What is a Restraining Order or Protection Order?

493074197To file a request for a restraining order you must contact the district attorney’s office in your city or county. You can make your appeal directly if you prefer but you can also hire a criminal defense to file the necessary papers for you.

Before the restraining order can be issued you will have to provide evidence to support your claims. However, a sworn statement from the victim is usually sufficient to convince a judge to issue a temporary restraining order, which goes into effect immediately. After the accused person has been notified a courtroom hearing will be held to determine if the temporary restraining order should be upgraded to something more substantial.

During this hearing you will be asked to offer more substantial evidence to back up your claims of harassment or victimization. Acceptable forms of proof could include police statements, medical records, corroborating eyewitness or ear-witness testimony, video or audio recordings, evidence of damage to private property or written threats in the form of emails, text messages, social media posts or handwritten letters.

In order to have the restraining order extended you won’t have to prove “guilt beyond a reasonable doubt” as would be required in a conventional criminal case. The standard used here is called “the preponderance of the evidence,” which means you will have to persuade the judge that your allegations of abuse are more likely to be true than false.

If the judge finds in your favor the status of the restraining order will change from temporary to permanent. Despite the name a permanent order usually expires after a certain period of time, most likely from two to 10 years. However, should you have a change of heart you can have the restraining order lifted at any time.

Making the Law Work for You

There is of course no guarantee that a person subject to a restraining order will obey it. But once it has been issued, in either temporary or permanent form, it is the duty of the police to see that it is enforced. If the perpetrator violates the order you can have him or her arrested. Charges will be filed, a trial will be held and if your tormentor is found guilty a prison term may be the final result.

A restraining order is not a perfect solution. But if you have been victimized by a toxic person a restraining order can help restore your sense of security and give you at least some peace of mind.

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What You Need To Know About Slip And Fall Injury Lawsuits

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The term “slip and fall” refers to incidents where a person literally slips or falls on someone Else’s property. If the person is injured then this falls under a “premises liability” case and the property owner may be held legally responsible for that person’s injury.

Several Dangerous conditions such as torn carpets, wet floors, changes to flooring, poor lighting and narrow stairs may cause a person to slip, fall and become seriously injured. The same rules apply to someone that falls outside as a result of a cracked sidewalk or falls down a flight of stairs. There is one common denominator that separates a strong case from a weak one and that is the fact that the plaintiff must sustain an injury in order to be compensated.

There is no set way of determining who is responsible for your injuries if you slip and fall. The case is based on 2 important factors. The first is whether the owner of the property took precautions to make the environment safe and secondly, the court will look at whether you were reckless or careless in practicing precaution before you were injured. You must be able to prove that a dangerous condition brought about your injury and in order for the owner to be held liable, you must prove that the owner was aware of this hazardous condition and chose to do noting about it. The dangerous condition must pose an unreasonable risk to the plaintiff and they must be able to prove that they were not aware of the condition. So it must be something that people would not ordinarily look out for. The onus is also on the victim to prove that the owner of that the hazardous condition existed for such a lengthy period of time that the owner should have corrected it prior to the injury happening.

In some cases, with slip and fall injury lawsuits the court may find that the injury was caused by carelessness and lack of precaution on the plaintiffs side. In this case, the plaintiff has failed to bring adequate evidence to light in order for the court to find the owner guilty of negligence and premises liability.

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Anyone Can Pick The Right Lawyer With These Great Tips!

Wooden gavel and law bookLegal challenges can be overwhelming, no matter what the case is about or which side you’re on. By finding the right lawyer, you can somewhat ease your worries. Finding a good attorney is the best thing you can do, and this article will help you do that.

One thing to avoid is to run with the first attorney you talk to. Research wisely since there may be serious consequences for you if you don’t. Research all you can about the attorneys who interest you.

It’s a good idea to have a retainer lawyer in case of disaster. This gives you the time you need to prepare. A lawyer is always available to give you advice or represent you in any way.

Make sure you identify your problems and concerns before looking for a lawyer. First you must think about if you’re really in need of a lawyer. If you have a lawsuit already on the books, need to get a divorce or have been accused of something criminal, you will need legal representation. Even if your need is not related to these subjects, you may still require an attorney’s assistance about a financial or business matter.

When searching for a lawyer who specializes in business, try getting recommendations from businesses. This sort of company provides services to the cream of the crop among legal types. Perhaps they can help you. For example, talk to bankers or accountants if you are looking for a small business lawyer. Such individuals often deal with lawyers and may have some useful insights to share.

Check to see the success rate of your prospective lawyers. The fact that a lawyer advertises that his specialty is arguing cases like yours will not guarantee he will win your case. If this information is not available online, the lawyer should provide it for you.

You are now better equipped to deal with the entire legal process. It’s important to find the right lawyer first. If you have a good lawyer, your matter will go much more smoothly.

Things You Need To Know Before You File Personal Bankruptcy

162947253 (1)When filing for bankruptcy, it is best not take the process lightly! You need to know all the possible consequences of making this decision. The information below can guide you. Whatever your particular difficult situation entails, you can learn how to handle it with a little research.

Do not attempt to pay your taxes with your credit cards and subsequently file for bankruptcy. In most states, this is not dischargeable debt. Therefore, you will end up owing the IRS a lot of money. If the tax has the ability to be eliminated, the debt can be too. This means using a credit card is not necessary, when it will just be discharged.

When you feel certain that you must file for personal bankruptcy, refrain from squandering your life savings to pay off unsecured debt. Avoid ever touching retirement funds until you have no other choice. While you may have to use a part of your savings, never completely wipe it out which would only leave you in worse financial shape in the future.

It is important to remind your lawyer of any details that may be important to your case. Never assume that they can remember all details without reminders. Remember that you’re the boss. You’re paying your lawyer, so you should not be afraid to have your say. After all, the quality of your life hangs in the balance.

Instead of getting your lawyer from the yellow pages or on the Internet, try your hardest to find one with a personal recommendation. There are lots of unsavory companies and lawyers out there who prey on people who are in desperate straits. It is up to you to find someone that is trustworthy and can make the process go smoothly.

After reading this article, you will know how to file a claim bankruptcy. Don’t let the amount of information overwhelm you! Think about the tips included above. When you think things through, you make good decisions in life.

Lawyers Can Do A Lot For You

SO001506Most people do not have much experience with attorneys, so if finding a good one becomes necessary they may not know where to begin. There are many good and honest lawyers available to represent you. The information in this article will help you know for sure you have found the right one.

Ask for a free consultation. Many lawyers will offer a free consultation, so you can have your questions answered. During the consultation, you can also see if you are comfortable with that lawyer. Always go to more than one free consultation so you have a good mix of lawyers to choose from.

Find out all that you can about lawyers that you are interested in. What sorts of legal organizations do they belong to, for example? Bar organizations often help to keep their members informed of the very lastest in legal news. You want a lawyer who stays abreast of current legal trends!

If you believe that you might have a legal case it is a good idea to seek a legal consult before pursuing any action. Many law firms offer a free consultation so make sure that you take advantage of this. This allows you to try out a couple different law firms before deciding on a lawyer.

A good tip if you’re looking to hire a lawyer is to try to find the right lawyer for the task you need. If you’re simply wanting to draw up a contract, hiring a big shot, corporate lawyer is probably overkill and is just going to cost you a lot more.

There are some cases where you can represent yourself without an attorney, but most of the time you should get one. There are many things that a layman does not understand about the law, which is why you should hire a lawyer. You don’t want to lose your case due to a lack of common legal knowledge when you could have hired someone.

If you have been in an accident, do not hire any lawyer that comes to you and tries to solicit your business. This is not only unethical, but it is against the law. You do not want to hire anyone to handle your legal case if you have to worry about their legal ethics.

There are sure to be questions in your mind when you search for the right attorney to represent your case. There are some basic steps you should follow when searching for good legal representation. The valuable tips listed this article will help to get you started in the right direction.

Beneficial Information To Help Find Your Lawyer

78724295Finding yourself in need of a lawyer can be a confusing, scary and uncertain experience. But, if you take the time to acquaint yourself with the work lawyers do and the ways in which you can identify those most qualified to help with your specific issue, it is possible to remove much of the fear. The article below includes useful tips to help you accomplish that goal.

Find out all that you can about lawyers that you are interested in. What sorts of legal organizations do they belong to, for example? Bar organizations often help to keep their members informed of the very lastest in legal news. You want a lawyer who stays abreast of current legal trends!

A good tip if you’re thinking about hiring a lawyer is to listen to your gut when it comes down to whether or not you’re going to hire that person. Your lawyer is going to represent you in court, so if your lawyer seems unscrupulous, it’s going to fall back on you.

Don’t just pick the first lawyer you find on the Internet. It is tempting to think lawyers all do the same thing, but they can vary in quality and expertise. Ask friends if they know a good lawyer and what he represented them for. Be picky when choosing legal help.

If a lawyer tries too hard to convince you that your case is easy to win or that you can make a fortune by filing a lawsuit, you should not hire them. A good lawyer should be honest and carefully assess your situation before encouraging you to file a lawsuit.

When you need a lawyer, you are likely undergoing a wide range of emotions, including worry, dread and perhaps annoyance. Fortunately, if you possess a bit of basic knowledge about the legal profession and how to make working with a lawyer a beneficial experience, things do not need to be so bleak. The information found above should serve as a useful resource now and into the future.

If You Need A Lawyer Read This Advice

121900788Despite the fact that our judicial system was set up for the benefit of the common people, no common person can really understand it! That’s when the assistance of an attorney proves invaluable. No matter what your reasons for needing the services for a lawyer are, the following article can help guide you through the ordeal.

If you have been accused in a major crime, you need to find a lawyer immediately. Be sure that you’re not trying to take on the case yourself, because you could end up being convicted of a crime. A lawyer has the right experience to help you in your situation.

Real estate lawyers can be a real asset when dealing with real estate issues. They’ll get the case done and over with quickly and positively.

A general practitioner is not always your best option. You might have a good lawyer you trust, but do not hesitate to hire a specialized lawyer if you need help with an issue your lawyer has no experience with. Do not hesitate to ask your usual lawyer for a referral.

It is important that the lawyer you hire is one who is experienced on the field you need help with. For instance, if you need a lawyer for a divorce, it would not be wise to hire a lawyer specializing in taxes. When you hire a lawyer familiar with the problem, you need help with, you have a better chance of positive results.

When you pick a lawyer, thoroughly look at their reputation. Looking at online reviews and the state bar association can help you see if you should choose a certain lawyer or not. This can end up saving you lots of time, money and aggravation down the road.

A good tip to remember if you’re working with a completely incompetent lawyer is to consider reporting them to the bar association. The bar association has the responsibility to punish lawyers. If your lawyer has stolen from you, committed a crime or something along those lines, you’ll want to report them to the bar association.

The legal system is supposed to serve the people, yet most of us can’t even understand the jargon used by a judge. Hiring a good lawyer is the most important part of your legal ordeal and hopefully, you have found the answers you needed within this article. A great attorney is worth his weight in gold!

You Came To The Right Place If You’re Seeking A Lawyer

85449434Love them or hate them, lawyers are in many ways, a necessary part of life for countless individuals. The key to dealing successfully with lawyers is to take the time to educate yourself about what they can do for you and how you can make sure you get the services you desire. Keep reading for some terrific tips on doing just that.

Do not hire a lawyer without doing some background research. Look their name up on the Internet and talk to friends or relatives who might know the lawyer you are interested in. It is always in your best interest to choose a lawyer with an excellent reputation and good ethics.

It is important to discuss fees with your lawyer up front, before signing any contracts with them. Find out the fee structure that they use to make sure that you can afford their services. If it is out of your price range, then you can look around for a more affordable lawyer.

Make a log of each interaction that you make with a lawyer. Write down any pertinent information like date and time, what was said, and how much the session will cost. This will help you handle any disagreement about charges that may appear later.

Know any fees and costs before signing anything. Remember, it’s your job to ask questions in regard to the costs. Ask every question you can think of, and look through every document you are given. Your lawyer is not responsible for you being quick on the draw when it comes to signing official paperwork.

Lots of people dread the idea of seeking and hiring a lawyer, even for the simplest personal or business tasks. However, if you acquire a thorough understanding of what lawyers do and how you can determine which one is right for you, the relationship can actually be extremely beneficial. Hopefully the advice found above has provided a strong foundation for you to use going forward.