sue Me" think of the costs.

Why do I need to pay a Re-tay-ner?
A Retainer fee is typically, but not always, an advance payment on the hourly rate for a specific case. The lawyer puts the retainer in a special trust account and deducts from that account the cost of services as they accrue. During the course of legal representation, clients should review periodic billing statements reflecting amounts deducted from the retainer. Most retainers are non-refundable unless labeled “unreasonable” by a court. If you decide to drop a case that your lawyer has worked on before the retainer has been exhausted, you may forfeit the remainder.

Did you say Cunt-in-gency?
In certain types of cases, attorneys work on a contingent fee basis. “Contingent” means that the attorney takes no fee from the client, but gets a percentage — typically one-third of the settlement or money judgment. Contingent fee arrangements are typical for plaintiff's counsel in automobile and accident litigation, medical malpractice and other personal injury cases, as well as in debt collection cases. Courts set limits on the contingency fees a lawyer can receive from personal injury suits. Of course, lawyers and clients are free to negotiate contingency fees less than the standard one-third. Contingent fee arrangements in certain kinds of cases such as divorce, criminal cases, or child custody cases are prohibited.

No Sir. I have never been Indigent. Only Innocent!
If you are indigent and if you are charged with a serious offense, you may be entitled to have an attorney appointed to represent you for free. The federal government and the states provide for the appointment of public defenders for indigent criminal defendants. Public defenders are paid by the government and are required to represent clients as vigorously and competently as private attorneys. Public defenders often are specialists with many years of experience in the defense of criminal cases. Don't underestimate their expertise.
 

 

ABSOLUTE DIVORCE: the final ending of a marriage. Both parties are legally free to remarry.
AB INITIO: Latin for "from the beginning."
ACTION: a lawsuit or proceeding in a court of law.
AFFIDAVIT: a written statement under oath.
AGREEMENT: a verbal or written resolution of disputed issues.
ANSWER: the written response to a complaint, petition, or motion.
ALIMONY: a payment of support provided by one spouse to the other.
ALIAS SUMMONS: another summons when the original is not served on the defendant.
ANNULMENT: a marriage can be dissolved in a legal proceeding in which the marriage is declared void, as though it never took place. In the eyes of the law, the parties were never married.
APPEAL: a legal action where the losing party requests that a higher court review the decision.
COLLUSION: an agreement between two or more persons that one of the parties brings false charges against the other. In a divorce case, the husband and wife may agree to use adultery as a ground in order to obtain a divorce more quickly, knowing full well that adultery was not committed. Collusion is illegal.
COMPLAINANT: the one who files the suit, same as plaintiff.
COMMON LAW MARRIAGE: a common law marriage comes about when a man and woman who are free to marry agree to live together as husband and wife without the formal ceremony. to be common law married, both spouses must have intended to be husband and wife. Maryland does not recognize common law marriages.
COMPLIANT: called a Bill of Complaint. the legal paper that starts a case.
CONDONATION: the act of forgiving one's spouse who has committed an act of wrongdoing that would constitute a ground for divorce. Condonation generally is proven by living and cohabiting with the spouse after learning that the wrongdoing was committed. It often is used as a defense to a divorce.
CONTEMPT: failure to follow a court order. One side can request that the court determine that the other side is in contempt and punish him or her.
CORROBORATIVE WITNESS: a person who testifies for you and backs up your story. If you are asking the court to grant a divorce, you must bring to the hearing a witness who can corroborate your grounds for divorce.
CUSTODY-SOLE & JOINT: refers to the legal arrangements for whom a child will live with and how decisions about the child will be made. Custody has two parts: legal and physical.  Parents can make any custodial arrangement that is in the best interest of their children. The standard for custody is "best interest of the child".
DEFAULT: a party's failure to answer a complaint, motion, or petition.
DEFENDANT: the person the case is brought against.
DISCOVERY: a way for getting information from the other side or other people. Examples of discovery are interrogatories (written questions) and depositions (questions which are usually in person and recorded).
DISSOLUTION: the legal end of a marriage.
JUDGMENT: a court's decision.
JURISDICTION: the authority of the court to hear a case.
MOTION: a request to the court.
PENDENTE LITE: temporary arrangements for custody, child support, child visitation, alimony, us and possession of the family home, etc., until a final hearing.
PETITION: a legal paper that starts a case.
PLAINTIFF: the person who started the case.
PRO SE/PROPER PERSON: representing yourself in court without an attorney.
SUBPOENA: a form issued by the court requiring someone to appear in court and/or bring documents.
UNCONTESTED DIVORCE: when the defendant is not going to try to stop the divorce and there are no issues for the court to decide about the children, money, or property.
VENUE: the county where the case is heard.
WRIT OF SUMMONS: a form issued by the court directing a party to respond to a complaint, motion, or petition.

Bankruptcy is a proceeding in which a court administers the estate (the property and other assets) of a debtor for the benefit of creditors. A debtor (a person or business who owes money to others) may choose to file a bankruptcy proceeding to resolve a hopeless financial situation, or to stave off the collection of debts for a period of time to allow for financial reorganization. Individuals or businesses may file for bankruptcy. In some cases, a creditor (a person or business that is owed money) may force the filing of a bankruptcy proceeding, although these "involuntary" proceedings are very rare.

What Are the Kinds of Bankruptcy?
Federal bankruptcy law contains several different groups of provisions called "Chapters," governing specific types of bankruptcy proceedings.

• Chapter 7 (Straight Bankruptcy) proceedings involve the complete liquidation of the debtor’s estate.
• Chapter 9 - Municipal governments may also file for bankruptcy under Chapter 9.
• Chapter 11 (Business Bankruptcy) proceedings technically are also available to consumer debtors, although unlikely to be more advantageous than either a Chapter 7 or Chapter 13 proceeding.
• Chapter 12 (Family Farm Bankruptcy) governs family farm bankruptcies.
• Chapter 13 (Wage Earner Bankruptcy) permits the payment of debts pursuant to a repayment plan.

Chapter 7 is generally the simplest and quickest form of bankruptcy and is available to individuals, married couples, corporations and partnerships. A trustee (appointed by the court) sells some of your property and the profits are distributed to creditors according to federal law. Property that is “exempt”  isn’t available to pay the claims of creditors and you can keep it. Federal statutes and state laws determine what property is considered “exempt.” You can select the property to be exempted from statutory lists of exemptions available under state law. You get to keep exempt property for use in making a fresh start after bankruptcy.

You may get a discharge even while there are pending disputes as to whether specific debts should be paid. Whether a debt that is the subject of dispute will be discharged or not depends on the outcome of a hearing.

If you’re an individual or a sole proprietor, you can file a Chapter 13 bankruptcy to pay off all or part of your debts over three to five years. Rather than wiping out debts immediately, this option allows you to reorganize them so you have time to pay. Many people who file Chapter 13 bankruptcies have:

• Mortgages or other loans they would like to bring current, so they don’t lose their homes or other property
• Taxes, child support or student loans that can’t be wiped out by Chapter 7 bankruptcy
• Moral convictions that all debts should be paid no matter how long it takes

For a Chapter 13 bankruptcy, you’ll need a stable income with disposable income (income left over after you pay the bare necessities of life such as shelter, food and utilities). You must have no more than $807,750 in secured debt (debt involving property that your creditor might take if you don’t make your payments) and $269,250 in unsecured debt. The court filing fee is $160.