Deciding to end a marriage is easily one of the most challenging decisions a person can make. Navigating the legalities associated with the divorce process can be a daunting undertaking for any person who does not have a legal background. Like all family law cases, the legal process for divorce can become complex and messy, especially when it is not handled properly. If you are facing divorce, hiring an experienced attorney can help you avoid mistakes that can inevitably happen when a person chooses to represent him or herself in court. The skilled family law attorneys at RM Law Group can help.
RM Law Group, LLP has successfully represented divorcing clients throughout Southern California, ensuring their rights and interests are protected. No matter what stage of the divorce process you are in, RM Law Group, LLP can help you reach a favorable resolution. Consider contacting the firm today at (888) 765-2902 to schedule a no-obligation case consultation. We have offices in Ontario, Rancho Cucamonga, Cerritos and Los Angeles to serve clients throughout Southern California.
What is a "No-Fault" Divorce in California?
Divorce is not a decision for perfect marriages. A vast majority of spouses file for divorce because they feel wronged by the other spouse. The State of California, however, is considered a “no-fault” state. Under the California Family Code §2311, a person can file for divorce at any point in his or her marriage for no reason other than “irreconcilable differences”. Based on this law, property division in divorce cases will not be influenced by the actions or behavior of either party, although other components of the divorce like child custody rights can be.
Under California Family Code §2335, any evidence of misconduct or wrongdoings by either party during the marital union will be considered irrelevant by the court; therefore, the evidence will be admissible in case proceedings.
Divorce Case Requirements
Based on Family Code §2320, in order for a judge to enter a judgment to terminate the marriage, one of the parties must have lived in the state for a minimum of six months before filing for the divorce. In addition, the petitioning spouse is also required to file the divorce case in his or her county of residence. This party must have resided in that county for a minimum of three months preceding the divorce petition. In the event that the petitioning party has not met the aforementioned requirements, the court will likely dismiss the divorce case.
When the divorce petition has officially been filed, the law in California dictates that the petitioning party will need to wait a minimum of six months from when the other spouse was served with the divorce papers before the case can be finalized. If the petitioning party does not meet his or her residency requirements, there is an opportunity to file for a legal separation. This can be amended at a later time and the party can petition once again for divorce.
Get Legal Assistance From a Skilled Divorce Lawyer
The decision to seek a divorce can be difficult. Unfortunately, there are several legal challenges that may arise in the process of divorce, and this can make it challenging to achieve a certain outcome. If you are going through a divorce, obtaining the support of a skilled divorce lawyer can help you make informed decisions that protect your rights and interests throughout the legal process.
No matter what stage you are in, obtaining the support of RM Law Group, LLP can help you avoid mistakes in your divorce that may affect you for years to come. The divorce process is complex, and it can be daunting to face alone. With the support of RM Law Group, LLP, the process can be streamlined in a manner that can help you make the decisions that will protect your interests. Consider contacting RM Law Group, LLP today for a free case consultation. Call (888) 765-2902 or complete the confidential online contact form here.
Each day, as many as 1,000 Americans will require emergency medical treatment as a result of a dog bite. A victim who suffers a dog bite can suffer very serious, often fatal injuries. Even in milder cases, the victim can suffer infections or severe disfigurement. Regrettably, children are common dog bite injury victims, and when a child suffers a dog bite, he or she can experience a life-time of medical issues. If you or your child was bitten or attacked by a dog or other animal and suffered significant injuries, contact one of our listed personal injury lawyers today to schedule a free consultation.
Strict Liability in California Dog Bite Cases
When it comes to dog bite cases, every state has its own laws with respect to injury liability. In California, the canine owner is strictly liable for the dog bite, even if the canine has no prior history of being aggressive. Through California’s Civil Code Section 3342, or strict dog bite law, a pet owner will be held accountable for the victim’s harms and injuries, even if he or she did not know about the dog’s aggressive behavior.
What to do After a Dog Bite or Animal Attack
After you or your child was attacked by a dog, your emotions will be running high. However, it’s best to not let that get the best of you in the moment. As this article on Legal Reach explains: "When a dog or other domestic animal attack has occurred, the following steps should be taken immediately whenever possible: Seek medical treatment, Identify the dog and its owner, Take photos or have photos taken" - [paraphrased].
What is Needed to Prove a Claim
In California, dog bite victims can seek restitution from the accountable party. In order to win a case, however, the following must be proven:
Parties that May Be Held Accountable Following a Dog Bite in California
In a majority of dog bite cases, the pet owner will be held accountable for the victim’s injuries. Depending on the specifics of each individual case, however, the following parties may possibly be held accountable for damages:
Speak to a Well-Versed Dog Bite Attorney
Filing a claim as a result of a dog bite can be a challenging undertaking, especially if there are third parties involved. If you or someone you love was mauled by a dog, consider obtaining legal counsel as soon as possible. Collecting essential evidence to build a strong case can drastically diminish as time goes on. Contact a skilled attorney shortly after the accident.
A looming DUI conviction can weigh heavy on anyone. The legal implications of the arrest alone can have long-term consequences and may even jeopardize a person’s financial and employment opportunities.
Being arrested for DUI is often the first time for many people – young adults, especially – to get in trouble with the law. Many first-time DUI offenders have no criminal history, and for them, just thinking about the impacts of a conviction on their future can cause endless anxiety.
Repercussions of A DUI Arrest
The severity of the penalties and sanctions of a DUI conviction may vary depending on the state you’re in and number of offenses, but the most likely punishments you will face may include any or all of the following:
If you’re someone living from paycheck to paycheck, the mere thought of the fines you have to pay and loss of income (should you need to serve jail time) would be enough to get you all worked up. For most people, though, it’s the realization that their life could change forever that disturbs them the most.
How A DUI Arrest and Conviction Can Affect Your Mental Health
The impacts of a DUI arrest on a person’s mental health can be more damaging than it’s legal and financial consequences.
One of the most common issues that DUI offenders struggle with is financial stress. A DUI arrest can cost you at least a few thousand dollars in court costs, attorney fees, punitive fines, and DUI school, among others. Even if you have a good paying job, having to pay for such a huge amount of unforeseen costs can be financially debilitating.
A lot of people charged with DUI claim that the financial burden from arrest gave them countless sleepless nights and is one of the most stressful things they have had to deal with.
Loss of Independence
Public transportation isn’t the most convenient way to get around, especially if you live quite far away from your workplace. Having your driving privileges revoked and your license suspended can make you feel like you’ve lost a part of your freedom and independence.
Losing access to their vehicle for a period of time may not be a big deal for some people, but for others, it can be a very stressful predicament that affects different aspects of their lives.
There are a lot of things about a DUI arrest that’s stressful, and constantly worrying about them can really take its toll on you. Worse, you have to continuously function like normal while dealing with all the stress because life does not stop after the arrest. You have work to do, deadlines to meet, bills to pay, and, on top of it all, a DUI case to take care of.
No wonder a lot of people have trouble sleeping and are always on edge after getting arrested for DUI.
Sad, but true: some people fall into a state of depression after a DUI arrest. Financial problems, loss of independence, too much stress, and constant worrying of the possible personal and professional implications of the conviction – all these contribute to the feelings of self-loathing and depression.
In addition, many DUI offenders also tend to pull away from friends, family, and social situations because of shame. Having no one to talk to and share their concerns with makes it harder for them to shake off their negative thoughts and move on.
Coping with The Psychological Effects of Being Arrested for Driving Under the Influence
What makes DUI arrests so unnerving is the feeling of uncertainty that accompanies it.
Am I going to win the case? Am I going to get convicted? Will I lose my job? What will my friends and family say?
Fear the outcome and its consequences can keep the offender agitated and negatively affect their mental health.
Thankfully, it’s not that hard to cope with the after-effects of a DUI arrest: Exercise and eat healthy. Stay away from alcohol. Keep your family and friends close -- their support will help you get through these trying times.
Most importantly, hire legal help. Working with an experienced criminal defense & DUI attorney will increase your chances of tipping the scales in your favor. You’ll feel much more confident going into trial when you come prepared.
Like all negative experiences in life, this too shall pass. The consequences of a DUI conviction may be harsh, but you won’t have to endure them forever.
When filing a claim, you may come across a variety of challenges. Hiring a qualified attorney can be very beneficial.
The State of California has some of the busiest roads and on any given day, a person can suffer an unexpected car accident. Whether it is a small fender-bender or a high-velocity impact, car accidents can result in thousands of dollars in property damage and medical costs.
When being involved in a car accident in California, there may be an opportunity to recover compensation by filing a personal injury claim. Filing a claim, however, is a complex process and hiring a personal injury attorney can be very beneficial. Here, we will discuss the benefits of hiring a personal injury attorney and why it is in your best interests to seek the support of a qualified advocate.
A Skilled Attorney Can Establish Fault
The State of California is considered a fault state, where the at-fault party will be accountable for paying restitution to the victims for property damage and personal injuries. In comparison, other states follow the no-fault rule, where it does not matter who the at-fault party is. In these states, all those who were involved in the accident will need to contact their own insurance company in order to obtain injury protection benefits. Being in a fault state, however, can present complications when filing a claim and one of these is the issue of establishing fault.
Depending on the facts of the case, establishing fault can be easy or it can be very difficult. For instance, in an easy situation, a driver can confess that he was at-fault for the accident because he was not paying attention when he ran the red light and rear-ended your vehicle. In a different example, proving fault can be more complex because the other driver has blamed you for the accident or there is more than one at-fault party involved.
By obtaining the support of a skilled personal injury attorney, you will be able to obtain evidence that can prove who is the at-fault party. A skilled attorney can:
A Proficient Personal Injury Attorney Can Negotiate a Fair Settlement Better Than the Average Person
Once fault has been established, you are able to file a claim against the at-fault party’s insurance company for compensation. By filing a claim, you may be able to receive compensation for the following losses:
By seeking the support of a skilled attorney, you will be able to ensure you are paid the fair amount for what your injuries are worth. Additionally, you may be able to obtain compensation for intangible damages, such as emotional distress. A skilled attorney can strategically negotiate on your behalf, and significantly increase the amount the insurance company is willing to pay. Negotiations are always a grueling and daunting process, where very few people will have the necessary skills to handle the situation themselves. By obtaining the support of a skilled attorney, however, you can elevate your chances at obtaining the maximum amount of compensation. Further, injury claims in California are extremely time sensitive. In a best case scenario you may have up to two years to file a claim, but in some cases, it could only be 6 months. A personal injury attorney will also understand the California statute of limitations and ensure your claim is filed in a timely manner.
A Car Accident Claim Can Be Complex, An Experienced Personal Injury Attorney Can Advocate On Your Behalf
After a car accident, many people will attempt to handle their personal injury claim on their own only to discover that the claims process is far more complex than what they expected. If you or someone you love was injured in a car accident, hiring the support of a qualified attorney can prove to be very beneficial. Contact the support of an Inland Empire personal injury attorney you can depend on.
Wherever you are in the United States, getting caught drunk driving is one of the biggest mistakes you can make. After all, driving under the influence or DUI is a criminal offense in all states as well as the District of Columbia, and that means its consequences cannot be taken lightly. One of those consequences is jail time, which is something no person looks forward to serving.
All DUI offenses, whether it’s a first-time misdemeanor or a third DUI felony charge, are punishable with jail time of varying lengths. A first DUI conviction in California, for example, carries a penalty of up to six months in jail. A third DUI felony conviction, on the other hand, is punishable with mandatory jail time of up to five years.
However, it is still entirely possible to avoid jail in case you are convicted of a DUI. This is one of the many reasons to hire a DUI defense attorney to represent you in court - you stand a much better chance of staying out of a jail cell despite a conviction.
It’s all in the judge’s hands.
Whether or not a DUI convict—particularly a first-time offender—will spend some time in jail or not will largely depend on the judge handing down the sentence.
A good DUI lawyer can plead with the judge to spare the offender from jail and hand down an alternative sentence instead. The judge will hear your attorney’s presentation and will decide on it based on several factors.
The judge will take into account the type of DUI offense and how severe it is. Judges can be more lenient toward people who have committed a first-time DUI offense, which is typically charged as a misdemeanor. However, if that first-time offender hurt or killed someone, the likelihood of avoiding time in jail is significantly reduced. Judges will also weigh several other factors such as criminal history, if any, of the offender. Whether the DUI convict expresses any remorse will also be considered.
DUI sentencing alternatives
If the judge determines, among other things, that you are sorry for committing a DUI offense and that you are not a danger to the community, then you will likely end up serving probation instead of jail time.
Probation is better than jail, but it is no picnic for the offender either. You may no longer be under police custody and will have the freedom to move around, work, and contribute to society, but you will be supervised closely by a probation officer who will be assigned as soon as you receive your sentence.
If you’re serving probation, you will be required to follow specific rules throughout the probation period, like never driving without a valid license or with any amount of alcohol in your system, not committing any crime, or any other conditions the court may impose. On top of all this, you will also have to pay restitution, court costs, and probation supervision fees.
Violating or failing to complete the conditions of your probation will lead to its revocation, you will serve the maximum sentence that your original criminal DUI offense allows.
2. House arrest
The court that convicts you of a DUI offense can also require house arrest as an alternative to jail time. It also comes with certain inconveniences, but it does beat being in jail.
Then again, house arrest is, in a way, just like being in jail, but without the bars. You will have to confine yourself within your property and will be required to wear a monitoring device around your ankle, which will alert authorities if you leave your home. The monitoring device will most likely be a SCRAM (Secure Continuous Remote Alcohol Monitoring) bracelet, which can detect alcohol in your sweat and measure your alcohol use.
3. Community service
Community service for a DUI offender can come in various forms. If you were convicted under California DUI laws and made to perform community service in lieu of jail, you would likely be made to work for the California Department of Transportation or Caltrans picking up trash on the freeway wearing those orange jumpsuits.
Other forms of community service include doing volunteer work for charities. In some cases, DUI offenders perform community service by speaking about the dangers of drunk driving in front of groups.
4. Alcohol or drug rehab
A DUI offender with an underlying alcohol or drug addiction may also be allowed by the court to spend time in a rehabilitation facility instead of a jail cell.
As mentioned above, you have to convince the court to hand down a sentence that doesn’t involve going behind bars. Only a skilled and experienced defense attorney can help you do that, make sure you hire one if you ever find yourself in DUI trouble.
Fraud claims and breach of contract are very different legal cases. It should be noted, however, that there are various circumstances where a breach of contract can involve fraud. For the most part, fraud claims cannot be filed simultaneous to a breach of contract, when both are based on the same set of facts and issues.
In a case where both claims have been filed at the same time, a court will generally focus on the claim regarding the breach of contract. This will disregard the fraud claim as being duplicative, particularly when the claim restates that facts included in the breach of contract claim.
Breach of Contract Lawsuits in California
When a breach of contract lawsuit has been filed, the claim will generally imply that there has been some degree of misrepresentation that caused at least one party to not perform in the obligations set within the contract. A breach of contract, however, can become a fraud claim.
In California, a contract is a legal agreement made between at least two parties. The parties involved in the contract essentially promise to perform a specific duty. The reason behind having a contract be legally binding is to hold each party responsible in the event of a breach. A contract breach will occur when the agreement is not kept because one of the parties has failed to fulfill the obligations agreed upon.
A breach of contract can occur in the following methods:
When at least one of the parties involved in a contract have met their obligations, they are entitled to legal remedies for the breach of contract.
Contract Fraud Claims
Contract fraud claims occur when at least one party to the contract has presented information that is deceitful, incorrect, or meant to confuse those involved. For example, a contract fraud claim can occur in employment contracts, when employees claim to have certain skills and experience to perform a job duty, when in fact, they do not.
Another example can involve a party, who is lead to believe they are making a purchase for a certain item in a particular condition, but the contract has specified a different product under a different condition.
Consult the Support of a Qualified Law Firm
Claims involving a breach of contract or a fraud claim are very complex as they can sometimes overlap. These claims can be brought separately under specific circumstances. If you believe you have been misled when entering into a contract and are seeking to file a breach of contract or a claim for fraud, seek the legal support of a skilled business law attorney who will defend your interests.
The attorneys at Schwartzberg & Luther, APC understand that in order to file a strong claim for a breach of contract can require extensive legal knowledge and experience. If you have reason to believe you have been harmed as a result of a breach of contract, consult a skilled law firm today.
Understanding Negligence in a Personal Injury Claim
Negligence can occur when another’s actions, or in some cases inactions, fall short of the reasonable standards set to protect another from harm. For instance, drivers in California have a legal duty to the safety of others on the road. Therefore, a driver who chooses to drive behind the wheel while intoxicated is acting negligent in considering the safety of other drivers. In order to win a personal injury claim in California, the victim, also known as a plaintiff, will need to prove that the accused is liable for causing the accident that resulted in his or her injuries.
When it comes to personal injury claims, there are generally four factors that must be demonstrated in a claim in order to prove that the accused party acted negligently:
Consult a Skilled Personal Injury Attorney
Following an accident that left you with injuries, it is critical to your well-being and recovery that you seek monetary compensation for your grievances. In California, however, you only have a small window of time to file the lawsuit. Speak to a skilled personal injury attorney as soon as possible in order to ensure your claim is heard.
The good news is that brake failure is rarely the cause of a car accident. Typically, most vehicles have redundancy and two braking systems to ensure safety, if one fails. However, when brake failure occurs, it is often related to larger vehicles like semi-trucks or larger trucks. If you were involved in a car accident where your brakes failed, it likely was a terrifying event.
Understanding your options after a brake failure and car accident can help you determine your next steps.
*This blog was published by Silverthorne Attorneys located in Ladera Ranch, CA.
If you have been accused of sexual harassment in the workplace, the accusation can have your reputation tarnished and expose you to a financial judgment. Additionally, an accusation can leave yourself and your company in serious legal trouble under state and federal laws. Moreover, the United States Equal Employment Opportunity Commission (EEOC) can issue an administrative charge and begin a formal investigation into the claim for workplace discrimination.
If your business or a colleague is facing workplace sexual harassment allegations, it is important to seek the legal support of a knowledgeable attorney who will fight for your rights. Consider speaking to a qualified attorney who will champion on your behalf.
The Importance of Acting Quickly After an Initial Allegation
Upon hearing of the allegations, it is important to act quickly and begin protecting your interests. Begin making a detailed account of all the interactions you have had with the co-worker.
In the event that the sexual harassment claim has been filed directly with the EEOC or the co-worker has already filed a lawsuit against you, not only is it in your best interest to seek legal support, it is also important to consider all defenses available. In a sexual harassment claim, the burden is typically placed on the accuser, which means that the alleged victim will need to prove specific elements to obtain a judgment. An experienced attorney can assist in defending against such claims.
Potential Sexual Harassment Defenses in California
Depending on the facts of your case, not every legal defense will be available to you. Understanding what legal defenses could be available, however, can help you decide what will be the best course of legal action. The following is a limited list of possible defenses:
Hire the Legal Support of an Experienced Employment Defense Attorney
In every professional work environment, your reputation is the most important thing you need to protect. When a co-worker or employee has accused you of sexual harassment, the claim can affect you for the rest of your career as well as jeopardize your business’ future. After a wrongful allegation has been made against you, it is important to act quickly – consider seeking the legal support of a skilled attorney who can champion on your behalf.
The employment defense attorneys at the Knez Law Group, LLP have many years of dedicated experience protecting the rights of those wrongfully accused. Workplace sexual harassment claims should always be taken seriously and it is important to act quickly. If you need legal assistance in defending against an employment claim, contact the legal support of a qualified attorney.
Car accidents around the US cost more than $800 billion a year. They result in thousands of deaths and millions of injury cases, a lot of which are permanent. Despite the fact that there have been immense advancements on the technological front to improve car safety through equipment like assistive braking and guided cruise control, but the element of human error still remains. This includes negligence and distracted driving among other things.
Individuals have to realize that while on the road they have a moral and civic responsibility towards others as well as themselves. Protecting your life and that of those around you is your legal and ethical requirement while driving. Here are a few things that you should be careful about in this regard.
Tips to Avoid a Car Accident
Stay Attentive to Your Surroundings
There is a common notion that one of the basic assumptions while driving a car is to think you’re the only person who can see. Motorcyclists, pedestrians and other people like skateboarders etc. will come charging into your path creating a risk for massive collisions. This is the reason you have to be extra careful while on the road. Check your rear-view mirrors regularly especially when making a turn or pulling over. Also check for on-coming traffic before opening your car door in the middle of a road. Use turn signals at all times and make sure you’re brake lights are functioning properly.
Negligent driving is one of the most common causes for accidents around the US. Similarly distractions are also a major factor that contributes towards sometimes fatal accidents. Recent increases in usage of social media platforms like SnapChat, Facebook Live YouTube have been misused by people while driving. This is a step up from the traditional texting while driving. However, this has only compounded the risks immensely. The authorities advise you to avoid these practices to make the roads and highways safer for yourself and others.
Follow the Rules
It is said that ignorance of law is now excuse. Ignorance might be not knowing the law or wishfully ignoring it. Both these conditions can result in catastrophic consequences. Running red lights, overtaking out of place, traveling the wrong way or traveling in the wrong lane etc. are just a few examples of law breaking that can detrimental for you and other people as well. Saving a few minutes of your time can leave you in big trouble with more mess to clean up than you expected.
What to Do if You're in a Motor Vehicle Collision
After a car crash, there are a lot of things to keep in mind, but your safety and the safety of others involved in the collision are critical. Here are some actionable things to do after an accident:
Call a Car Accident Lawyer Serving San Bernardino and Riverside
While you should be careful about the rights of others and your own while on the road, you also have to keep your car in top shape and ensure you have all the safety features that the law requires. However, if you do get into an accident, make sure you’re prepared. Have a first aid kit on board and contacts for your insurance company and contact one of our listed car accident lawyers. Our listed attorneys offer free consultations and can answer your questions & advise you on the best course of action regarding your specific circumstances.
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