Domestic Violence Law- A Force To Be Reckoned With!

Author: Donald P. Schweitzer
When a victim of domestic violence makes a call to the police, a number of things are likely to happen. The police will probably respond quickly and place the accused under arrest. An automatic protective order will be served and criminal charges are likely to be filed. The victim will be invited to move to a domestic violence shelter and can obtain immediate orders from the family court, awarding him or her full custody of the children and temporary child and spousal support. And, if a victim requests exclusive use of the home, his or her request will probably be granted.

Unfortunately, victims of domestic violence are often unaware of these and many other rights because it was not that long ago when our legal system's attitude and method of dealing with domestic violence was radically different.

IN THE OLD DAYS

Those of us who were working within the criminal justice system during the early 1980's remember how it used to be before domestic violence was taken seriously. The policy of police departments throughout the United States was to treat domestic violence as a matter that should not involve the courts. When responding to domestic disturbances, police officers were trained to simply "keep the peace." Standard policy for police officers responding to these calls was to first break up the fight and then to tell one of the parties (usually the man), to leave the house for the evening so that things could cool off. Police officers were specifically trained that they should not make arrests in these types of cases, since they were "civil matters."

Obviously, the policy and practice of not making arrests was flawed. Victims of domestic violence were afforded almost no protection and many people were seriously hurt as a result.

THE BURNING BED

Fortunately, things began to change during the mid 1980's as a result of a couple of cases that caught national attention. Movies such as the "Burning Bed," starring Farrah Fawcett, woke up Americans to the problem of domestic violence and challenged our cultural beliefs about these cases. Domestic violence was no longer that dirty little secret families had to keep. Suddenly, it was recognized in mainstream America that victims of domestic violence deserved protection. Consequently, law enforcement's method of dealing with domestic violence also changed.

Police departments throughout the nation implemented policies requiring officers to hand out pamphlets to victims of domestic violence that explained their rights to move to a shelter and to press charges. Also, when victims of domestic violence incidents told the officers that they wanted to press charges, officers would take their complaints seriously and would usually place the perpetrator under arrest. Victims of domestic violence were finally listened to when they desired prosecution. This shift in policy created more work for police departments and the courts, but was generally welcomed by professionals who cared about protecting victims of domestic violence.

O.J. SIMPSON AND POLITICS

Law enforcement's handling of domestic violence continued to change during the late 1980's and the early 1990's. During this period, prosecutors and legislators began taking a hard core approach to dealing with domestic violence cases. The influx of women prosecutors and, of course, the O.J. Simpson case were major reasons for this change. Special units that dealt exclusively with domestic violence were created by the District Attorney's Office, and it became a feather in one's cap to be assigned to these units.

As a result of these changes, the police department's treatment of domestic violence cases changed radically. Out of concern for liability and for political considerations, police departments incorporated no-nonsense policies of dealing with domestic disturbances. These no-nonsense policies included:

1) Where there is a complaining party and slight corroborative evidence, somebody is going to jail; and

2) The person going to jail is usually booked on a felony, so that bail can be increased, making it difficult for the person arrested to get out.

The District Attorney's Office's handling of these cases also began to look quite different than anything we had ever seen before. Equipped with the passage of new penal code sections that made it easier to obtain convictions and which created harsh sentencing for these offenses, prosecutors became much more aggressive when filing charges. More dramatically, however, was the new tactic prosecutors used when dealing with cases where there is a recanting or uncooperative victim. Instead of automatically dismissing these cases, the prosecution would usually proceed to trial using the victim's spontaneous statements as evidence.

Our legal system's changed attitude toward domestic violence was also reflected in the passage of numerous state and federal laws. For example, we now have laws that provide victims of domestic violence with "victim rights advocates" who accompany victims during criminal proceedings and provide moral support.

In fact, the plain language of these new statutes displays our government's changed view of domestic violence. Take for example, California Penal Code, Section 243, which boldly declares:

"The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence so as to display society's condemnation for these crimes of violence upon victims with whom a close relationship has been formed."

KNOWLEDGE IS POWER

Without a doubt, victims of domestic violence now receive better protection from our legal system than what is afforded to victims of most other crimes. Consequently, understanding the protections provided by our legal system is an essential first step to getting out of an abusive relationship.

On the other hand, if you or someone you know has been accused of domestic violence you had better seek legal advice immediately, because you are facing a force to be reckoned with!


About The Author

Donald P. Schweitzer, Law Offices of Donald P. Schweitzer, 201 South Lake Avenue, Suite 700, Pasadena, California 91101, (626) 683-8113

http://www.PasadenaDomesticViolence.com

Mr. Schweitzer is a attorney, who specializes in domestic violence cases. He is a former police officer, and Deputy District Attorney.

An Experienced Celebrex Lawyer Is Your Best Bet for a Successful Claim

Author: Gust A. Lenglet
Co-marketed by Pharmacia, Celebrex was celebrated as the super aspirin, and used to treat those who suffered the aches and pains of rheumatoid arthritis and osteoarthritis, since it was released in December of 1998. Amazingly, this COX-2 non-steroidal anti-inflammatory drug reached an incredible $1 billion dollars in sales during its first year of marketing, proving that it was not only a super aspirin, but it was also a super money-maker for its manufacturers.

Competing with Merck’s super drug, Vioxx, the two manufacturers fought to have label warnings removed from their product in order to beat out the competition. This competition between the two companies was so intense that it is now earning the manufacturers criticism for possibly having sacrificed patient safety, in order to earn the extra bucks. On April 6th, 2000, the FDA issued a letter to Pharmacia, demanding that they make changes in their products label, stating that your representatives continue to engage in violative promotional practices. It wouldn’t be long before Celebrex and its competitor, Vioxx, would be linked to an increased risk of blood clots, heart attacks, sudden deaths and strokes.

If you or a loved one have taken Celebrex for a period of 18 months and suffered a heart attack, stroke, or problems with blood clots, it would be in your best interests to contact an experienced Celebrex lawyer as soon as possible. Choosing a Celebrex lawyer will help to ensure that you receive a safe and knowledgeable consultation from a representative who is up to date on all of the latest information regarding this case. In most cases, the consultation visit with your Celebrex lawyer is free of charge and, during this time, you will be able to discuss what the best route is, for you to take.

The sooner you bring all of your information to your Celebrex lawyer, the sooner they will be able to put together a case and the greater the likelihood of you filing a successful claim against the company. Your Celebrex lawyer is sure to discuss with you, the pros and cons of either filing an individual claim against the company, or of filing a joint claim with all the others who have suffered from the side effects of Celebrex. Your Celebrex lawyer will be experienced in the current claims made against the company and stay abreast of any new developments, allowing you to breathe a little easier while your Celebrex lawyer handles all the hassles of footwork and building your case against Pharmacia.

You owe it to yourself and to your loved ones to bet the best help that is available in this case. Choosing a specialized Celebrex lawyer will make a world of difference with your claim and allow you the relief of knowing that the Celebrex lawyer that you have on the case is experienced and focused in this one particular area of expertise. If you haven't already, be sure to locate a Celebrex lawyer and set up a consultation today.


About The Author

Gust A. Lenglet has been an accountant and financial advisor for many years. He is President and CEO of Crown Financial Concepts, Ltd., http://www.crownfinancialconcepts.org, and offers budgeting software to create a household budget. He is also an accomplished author in the tax, legal, and education fields, as well as debt consolidation and relief.

Cash Loans Available For Lawsuits

Author: Lisa Colangelo
In a world where legal action and lawsuits abound, there is cash relief for victims of car accidents, personal injury, workers compensation, etc. in the form of a cash loan against their pending lawsuit.

A cash loan offers plaintiffs a way to finance their day to day living expenses with cash they will eventually claim against the outcome of their settlement. Many times those injured in accidents are the sole breadwinners. When their health and mobility is compromised, they’re unable to pay their bills.

Their options are limited: they could borrow from the bank, but the bank expects a monthly payment on a cash loan; they could max our their credit cards, but still, a check needs to be sent every four weeks to cover the costs; they could get a cash loan from friends and family, but that has the capacity to strain long-formed relationships. When there is no money to make monthly payments, plaintiff’s lapse into a crisis situation where a cash loan is essential!

When a cash loan is needed, help is available. By taking a cash loan against their pending lawsuit, plaintiffs can ease the strain of financial burden and not be out of pocket with money they don’t yet have! Best of all, the cash loan is non-recourse. If the plaintiff doesn’t win their lawsuit, they don’t have to pay anything back.

For most plaintiffs, a cash loan has saved them from losing their homes, helped them pay their medical bills, and kept them out of bankruptcy. A cash loan against one’s lawsuit is a little known service and plaintiffs need to understand that there’s a place to turn in their time of need.

For more information visit http://www.OasisLegal.com


About The Author

With a strong creative writing background, Lisa Colangelo has spent years in the marketing department at Oasis Legal Finance. Through writing press releases, articles, newsletters, web site copy and other creative pieces, Lisa continues to inform the corporate and private sector about the benefits and importance of litigation financing.

http://www.OasisLegal.com

Rhode Island Divorce Lawyers: Modifying Rhode Island Child Support!

Author: Christopher Pearsall
* * * What is Rhode Island Child Support? * * *

In Rhode Island, child support is most typically a monetary amount of money that is paid by the parent having visitation with the child or children. It is an amount that the court deems the child(ren) is entitled to from both parents for the child's support. The parent having visitation is then generally ordered to pay his or her percentage share of the total support amount that is calculated to be due to the child(dren) based upon that parent's percentage of his or her income to the combined gross income of both parents of the child.

* * * How is Rhode Island Child Support calculated? * * *

Rhode Island Child Support is set pursuant to the Rhode Island Child Support Guidelines with adjustments by the Rhode Island Family Court judge as provided in the guidelines or within the Judge's discretion as allowed by law since the Rhode Island Child support guidelines could never anticipate every factual set of circumstances under which adjustments should be made.

* * * When are Motions to Modify your Child Support typically filed? * * *

A Motion to Modify a Child Support obligation is typically filed with the Rhode Island Family Court when there is a "substantial change in circumstances". Generally speaking a substantial change in circumstances occur when the combined gross income of the parents of the child has changed by 10% from the time when the Rhode Island Family Court last entered an order for child support.

* * * What could cause a 10% "substantial change in circumstances"? * * *

1. Loss of a job or layoff.
2. Loss of paid medical benefits through your employer.
3. Hospitalizations
4. New job that pays more or less money.
5. Birth of a new child to either parent.
6. Discontinued overtime from your employer.
7. Child is working and contributing to the placement household.
8. Unemployment
9. Out on TDI, are hospitalized
10. Any other circumstance that causes a change of at least 10% in the combined gross income of both parents.

* * * Will the Rhode Island Judge give me retroactive credits? * * *

Under Rhode Island Domestic Relations Law the family court judge assigned to hear your case has the authority in his or her discretion to grant you credit retroactive to the date you filed your Motion to Modify Child Support. Therefore, if you get laid off or experience any substantial reduction in income that may prevent you from paying your child support as required by the court then you should hand-file your Motion to Modify Child Support with the Rhode Island Family Court because the date of your filing is the farthest date that the judge may award you retroactive child support.

* * * What if I can't make my payments as periodically ordered? * * *

If you have to pay child support on a weekly basis but you are unable to do so, it is generally best to file a Motion for Relief. This is different from a Motion to Modify Child Support because a Motion for Relief does not require that you meet the "substantial circumstances" test. The Motion for Relief would simply request a Modification of the terms under which your payments are made.

For instance, if you are ordered to pay your child support on a weekly basis but your income fluctuates substantially such that you may have no income in any given week then it may be better to pay your child support bi-weekly or even monthly (in advance) in order to account for your income fluctuation.

A Motion for Relief can be very helpful, especially when you are looking more for an accommodation of an existing condition and you have a justifiable basis for it.

* * * What should I watch for when calculating Rhode Island Child Support? * * *

Child Support is not nearly as simple as some Rhode Island Divorce and family law attorneys make it out to be. Unfortunately some lawyers choose to oversimplify child support and how it is calculated rather than running through it with their client.

It is also very easy for a layperson to misunderstand the guidelines themselves. Though the Rhode Island Child Support Guidelines and the worksheet provided by the court are intended to inform lawyers and pro se individuals about the use of the form and the manner in which the calculations are to be made, there is a significant amount of practical application that is not explained in the guidelines. The guidelines also won't help you to understand each family court judge's philosophy.

Always make sure you check the "Mandatory" deductions that are set forth on the Rhode Island Child Support Guidelines worksheet and include them on the worksheet.

Per the Rhode Island Child Support Guidelines you are entitled to these deductions off your gross income and it could make a significant difference in your child support obligation. Double check your attorney's calculations if you like but make certain that you receive those deductions if you are entitled to them.


About The Author

Authored By:
Attorney Christopher Pearsall
Pearsall Law Associates
571 Pontiac Avenue, Cranston, RI 02910
Website: http://www.ChristopherPearsall.com
Phone: (401) 354-2369

Lawsuit Loan Helps Families Get Back On Their Feet

Author: Lisa Colangelo
Though many people have gone through the process of a lawsuit, most aren’t aware that applying for a lawsuit loan, or cash advance on the lawsuit, can help get them through the hard times!

Imagine this scenario; you’ve had an exhaustive day at work, and your family waits for you at home. You’re stopped at a red light and an eighteen-wheeler rear-ends your car. You’re injured, rushed to the hospital, and out of work for months. Your attorney files a lawsuit against the trucking company and promises you have a good case…you just need to be patient.

But what happens if you can’t? As the sole bread winner, your bills are piling up, the credit card is at its limit, the mortgage payment is due, and Christmas is right around the corner. You need money immediately. That’s where a lawsuit loan can help. A lawsuit loan is structured for people who can’t afford to wait for the defendant’s insurance company to settle.

Insurance companies are in business to make money and bank on the fact that desperate plaintiffs will settle early. That is why a lawsuit loan is a critical solution to those in need. Better yet, the concept of the lawsuit loan is gaining ground and acceptance with attorneys.

If you have you’ve been in an accident, were a victim of a slip and fall, filed a workers compensation claim, or were injured by a faulty product, chances are you have an attorney working hard to settle your lawsuit. Don’t wait…a lawsuit loan can be your salvation.

For more information visit http://www.OasisLegal.com.


About The Author

With a strong creative writing background, Lisa Colangelo has spent years in the marketing department at Oasis Legal Finance. Through writing press releases, articles, newsletters, web site copy and other creative pieces, Lisa continues to inform the corporate and private sector about the benefits and importance of litigation financing.

http://www.OasisLegal.com