Hiring family law attorneys is needed whenever situations arise that require legal documentation or litigation. Some of the more common tasks include establishing guardianship for minor aged children, legal name changes, adoption, and child support.
Certain situations necessitate working with family law attorneys for a long period of time. This might include international adoptions or divorce. Under these circumstances, it is advisable to consult with multiple law firms to locate a lawyer whom you are comfortable with.
Complex legal issues can be difficult to deal with, so it is helpful to seek help from legal professionals who dedicate time and attention to the case. It's also important to locate attorneys experienced with the specific type of case.
As an example, couples who plan to adopt children outside of the U.S. should get help from family law firms who have experience in international adoptions. Another example is couples who are getting a divorce will need to get legal help to arrange child support and alimony payments.
Sadly, divorce is a primary reason for hiring an attorney. Legal help is required to abide by state child support rules, establish child custody, and file divorce papers with the court. Divorcing couples also need help to determine equitable distribution of jointly-owned assets and to arrange agreements which do not require a court appearance.
Few people will disagree that divorce cases are often the most emotional. This is due to the fact that divorce can bring about a tremendous amount of anger and frustration; especially when children are involved.
When cases involve spousal abuse there is a sense of urgency which often necessitates obtaining protective orders. In many instances, people need help removing children from neglectful or harmful situations.
Dire situations rarely allow individuals time to shop around for a lawyer. In these cases, people can obtain referrals from the state prosecutor's office or through the American Bar Association.
On the flip side, people often employ attorneys to prepare prenuptial agreements. Individuals who own a substantial amount of assets opt to protect them in the event their upcoming marriage results in divorce.
Prenuptial agreements can be tricky to arrange, so it's important to work with professionals who can present the pros and cons of this type of contract. Oftentimes, prenuptials create additional problems if divorce occurs and can prolong settlement proceedings. It is imperative for these contracts to be ironclad from the start to prevent problems later on.
Lastly, people often hire family law firms to help settle probate estates. Probate is the legal process used to close decedent estates. The process can be simplified by writing a last will and testament and identifying beneficiaries to receive inheritance property. If a Will is not presented to probate court, the estate is settled in accordance with state law.
It's never easy to settle a loved one's estate, especially during the grieving process. Engaging in estate planning can make things easier for family members and can go a long way in avoiding disputes over inheritance property.
It should be noted that it can be more expensive to hire a law firm that specializes in a specific type of law, such as international adoption. Most often, family law lawyers can provide services at a lower rate than those who work in one specific field.
Regardless of the type of legal case, it is always advisable to shop around for the most suitable law firm. Look for family law attorneys who possess experience and have an excellent track record. Also, seek out legal professionals who provide guidance and put you at ease.
Speaking having a family law attorney can be an arduous choice to produce. But even tougher is realizing whom to hire if legal information will be necessary. Lots of folks feel dire and employ the very first family law attorney they see from the Yellow Pages. When some folks get lucky doing it like this, it is more likely that folks eventually become disappointed and extremely dissatisfied with the last end result. This frustration and ignorance could be completely avoided by knowing how to pick the best family law attorney to assist.
The relationship between the lawyer and the customer is an individual one as most family law cases are very sensitive and delicate in nature. These cases deal with marriages and/or children, therefore it's exceedingly private. When someone isn't comfortable speaking about these highly personal things with an lawyer, find a fresh person. It is okay to be more selective. The lawyer needs to hear and provide an atmosphere of confidence they're competent and able to properly stand for.
Once a person needs to own a medical procedure done, they go to an expert, not a general practitioner. The exact same goes regarding attorneys. While some lawyer might say that they are competent enough to manage a divorce or custody case, it's crucial to locate a lawyer which does nothing but family law. This implies that they understand the"ins and outs" of their law in this area and so are updated on all new laws and regulations. When choosing legal counsel, men and women need to require the lawyer the number of scenarios they managed like their if they are a portion of the family law section of the nation bar association, and if they've practiced family law in a specific county.
The correct family lawyer will produce the time to get the client. If they appear to be too occupied to supply 100 percent of these attention to the case, find a fresh lawyer. To figure out about their commitment to this case, ask them questions such as how many cases they are actively involved using right now, their plan about returning mails and calls, and also often they communicate with customers.
Many men and women think that they need a shark in the court the moment it comes to loved ones legislation instances, however often times the peacemaker is your very best family law attorney. Individuals need to want an attorney that will repay the battle without needing to see a courtroom. People should think about it as this, the longer the fight continues, the more money the attorney is likely to make. A shark will to build more battle, which makes it more difficult to settle in an agreement. Do not underrate civility.
The previous thing to take into consideration when choosing the ideal attorney is the fee. Even though this can appear to be an embarrassing topic, it's indispensable to talk about charges. The commission agreement has to take writing and present details regarding representation that the lawyer will give you. Ask questions such as for instance to what is your hourly rate rate, how frequently are invoices acquired, what billable charges are to many others which may work on the scenario, and also just how exactly to keep prices to a minimum.
Family law is that the branch of regulation which copes with all maters associated with family unit and different domestic relations such as surrogacy and adoption, domestic partnerships, civil unions, union, divorce, child abductionand child abuse matters, child neglect, child maintenance, baby adoption, paternity instances, kid visitation rights, custody, alimony, division of family property, etc..
All judges on earth have claimed growth in family regulation as parties divorce, and adopt kiddies, contest paternity suits, etc..
As stated by family law attorneys, this branch of legislation is different from one other branches as it rolls on sensitive and painful private things. Some times, the household lawyers behave as advisers, mediators, conciliators, negotiators, etc.. The judges who adjudicate on family law issues some times also behave mediators as they try to reconcile members of exactly the exact same family members to address their problems is amicably so as to keep their relationship.
The compound with this type of law fluctuates by one jurisdiction into the other because the fundamentals that precede it are largely borrowed by your society. For instance, in societies at which samesex relationships are not approved, this kind of regulation requires that such marriage cannot be recognized as union in courts of lawenforcement.
Like all the other branches of law, family law has experienced several transformations in an attempt to tackle the issues that are senile in family members. For instance, most societies have attempted to legalize'appear we remain' relationships in case the events included live jointly for some period of time.
One if the very common modern trends in family law would be your collaborative legislation that refers to coordinated approach which gives parties searching parties or divorces included with different disputes instead an alternative titles of resolving the dispute as an alternative to a going throughout the expensive, protracted litigation process . Collaborative regulation makes it possible for the functions to marriage or suggested civil union to select the control of their destiny by selecting family lawyers devoted to the process of resolving disputes in family and associations within family placing amicably through negotiations and discussions without the courts involved.
The reason modern family law prohibits the functions from going to trial is that courts decision possess win-lose perspective. The courtroom lawsuit is also complex, and as is the case with all matters of legislation would be expensive and might take a while to solve the matters.
In collaborative family law, disputes involving relatives can be depended so as to make sure their partnership as family is maintained. The senior family attorneys agree they won't represent their various functions in courtroom litigation should either party makes the decision to go to court. In the authorities where continues to be employed, collaborative family law has attained good effects from the solution of family disputes. In a few cases, it's successfully reconciled parties who'd likewise have experienced the thing been decided from the judges.
Collaborative family law isn't only advantageous in holding together family members but also significantly less demanding to your family members. It ensures speedy, amicable resolution of disputes over your family.
There are numerous explanations for why families could have to attend court. No matter the reason behind attending a family , the family will often need to work with a Family Law Firm. It's made up of attorneys who are aware of the Family laws in place in the UK and will hence make you aware of one's rights and obligations and also pursue that you have use of these rights.
This is a legal action that transfers the parental responsibility for a child from 1 family to the other. The parental responsibility attained after the move is permanent and comprises the adoption of stepchildren. This is among the legal issues that a family group Law Company can help with.
When a couple makes the decision to apply for civil purpose dissolution, separation or divorce, they will make the arrangements with a household Law Firm. It also administers the court proceeding after a separation that involves the residency and custody of any kids.
Social Services can also ask relatives to issue emergency protection requests, maintenance orders supervision order and also secure accommodation orders, even should they feel it is at the child's attention . Family lawyers can be associated with such cases.
In addition, it has solicitors that counsel their customers on post and legal nuptial agreements. They can also provide advice on cohabitation disputes or agreements, international family law, issues related to unmarried same sex spouses, annulments, family businesses or trusts, ancillary support, pension sharing, child abduction and parental relocation abroad, domestic violence and harassment, mediation, compromise agreements, statement of trusts, permanent powers of attorney, deputy ship applications, bigamy, induce marriage, engagements, non unions that are valid, along with collaborative law. They can also treat health issues such as use of health records, confidentiality, evaluation and treatment, organ involvement, registration with a GP, the best to die, the best to hospital treatment and also the right to refuse treatment. Family attorneys can also assist with assist with locating lodging when forced to leave home or due to other exceptional circumstances.
Family Law Firms have strong and experience networks of specialist family attorneys that cover a vast gamut of relationship and family matters. They supply results to customers by providing support and understanding by offering solutions that are practical. Family Law Firms also know when to take appropriate actions.
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Work and family constitute a major part of the common person's life. When it comes to legal issues, it stands to reason that family law issues would be among the most frequently encountered problems, and people often need assistance, insight and guidance. It is no wonder that these are the most commonly asked questions of experts on question-and-answer sites. Here are some of the most commonly asked family law questions.
Questions about Harassment
Harassment can either be physical or mental, direct or indirect. Each type of harassment has its own legal implications. Regardless of whether the harassment is physical or verbal, real world or online, it is usually against the law. Harassment can also be in the form of stalking, which can be a civil as well as a criminal offense depending on your state of residence.
Questions about caregivers' rights
Being a caregiver is often a thankless job. It can have legal implications if you are not legally the guardian of the person you are caring for, if you are caring for the person's monetary assets, or if the person is not proven to be fully incompetent. The legal rights and limitations of a caregiver under each of the above scenarios can lead to a number of important questions.
Questions about Runaways
The laws regarding runaway children vary from state to state. In most cases, reporting a child as a runaway is considered valid if the child is 16 years or younger. Once the child is 17 years or older, the laws can change altogether. The child's age and state of residence can have a bearing on whether the child is legally allowed to leave or considered a runaway. Some of the common questions people have regarding runaways are: At what age is a child a runaway? When can you report a runaway? Is it a violation of family law if you shelter a runaway? There are no simple answers to these questions. Being aware of the statutory provisions of your state regarding runaways is the only way to be sure.
Questions about Adultery and Infidelity
Adultery is considered a crime in some states while other states consider it a misdemeanor. Depending on where you live, the law and implications of adultery can vary. Issues regarding adultery are never simple and usually have nuances that can lead to many questions. The most common among them are: What constitutes adultery? What is the fine for adultery? Can adultery result in incarceration?
Questions about Divorce due to Adultery
Whether adultery and infidelity can be used against someone in a divorce case depends on the state. The law in each state varies. Courts also consider whether there are children involved or not, and the ruling can vary based on these and many other considerations.
Family law spans many issues and aspects of family and inter-personal relationships. The implications of family law can raise many questions. Being aware of the provisions of family law in your state and in your situation is the only way to stay on the right side of the law.
Many family law Perth solicitors deal with different types of laws regarding family issues. They deal with child support, alimony payments, wills and dispersing family properties. Many people will need the help of a solicitor at some point in their lives and solicitors that work with family law can work better than solicitors that deal with criminal or corporate laws. For someone that needs a family law solicitor, the Perth area has many solicitors to look through before deciding which one can help you. You need to find one that specializes in what your needs require.
If your situation requires that, you have a solicitor in family law, Perth solicitors can help. If you have a child support issue or an alimony issue, the solicitor will do all the necessary work to prepare your case before going in front of the court. They will document all conversations and work with you until the issues are resolved. The court process for alimony and support can take some time, but they will always be there to answer any questions or add any information to your case. Once you have a solicitor, you will be advised not to talk to anybody else but your solicitor about the ongoing case.
Family law, Perth courts as well as how the system works is hard for people with no law experience to understand. The solicitors have all the knowledge needed to win a case or at least try to win a case for their clients. Sometimes more research and information may require added expenses on the solicitor's part, but if it something that you need to prove your case, you need to consider doing everything needed. Family law can also deal with make out a will. The solicitor and the client do this.
In family law, Perth solicitors will hold the original copy of the will until a client passes. When the client passes away, the family law solicitor will then have a reading of the will for all persons named in said will. The solicitor appoints a guardian of the estate and relies on that person to supply any necessary information.
The family law, Perth solicitor does also practice other issues dealing with the family. The main concern of the solicitor is to look out for the client's best interest and make sure others or the court does not take them advantage of them. They are always looking out for then client.
Family law is a collection of law that includes a wide cluster of issues identified with family and household matters. A man looked with a family or household law issue may feel pressure as a result of it's frequently perplexing nature. There are lawyers that practice and practice essentially around there of law.
Attorneys can manage numerous issues that include family and household related issues. Family law tends to marriage, common associations and even local organizations. Different issues that fall under the collection of family law incorporate appropriation, authenticity, surrogacy, spousal maltreatment, kid misuse, and kid reception. Family law further envelops matters, for example, separate, property settlements, cancellation, divorce settlement, and parental obligation (tyke bolster, youngster care/appearance, and provision).
Numerous lawyers limit their routine with regards to law to the region concentrating on family matters. Numerous family lawyers get extra instruction and accreditation in the wake of producing passing results for the law student review. These lawyers can move toward becoming board guaranteed to rehearse in family law.
While picking the correct family lawyers you have a wide range of choices to enable you to discover and select an accomplished lawyer. One approach to find legitimate family law lawyers is to utilize the lawyer referral benefit through the state or city bar affiliation. The lawyer referral benefit through the bar affiliation will give you various qualified lawyers on favorable terms.
Referrals from relatives, companions, neighbors or associates are likewise to a great degree valuable in finding family law lawyers. This sort of referral is valuable since it will enable you to pick a lawyer dependent on information from somebody who has experienced an affair that might be like your circumstance. It will likewise enable you to assess the lawyer dependent on their portrayal of a real customer.
When you have chosen somewhere around three of four potential family law lawyers you would then be able to plan for you introductory conference. The underlying interview not just gives you the chance to examine your issue however to likewise assess the lawyer. You will need to concentrate on key markers, for example, how well the lawyer painstakingly focuses while you are talking about your particular family issues.
Another essential marker to concentrate on will be the reaction of the lawyer after you go over the actualities of your case. A decent lawyer will clarify the law as it identifies with your circumstance so you can comprehend and make extra inquiries if fundamental. A lawyer that utilizes legitimate language and does not obviously clarify the law is one you might not have any desire to hold as this demonstrates their absence of aptitude when working with a customer.
Beginning interviews with lawyers will likewise cover retainers, expense understandings, and other important data. Continuously be set up to give documentation that identifies with and bolsters your position and your case. Concerning the retainer and charge assention you will need to deliberately peruse and make inquiries with the goal that you comprehend what understanding you will go into in the event that you choose to enlist the lawyer.
When managing a family law matter you will need to take you time in picking a lawyer. Family legal advisors prescribe that planned customers set aside some opportunity to ponder their underlying discussion before making a determination.
Speaking with a family law attorney is a tough decision to make. But even tougher is knowing whom to hire when legal advice is needed. Many people feel desperate and hire the first family law attorney they find in the Yellow Pages. While some people get lucky doing it like this, it is more likely that individuals become frustrated and extremely dissatisfied with the final outcome. This dissatisfaction and frustration can be completely avoided by knowing how to choose the right family law attorney to help.
The relationship between the attorney and the client is a personal one as most family law cases are very delicate and sensitive in nature. These cases deal with marriages and/or children, so it is extremely personal. If an individual is not comfortable speaking about these highly personal matters with an attorney, look for a new one. It is okay to be selective. The attorney needs to listen and provide a feeling of confidence that they are competent and able to properly represent.
When an individual needs to have a surgical procedure done, they go to a specialist, not a general practitioner. The same is true about attorneys. While any attorney may state that they are competent enough to handle a divorce or child custody case, it is essential to locate an attorney that does nothing but family law. This ensures they know the "ins and outs" of the law in this field and are up to date on all new laws and regulations. When selecting an attorney, individuals should ask the attorney how many cases they handled similar to their own, if they are a member of the family law section of the state bar association, and if they have practiced family law in a specific county.
The right family attorney will make the time for the client. If they seem too busy to provide 100 percent of their attention to the case, look for a new attorney. To find out about their commitment to the case, ask them questions such as how many cases they are actively involved with right now, their policy regarding returning emails and phone calls, and how often they communicate with clients.
Many people think they need a shark in the courtroom when it comes to family law cases, but often times the peacemaker is the best family law attorney. Individuals should want an attorney that will settle the conflict without it having to see a courtroom. People should think about it like this, the longer the fight goes on, the more money the attorney will make. A shark tends to create further conflict, making it longer to settle on an agreement. Do not underrate civility.
The last item to think about when choosing the right attorney is their fee. While this may seem like an uncomfortable topic, it is vital to discuss fees. The fee agreement needs to be in writing and provide details as to the representation the attorney will provide. Ask questions such as what is the hourly rate, how often are invoices received, what billable rates are for others that may work on the case, and how to keep fees to a minimum.
The term 'domestic abuse' as opposed to 'domestic violence' is meant to encompass the wider forms of suffering over and above physical injuries which women (and men) are exposed to from partners. Many people are in 'unhealthy' relationships; that does not necessarily equate to being involved in an abusive relationship but confusion may occur if the definition of this crime is broadened. Would 'domestic abuse' rather 'domestic violence' mean the criminalisation of bad relationships and remove focus from the true nature of this crime? Is it simple semantics or would broadening definitions from 'domestic violence' to 'domestic abuse' encourage changes in society's perception of domestic violence and who precisely is likely to be involved?
According to the dictionary, abuse is "v. 1. use to bad effect or for a bad purpose 2. treat with cruelty or violence 3. address in an insulting and offensive way" whilst violence is: "n. 1. behaviour involving physical force intended to hurt, damage or kill 2. strength of emotion or of a destructive natural force" Being offensive and cruel can, however, cause harm - particularly if there is a physical element implied or if there is a history of physical harm following on from, or alongside, verbal insults. There are interesting subdivisions of both the terms 'abuse' and 'violence'. For example, in research undertaken by the Home Office, definitions of domestic violence were dependent on victims' interpretations. If various agencies use different terms, how it is possible to specify what is, or is not, unacceptable behaviour and thus whether such behaviour constitutes a criminal offense.
So what is domestic violence? In essence, it is where a current or former partner causes physical or emotional harm or injury to the other; where one partner is forced, either physically or emotionally, to submit to the will of the other (whether the perpetrator is male and victim female, or vice versa, or both partners are of the same gender). Whilst many may consider domestic violence to consist of physical assaults by a husband upon their wife, this is not an exclusive definition. Aside from physical assaults, there are emotional, financial and social constraints placed by one partner upon the other and this can be a particular problem if one partner is the only working adult or if he or she earns substantially more than their partner. Emotional abuse can be where one partner constantly makes derogatory remarks, belittling achievements and physical appearance; social constraints can include manipulation of one's movements with constant questions about where someone is going. Verbal assaults can almost cause as much fear as physical assaults; this is especially so when assaults of any kind are directed not only towards the primary victim (i.e. partner/ex-partner) but also towards children, pets or other loved ones. Further, if verbal assaults or threats are often followed by physical assaults, victimisation occurs on another level as the apprehension of a physical attack can be as traumatic as the assault itself.
The Home Office itself defines domestic violence as: "Any violence between current or former partners in an intimate relationship, wherever and whenever the violence occurs...[it] may include physical, sexual, emotional or financial abuse". This may, however, be purely to obtain specific information on victims rather than any legally or obligatory definition to be used in strict interpretation by agencies (including criminal justice agencies). Given that it interchanges violence and abuse, confusion may occur, and it broadens further its definition in a leaflet against domestic violence. The leaflet describes the more obvious of 'punching' and 'kicking' to the more debatable 'telling you that you're ugly', 'telling you what to wear', 'calling you a failure' and 'shouting'. These latter phrases and definitions are so broad they may in fact undermine their purpose. Pragmatic interpretations may be obvious to policymakers, academics and researchers and perhaps even the police (in that the derogatory comments and shouting are part of a pattern of abusive behaviour, rather than when used in an isolated incident) but leaflets and campaigns seen by the wider public may result in the meaning being lost. This is because, during arguments and disagreements - in various relationships - shouting and making derogatory remarks can be quite common and the intent behind the remarks may be less sinister than when used in conjunction with, or as a build up to, actual intended harm (whether physical or not).
Definitions can be misunderstood in other contexts as well. What happens when bad relationships becomes verbally abusive; when a couple shout insults at each other - perhaps frequently and with both parties being culpable - is this domestic abuse? Could the potential for a physical or verbal 'assault' on either party mean that police (or other agency) intervention is required or necessary? Arguments, discussions (heated or otherwise) and even occasional 'outbursts' may help to resolve issues; releasing tension and may make relationships healthier and stronger. What happens if neighbours contact the police concerned due to the volume of arguments: would domestic 'abuse', rather than domestic 'violence', mean that police attendance is mandatory for a simple argument? Are all relationships which encounter rough periods of time to be subject to monitoring, intervention and even prosecution? This is obviously not what is anticipated when domestic abuse was utilised as a term over and above domestic violence; nonetheless, definitions/terminology (and any interpretation thereof) remain subjective, even if guidelines are in place.
Perhaps one of the main problems with terminology is the method in which it creates confusion, misunderstanding and even apathy among agencies - and society as a whole - towards the crime of domestic violence itself. Is domestic violence a crime only if there is physical violence? Is it a crime if a husband shouts so loud that neighbours can hear him make derogatory comments towards his wife - perhaps not hearing her response because of the lower volume; does this constitute domestic abuse even if no violence occurs? Certainly this seems to be the implication in an extract of the Report of the Select Committee on Marital Violence (1975) from the Metropolitan Police: "...general principle of police...not to intervene in a situation...between husband and wife...in which the wife had suffered some personal attack, any assault upon a wife by her husband which amount to physical injury of a serious nature is a criminal offence...". Here, the emphasis is on the physical injuries - though English law states that assault is the fear of physical harm rather than actual physical harm. This is known as a 'technical assault' whereby "the defendant intentionally or recklessly causes the victim to apprehend imminent force". Psychological trauma can be suffered by the constant threat of physical harm as well as any physical injuries however; for such suffering, the Protection From Harassment Act 1997 may be utilised, though the conduct 'causing fear' must occur on at least two occasions (ss.1-3). Government publications use the term 'domestic violence' and 'domestic abuse' interchangeably - if the Government do not know the difference, how can anyone else?
One reason for the change in term from violence to abuse is that it may avoid the implication that only physical assault is criminal whereas 'abuse' suggests a variety of conduct used by partners. A broader term may help victims understand their partners' actions are not acceptable. Problems may arise when boundaries of terminology and interpretation become blurred. Would a man be more likely to be targeted than his female partner if both technically committed the crime of 'domestic abuse' because of gender perception (i.e. that females in the relationship are more likely to be the victim than perpetrator, or that females are less likely to cause physical harm towards male partner)? Domestic violence may well be too narrow a term and restrict what people perceive to be a criminal offence and worth reporting. The approaches of various agencies in various locations may also make a difference; if a police force responds positively towards victims, if they are proactive in their dealings of domestic incidents because of a broader term of 'abuse' then utilisation of such terms may be justified. A more reflective interpretation of domestic abuse may result in police intervention earlier in situations which may otherwise be left until consequences are dire for both victims and their families.
The Scottish Executive has settled on 'Domestic Abuse' when discussing domestic violence throughout its policies and campaigns. Though it is difficult to find the reasons behind the decision, it was agreed in September 1999 to create the definition. In 1998, the Scottish Partnership on Domestic Abuse was set up and a National Strategy created to ensure women have access to the necessary agencies, assistance, etc.
In 2001, the Protection from Abuse (Scotland) Act was introduced and the definition therein states: 'abuse' includes violence, harassment, threatening conduct and any other conduct giving rise, or likely to give rise, to physical or mental injury, fear, alarm or distress'. A draft National Strategy was produced in October 2002: key elements included public awareness raising; education; training; services for women and children; work with men who use violence; legislation; and workplace strategies. The Strategy has produced various campaigns aimed at both perpetrators and victims but also indicates that neighbours, friends and others ought to be aware of domestic abuse and not to ignore the signs. The first of these campaigns began in 1995 and it was aimed at the perpetrators - shown specifically during programmes the majority of men would be likely to see (i.e. rugby and football world cups). For some people, however, it is not just a matter of terminology and interpretation; victims' and perpetrators' culture may mean that they do not see their situation as being the business of any outside agents.
Even internationally, communities rarely intervene for a country's inadequate and antiquated domestic criminal justice policies and even then, it is usually because the victim(s) originated from a western country (i.e. Britain/USA) or because of pressure from media and/or celebrity sources. For some countries, crimes such as domestic violence may be interpreted as minor infractions, but in the UK and other countries, such relationships may be abusive or implicitly violent. Each culture has specific interpretations of what is domestic violence; for example, Sokoloff and Dupont studied experiences of Japanese women's understanding of domestic violence: overturning a dining table, or pouring liquid over a woman is more significant to them than slapping or pushing. Sokoloff and Dupont correctly believe that, over and above the social constraints in place for some women to report abuse or abusive relationships, there may well be cultural constraints which further isolate women and enhance their victimisation. Further, should women from traditional insular communities reside in western society, they may be unwilling or unable to report domestic violence due to language barriers, fear of reprisals not only from their partners, but their own communities. This will be enhanced if the victim and/or her partner are illegal immigrants; not only would she bring authorities' attention to her own immigration status, she may also raise awareness of a community previously unknown to authorities.
For the UK, the levels of control over a spouse/partner by perpetrators within the immigrant community (whether legal or otherwise) may be even more acute due to language, cultural and community barriers and restricted access to support agencies. Home Office research on the provision of 'advocacy services' to black and other ethnic minority women shows that problems can arise where and when women are uncertain as to their legal rights and what facilities are available to them and that multi-agency support and co-operation is essential in tackling domestic violence in such communities. In some cultures, victims and perpetrators may accept violence and/or abuse and may not believe such behaviour is wrong, let alone illegal. Even if the victim and/or perpetrator recognises that domestic violence/abuse is unacceptable, their country of origin may be unwilling to prosecute the perpetrator and protect the victim; what then for those who seek asylum? For those in England, the Law Lords have ruled that they may well be protected under the Geneva Convention - and thus attain the rights as refugees and gain protection of the English legal system and remain indefinitely.
Other problems prevail when using terminology or definitions which limit the ability of objective interpretation particularly by the police. As Edwards discusses in her book 'Policing Domestic Violence', the charity Violence Against Women puts forward the view that: "...police response...judgemental attitudes to the behaviour of women victims which they may consider contributory...the woman is 'nagging', 'hysterical', or a 'sluttish housewife'." Edwards further refers to Stanko who found that: "Decisions to arrest....charge a suspect with 'disorderly conduct' rather than assault...all affect how men's threatening or violent behaviour comes to be defined as criminal or non-criminal". Edwards refers to research by Chatterton who found one reason for the lack of police intervention is down to "...[a police officer's] decision not to arrest by referring to the moral characteristics of the father...counterposed against the mother who kept a slovenly home and was difficult and 'mouthy' ". Thus, the drunken husband or partner who is abusive towards the police is more likely to be arrested and charged as a domestic violent offender than the husband or partner who is calm, collected and uses manipulation more than violence to abuse his spouse, or who is considered to have been provoked by a horrid wife. Sympathy for the victim only occurs apparently when she fits the stereotype of weak and blameless wife or partner. Another factor may also be the victim's appearance, i.e. would the more attractive woman be deemed helpless and thus gain higher levels of sympathy and ultimately intervention by the police.
Terminology and definitions can cause problems in other legal settings as well. In court, lawyers and judges may refer to the legally defined terms whilst victims, witnesses and even jurors may have an alternative understanding of the issues in contention. If the abusive behaviour in question is not physical, any reference to 'domestic violence' may be confusing as violence may be interpreted to mean physical injuries sustained. If no physical injuries were suffered, confusion may exist and wrong interpretations may lead to a different verdict had clarification been obtained. Alternatively, if 'domestic abuse' is referred to by lawyers, when there is obvious physical injury to the victim, there may be confusion as to what other actions are implied but not specified. Confusion may be exacerbated when the terms are used interchangeably and clarity is most definitely required when women defend themselves to the degree that their abuser dies and they are charged with murder and their defence is based on a history of abusive behaviour from their [now dead] partner. In such cases of 'Battered Wife Syndrome' there may also be ambiguity in relation to the problem of terminology: syndrome implies a medical nature behind a legal definition often used in defences against murder charges.
The term 'domestic abuse' over 'domestic violence' may broaden the scope and it may result in police officers interpreting the offence on a wider scale so including incidents which have not become physically violent, but are nonetheless harmful to the victim. With some incidents of domestic violence actually having little physical violence but with the victim feeling continually threatened, isolated and fearful that it could become violent, or that she (or he) is being manipulated in such a way that disables them from leaving, domestic abuse may help the police understand that intervention in such circumstances is not only acceptable but necessary. The Scottish Executive's terminology and definition makes such an interpretation: "...can include physical abuse (assault and physical attack)...sexual abuse (acts which degrade and humiliate...perpetrated against their will...mental and emotional abuse (such as threats, verbal abuse, withholding money and other types of controlling behaviour such as isolation from family or friends)". This gives a clear indication of the types of unacceptable and thus criminal behaviour which would constitute an offence making police intervention justified. Of course, others may need assistance in comprehending new terminology and definitions: neighbours, teachers (many children witness domestic incidents) and emergency room staff, as well as employers, etc. When domestic violence is denied as being the cause of stress or physical injuries, what should or could people do? When should they intervene and where would they go? Is it not easier for people to simply ignore the obvious as this constitutes a personal problem and one requiring intervention?
Whilst it may be up to society as a whole to deal with domestic violence in order to reduce its frequency, there are problems in attempting to alter attitudes and understanding of a situation so hidden or considered private. This is clearly evidenced by the Scottish Executive's own research into the response by the public to their campaigns against domestic 'abuse'. Respondents in 2005 and 2005/2006 showed little change in attitudes and understanding of domestic violence or domestic abuse. Whilst the research does make a caveat - that funding and availability of channels on which to show advertisements on domestic abuse were significantly different between the 2005 campaign and 2005/06 campaign, with the former having less available channels, the figures to appear to indicate that the public on the whole did not alter their perception of domestic abuse.
One method of dealing with the varying acts which constitute domestic violence could be to create a specific offence of 'domestic abuse' in statute; this offence should give definitions and meanings which have been widely consulted upon. As offenders are often charged with minor offences including 'Breach of Peace' or 'Affray' and/or the more serious offences such as 'Assault Occasioning Actual Bodily Harm' and 'Wounding', it may well be that a specific offence of domestic abuse (or violence - depending on which is considered the best) would resolve some of the confusion. There is no doubt that causing severe alarm or distress and/or physical injury to a partner is unacceptable, but there are many varying degrees of abusive behaviour that, to have such behaviour subjected to various laws - some antiquated - confusion is a constant problem. If a specific offence were introduced, then the offence can be dealt with similar to other specific offences (e.g. arson, rape, criminal damage, etc.). Current offences can be incorporated in a list of actions which are deemed to fall within the remit of such an offence. Specific deterrent sentences can be identified, including rehabilitative and/or cognitive therapy programmes, as well as custodial methods; protection orders - with powers of arrest attached - could automatically be included. The police recognised in 1998 that the lack of a specific (and national) definition of 'Domestic Violence' was problematic: 'The lack of a nationally agreed definition of domestic violence is a major obstacle...Agreeing a national definition is essential..." Whilst this was in relation to effective policy monitoring and to enable greater comparative analysis, it can be seen as indicative of problems widely experienced by officers. In 2000, it was noted that 'standardised definitions of domestic violence and repeat victimisation between forces and other agencies' were essential to ensure that domestic violence could be effectively policed. If the police, prosecution services and other agencies could refer to specific legislation or a specific offence, rather than rely on a plethora of offences with which to charge offenders, administrative and other bureaucratic problems may be reduced significantly.
One of the few (indeed probably the only) laws to actually specifically mention domestic violence is the Domestic Violence, Crimes and Victims Act 2004. However, the offence of 'domestic violence' is not actually specified, nor defined; it is simply an amendment and clarification of what may occur to those who breach 'non-molestation orders' and provides a review for those deaths which occurred within a domestic setting (referring to these as domestic homicides: s.9). This legislation relates to evidence and procedures and allows the introduction for cohabiting couples to be of the same sex - i.e. extending existing legislation to cover those in homosexual relationships. Other legislation deals by implication with domestic violence and the problems of witnesses who retract statements due to fear or for other reasons: prosecution authorities in England and Wales can utilise the Criminal Justice Act 1988 (s.23) where submission of written statements in the absence of oral evidence is allowed. However, authorities seem reluctant to utilise such laws as they rarely continue with cases when witnesses fail to attend. Indeed, the retraction of statements has long been a problem in many prosecutions of domestic violence and cited as the reasons for low conviction rates; however, given the wider problems faced by victims of domestic violence, it is unlikely to be the sole reason and, even if it were, should not dissuade authorities from prosecuting. Definitively categorising an abusive relationship, providing a specific term and defining the behaviour referred to as criminal (to include psychological, emotional, physical and financial behaviour) may assist in raising levels of conviction rates within this area of criminal behaviour.
Other reasons for low conviction rates may be juries' lack of understanding given the multitude of charges brought. Charges can include common law assault, breach of peace, harassment or sexual assault, etc. These charges may mean juries only choose the one with which they have any understanding (however misconceived). Indeed, in Scots law, 'assault' seems even more abstract than English law; in Scotland, assault is "committed when one person makes an attack upon another with the intention of effecting the immediate bodily injury of that other person or producing fear of immediate bodily injury in his mind." In English law, assault is committed by someone when he "causes another person to apprehend the immediate application...of unlawful force" or "Technical Assault. This offence is committed when the defendant intentionally or recklessly causes the victim to apprehend imminent force". In the Protection From Abuse (Scotland) Act 2001, there is an interpretation of 'abuse' which: "...includes violence, harassment, threatening conduct and any other conduct giving rise, or likely to give rise to, physical or mental injury, fear, alarm or distress". All these interpretations and definitions are undoubtedly causing confusion for those involved in the whole process.
The other side of the argument, however, is that bad relationships may be deemed criminal if definitions are too broad. As mentioned, relationships have good times as well as bad and argumentative couples are not unusual. Indeed, it can be seen as a good and healthy relationship when couples release tension through arguments, even if they are derogatory. Being insulted can be hurtful but the intent behind such behaviour is not always criminal. Whilst legislation such as the Protection From Abuse (Scotland) Act is for the protection of those who suffer (or are likely to suffer) systematic abusive behaviour, specifying that "...any other conduct giving rise, or likely to give rise to...alarm or distress" is criminal, it can result in confusion. Further, control finance is commonly seen as one person's strength in a relationship; for various reasons - not all of them malicious. Partners have on occasion pushed each other, held each other (or restrained due to alcohol, drug use, for protection against the partner harming themselves due to emotional turmoil or medical conditions, e.g. epilepsy).
It is not necessarily being suggested here that a husband who protects his wife from her own self-harming actions could or would be subjected to police intervention under current definitions, but confusion may arise. Where there are isolated incidents of 'hurting' or 'insulting' behaviour, this is not to be deemed criminal, not to be considered domestic violence. However, in the litigious society we now seem to be in, civil actions could draw in criminal codes and partners who seek revenge for various reasons could instigate domestic violence procedures under any broadened definitions. Most would accept that arguments cause alarm and/or distress in any form, particularly in marriages or partnerships given the nature of relationships but not all 'bad patches' should be subject to criminalisation.
Failed marriages whereby insults are thrown, withholding money because of legitimate concerns as to the ultimate destination by respective partners (e.g. a wife or husband who closes a bank account because they simply wish to avoid paying maintenance) may fall within the remit of domestic abuse because they are controlling money and refusing access. There is undoubtedly an element of spitefulness from one or both partners; this may include shouting and insulting each other. Whilst pragmatic approaches are undoubtedly expected from all agencies, complaints may arise if conduct is either ignored when it is in fact symptomatic of domestic abuse, or if over-zealous policing or prosecution interference results in action being taken where none is required. This is particularly likely to occur if different jurisdictions actually have different interpretations or definitions which deal with domestic violence. If officers in rural communities prefer to deal with domestic violence in a quiet, 'dignified' manner to keep families together and to protect reputations in small villages, whilst officers in the City centres are constantly arresting on the spot partners who are abusive, where is the consistency of policing domestic violence given that there are no national definitions and no specific offence of domestic violence.
Terminology can cause confusion, even discrimination, though it is doubtful there is any intention to do so. By broadening terms from domestic violence to domestic abuse, inclusion of acts by perpetrators which, if taken as a pattern of behaviour, show that domestic violence (physical or otherwise) is a problem within a particular household. Domestic abuse may well be preferred terminology for some agencies, including the police and prosecution authorities, but until we have a specific, definitive and statutory explanation of what domestic violence means (by providing clarity as to the acts which can constitute such an act or acts), prosecutions and conviction rates may remain low. Further, such legislation may enable the engagement of the public at large as awareness of a specific criminal offence can be more easily identifiable. A definitive statute/law shows not only that the Government will not tolerate domestic violence because it has specifically legislated against such behaviour, it will also assist the authorities and public to determine what is - and importantly - what is not, a criminal offence.
Domestic violence or abuse - whatever term is used - needs to be defined specifically to ensure that ambiguity is lost, that clarity is gained and that victims of this often hidden crime can point to a specific offence; it can be referred to by police officers when arresting a perpetrator, by prosecutors when bringing charges in court, and by judges when making summations to juries before they decide their verdicts. Juries may then make conclusions based on the evidence in answer to a specific offence when deciding upon guilt.
Policing this offence may not be easier, and prosecutions will still falter but by creating a specific offence and defining which actions are to be included, ambiguity is reduced and increased awareness occurs. Semantics is not the issue here; the issue is the need for effective policy, understanding by the public and the agencies involved in its dealings with such a wide (but hidden) problem. Altering perceptions, changing attitudes and providing assistance for domestic violence will all take time, money and interagency co-operation; offender programmes and education for young people to alter their views (given that many children witness violence in the home and their behavioural patterns, and understanding of violence as a problem-solving device) all need to be implemented. Otherwise we will continue to have a world full of hidden violence leading to distorted views as to what is acceptable behaviour towards others - particularly in the family home.
-- Did the attorney fail to put forth reasonable efforts to expedite the litigation, delaying a case unnecessarily?
-- Did the attorney mishandle client funds?
-- Did the attorney neglect an entrusted legal matter?
-- Was the attorney advanced a legal fee, but failed to refund the unearned portion?
The exercise of poor legal judgment by an attorney can result in significant problems for a client.
Key Question #2: Is the lawyer's practice focused on family law?
The one constant in the law is change, sometimes in an obvious way and sometimes in a hundred subtle ways. The courts continue to interpret laws differently, and our legislatures continue to pass new laws and change existing ones. Rules of civil procedure, evidence, and local court rules vary from one judge to the next. When the attorney's legal practice is focused on family law then that attorney is in sync with emerging trends in the field. Case management is very difficult to streamline when the attorney is not completely tuned in to the controlling laws. The experienced lawyer focused exclusively on family law, who has tried many divorce cases, has worked with complex asset divisions, has handled contested custody matters, and has been successful. That attorney will guide you through your case fluidly, efficiently, and knowledgeably. A focused practice is a focused lawyer.
Choose a family law practitioner.
You want to know whether the attorney you're looking to retain has a genuine focus on family law, and is not merely dabbling in divorces as circumstances allow. These are the types of questions you should ask before hiring:
-- Do you practice family law exclusively?
-- What percentage of your law practice is devoted to family law?
-- What access do you have to specialists and experts within your firm and outside your firm?
-- How many years have you been practicing family law?
-- Have you been litigating divorce trials for five years or more?
-- Have you handled complex asset and property divisions in divorce?
-- Are you well-versed in child custody matters?
-- Are you recognized by the public and by your peers for your abilities and experience as a practitioner of family law?
If after your questions are answered, it is apparent that the attorney is not sufficiently experienced in family law, or lacks a genuine focus in family law practice, then keep your options open and continue interviewing other potential attorneys.
Key Question #3: Will this attorney be handling your case, beginning to end?
At some law firms, the attorney you meet in your initial consultation is not the attorney who will be representing you. Allowing your case to be assigned to whoever has a light schedule at the firm this week is not being very selective. You are not a commodity and neither are attorneys. Make sure to ask if the attorney you're interviewing will actually be the attorney handling your case. Will some other lawyer at the firm be assigned to your case after you've paid your retainer fee?
The attorney you first meet may be the firm's presenter, skilled at promoting the law firm and bringing in new clients. But the firm's presenter may or may not be the lawyer who will be assigned to your case. If you're interviewing one attorney, but will be working with another, then the prudent course of action is to interview the family law attorney who will actually handle your case. At the interview, ask the question: "Will you be the attorney handling my case?" If that answer is a negative, then ask "Who will be?" and interview that lawyer before you make a hiring decision.
Meet your new lawyer, in the middle of your case.
When you work with your lawyer, you necessarily develop a rapport. You've talked about your case face-to-face. You've talked on the phone. You've received written correspondence. You've given detailed descriptions and provided supporting documents. You've emailed a hundred times. In all of those exchanges, your lawyer has watched your mannerisms, noted your frustrations, and observed subtleties in your gestures, voice, and tone. Your lawyer gets to know you, and understands the full context of your words.
There is probably nothing more frustrating than working with a family law attorney, developing a solid relationship of trust with good communication, and then have your case reassigned to a different attorney at the law firm. When reassigned to a junior lawyer, you may reasonably question the importance of your case to the law firm. You may feel that your divorce or child custody matter is not valuable enough to merit keeping a more experienced attorney on the case. Such concerns can only undermine your trust in the lawyer and the firm.
Choose your attorney carefully and, before you hire, take a good look at the attorney's legal team.
You've taken the time to interview the family law attorney in person. You think hiring that attorney is in your best interests and will carry you from the beginning of your case to a favorable resolution. One last thing, though. Before you decide to hire, take a look at the qualifications of the entire legal team at the law firm, from partners, to associates, to paralegals. A favorable outcome in your case may depend upon it.
Where the price of Best legal services is high and there's absolutely no provision for a free legal services division, you're very most likely to have a circumstance whereby the criminal justice system with disproportionately convict the well of members of the community. Therefore you have a justice system where poverty is equivalent to remorse. The thinking that people will likely probably be so aggrieved by the justice system that they will attempt to locate their own ways to receive legal aid is crap. If you are interested in food and also the judge would like to give you to get a crime which you did not commit, then you're very likely to plead guilty unless there's somebody who's willing to supply you with free services that are legal. By and large, the legal profession has been supportive of the idea that justice has to be accessible to all irrespective of income or social standing. On the other hand, the exact identical legal profession has been frustrated with the government's inability to properly handle the projects they consume. When there is legal aid, they have an inclination to give up on the bad and refuse to cover the charges to the attorneys. The lawyers are then forced to either abandon their client or provide their very own free legal services. It has to be understood that many legal houses today function as companies and they can't afford to be giving away complimentary services. The government has to measure up to the plate and also make sure that it is providing the suitable free legal services which the taxpayers deserve and need.
What then would be the budgetary implications? The provision of free legal services is quite an expensive undertaking even for the developed countries. The total yearly budget can run into millions and if problems of death or life like wellbeing come in to play, the significance of legal providers is subsequently questioned by the resistance. The counter-argument to that is that a government is nothing unless it has some type of legal system.
In most civilized nations, there's a specific form of legal aid that is supposed to ensure people aren't excluded in the judiciary procedure just because they do to not have a great deal of cash. Many people today complain that the provision of free legal services is not renewable and ends up putting unreasonable pressure on the remainder of the market. In this report, I take a look at a few of the chief problems that arise in the supply of free legal solutions particularly in the circumstance that the majority of these are backed by tax revenues that the general public results in.
