Category Archives: Law

3 Ways to Protect Your Child During Divorce

Affected Child During DivorceDivorce is always messy for families, especially those with children. The situation always affects kids, regardless of age. Here are some ways on how to protect your child during this difficult time.

Lewis & Matthews, P.C. suggests that you consider these tips when you’re working with your family lawyer in Denver.

Keep Your Children Away From Conflict

The first thing you need to do is keep your children away from conflicts and disputes, especially face-to-face arguments. As much as possible, do not fight in front of your children. You may not see it yet, but divorce leaves a mark on children. Some are able to outgrow and get past it, but some can also be scarred for life.

As Much as Possible, Keep a United Front

Even after the ink has dried on the divorce papers, it’s important to keep a united front for your children. Be there for school activities and other events that require your presence. Stay involved in their lives even if you need to comply with the custody rules. And if you are moving on with a new partner, do not keep your children away from their biological parent, especially if your ex-spouse still exerts effort to be part of their lives.

Do Not Disrupt Your Kid’s Routines

It’s important for both parents to try not to disrupt their children’s routines. Change is inevitable, but for small children, it can be so traumatic. You must create a plan on how to move forward as “separated” parents to their children.

While a divorce is between two adults, children are often dragged into it, and they end up the most affected. Consider these tips if you’re going through this tough time. May it help you and your ex-partner protect your children from the negative and life-long impact of divorce.

Workplace Conflict: Mediation VS Arbitration

Arguing Business Colleagues in an OfficeConflict is one of the many unavoidable and common sources of workplace issues. Different people simply have different attitudes and expectations about a lot of different ideas and objects, and conflict is almost always the result of this never-ending list of differences.

Conflict resolution has become such a crucial part of any office employee that most companies use it as a basis for hiring. But what do you do when a workplace conflict, especially between an employee and an employer becomes serious enough that legal intervention is required?

Well, don’t go scrambling for the courtroom just yet. Here are a few alternatives that might help you out.

Arbitration

When it comes to conflict resolution especially for smaller parties or individuals, mediation and arbitration are alternatives to litigation, which we all want to avoid. In arbitration, a neutral third party serves as an arbiter between the two sides involved and takes witness accounts, factual evidence and other courtroom requirements to make a legally binding resolution.

While this third party is rarely an actual judge, his or her decisions are often final. It helps everyone involved by putting the burden of the decision on an uninterested party to reach a fair judgment.

Mediation

Mediation is similar to arbitration in that they do not require a courtroom and a judge. The difference between the two is that instead of a neutral third party providing a decision, a mediator often facilitates a healthy discussion between the parties involved until they reach an agreement that satisfies both parties.

For conflict resolutions in the workplace, company lawyers often stand as mediators for aggrieved employees seeking some compensation from guilty employers, to avoid the draining and time-consuming processes of litigation.

As always, it’s best to avoid conflicts even before they happen and this can be achieved with a positive and healthy communication channel between all parties involved. But for scenarios that are just too serious, consider these alternatives to reach a peaceful and satisfying resolution to the conflict.

Is Your Loved One Charged with Illegal Possession of Firearm in NC? Here’s What You Should Know

Illegal Possession of FirearmEvery citizen has the right to bear arms, according to the United States Constitution. This doesn’t mean, however, that there are no limitations on that right. As a matter of fact, each state has certain laws on possession of firearms and a violation of these rules come with serious penalties. Thus, getting a phone call from a family member in jail for weapon charges is never good news.

If your loved one resides in North Carolina, here are the things you should know about the state’s gun laws:

Class 2 Misdemeanor

In North Carolina, anyone who carries a concealed weapon such as brass knuckles, bowie knives, stun gun, and other firearms without a permit can be charged with illegal possession of firearms. It is a Class 2 misdemeanor punishable by one to six months in jail. But, if your loved one was caught while he or she is on any school property, they could be facing felony charges.

Bailable Offense

As long as the charges are Class 2 misdemeanor, you can post bail to help your loved one get out of jail while awaiting trial.  Bail, however, often comes at an expensive price. What you can do is to look for a reliable bail bondsman in Greenville, NC, who can pay the bail on your loved one’s behalf and assist you with the process.

Possible Defenses

With the help of a trusted lawyer, your loved one can beat the charge with several defenses. Your side may argue that the weapon was not, in fact, a firearm, the weapon possession was for legitimate use, or that the defendant did not use the weapon illegally. 

These are some of the key information you need to know so you can help your loved one get through this ordeal with just minimal consequences. But remember, other factors such as drugs and alcohol may worsen the charges or bail and possibly weaken your defenses.

Legally an Adult, Still a Child of Divorce: The Rules and Your 18-Year-Old

A Teenager Affected by DivorceThe effect of divorce chooses no age – everyone’s affected by it.

When the separation occurs during childhood, the kids have more years to adjust to the idea of step-parents, two homes, and other new things that come with their new life. Life may never be completely normal, but they eventually find their pace.

Your kid might be finally discovering the balance in their new life when suddenly, they turn 18.

Not only does your child finally turn into an adult, but they also have to learn a whole new set of rules concerning the divorce. Ignoring it might be the easiest solution, but most of Colorado Springs’ family law attorneys do not recommend doing so.

The Big 1-8: Legally an Adult, Still a Child

18 is a child’s entryway towards adulthood, but most parents know that 18-year-olds are still children at heart. They have the capability to vote or sign contracts, but their mindset continues to mature. They will most likely still require guidance.

It is a tricky time for parents as their kids scramble towards their self-declared wisdom. They still need parental time and attention, despite their claims for independence.

How do the previous rules of divorce affect a child who just turned 18?

Divorce Rules for the 18-Year-Old

If your child reaches 18 in the middle of a school year and still lives in your house, they are still under your authority. Technically, 18-year-olds can leave school under their own power, but authorities still see them as students – answerable to their parents in numerous ways.

As the adage goes, as long as they live under your roof, the rules still apply to them.

Regarding visitation, however, new adults now have the choice to resist the back-and-forth setup of divorce. If they refuse to be part of the divorce drama, they have a say in it. While the younger siblings remain bound to this rule, your 18-year-old now has the right to say no.

Child support still applies to them, despite no longer being a minor. As long as they are in school, kids may expect support from parents.

Your child reaching the adult age presents new challenges. The routines post-divorce will still apply, but change happens. It’s best to face them head on with respect and communication.

Did the Neighbor’s Dog Bite You? Here’s What You Need to Know about New York’s Dog Bite Law

Dog BitesNo matter how you love dogs, it’s hard to deal with dog bites. Medically speaking, you have to undergo a series of vaccinations — and that’s painful enough. It’s even more difficult if you need to file a personal injury claim against the owner of the dog to recover damages. To help you in this legal matter, here’s a quick overview of the dog bite law in New York:

Strict Liability

In New York, the law states the pet owners have strict liability for the damages and injuries their pets may cause. If the pet has been declared as dangerous, its owner is responsible for any injury it may cause regardless of circumstances. Even if the dog wasn’t declared dangerous, dog bites give you the right to sue the owner and recover medical costs from them.

Recoverable Damages

According to Marc J. Bern & Partners and other personal injury attorneys in New York, a dog bite victim who has been injured due to the bite may sue to recover the following expenses:

  • Medical bills, including anti-rabies vaccinations and related expenses.
  • Income lost during the treatment period and any future lost income should you become incapacitated
  • Property damages, if there’s any
  • Emotional trauma, including developing a new fear of dogs (this is more applicable to children who continually experience nightmares after the attack)
  • Loss of consortium, if the injury somehow ruined your relationship with your family

Most dog owners have homeowner’s liability policies that may cover the costs associated with dog bites. If the dog owner has this type of insurance, the insurance provider will be involved in the lawsuit, as well. So to make sure you’re making the right decisions about your dog bite injury, it is best if you hire a New York lawyer familiar with dog bite accidents.

Trump and A Tale of Two Immigrants: the Green Card Holder and the Dual Citizen

green card lawyers in UtahWhen President Donald Trump signed his immigration executive order, confusion arose everywhere – including at airports and the agencies in charge of the implementation of the order.

The entire ordeal posed a dilemma for two groups of people: US green card holders and people with dual citizenships. For the latter, the order poses a more difficult dilemma, especially if they live in Trump nation and are originally from one of the seven “banned” nations, which includes Libya, Iraq, Iran, Yemen, Syria, Somalia, Yemen, or Sudan.

It doesn’t help that Trump’s officials contradict themselves. During his talk with NBS, White House chief of staff Reince Priebus said green card holders are safe from the new law. Eventually, the White House retracted, saying it will, after all, affect them.

Utah is no stranger to this law. As a result, anyone affected immediately rings up their immigration law and green card lawyer in Utah. Just like those affected in other states, they have one question:

What now?

Green Card Holder from a Banned Nation

The initial interpretation of Trump’s order was simple: despite hailing from one of the seven countries, as long as you have a green card, you should be fine. The White House, however, explained again: doesn’t matter if you hold a green card – you’re still barred.

So what are the implications, for a green card holder from a banned nation?

You can board the plane and return to the US without problems. Once you land, officials will collect fingerprints, documents, and other vital information to secure your identity. Through an interview, border agents will judge if you are a national security risk or not. They also have the discretion to thoroughly question travelers from these countries.

A Dual Citizen from a Banned Nation

The law was a point of confusion for people from the black-listed nations, in possession of valid dual passports. Initial guidelines from the State Department declared dual citizenship holders from a banned nation cannot enter the US.

This means an Iraqi traveler with a Canadian passport cannot enter the country.

Trump’s new immigration law has everyone on the edge of their seats, particularly green card holders and dual citizens. One can only hope that in the end, everything works for the best.

What Impact will Trump’s Immigration Policies have on Your Business?

travel ban in the U.S.U.S. President Donald Trump’s travel ban had a swift impact. Authorities detained people with legitimate visas at airports. Travelers were not able to board their planes to the US. People were deported. The government revoked more than 100,000 visas in a week after President Trump announced his travel ban, according to the U.S. Department of Justice.

Bringing Skilled Workers vs. Outsourcing

Like most businesses, your primary concern is to maximize profits and minimize costs. One of the cost-cutting measures you’re likely to implement is to hire inexpensive foreign workers. This way, your company benefits from specialized skills without exhausting resources. The option, however, requires your application for H-1B visas for your foreign employees.

H-1B visa lets you temporarily employ foreign professionals for specialty occupations that local professionals cannot fill. These include IT, architecture, accounting, biotechnology, engineering, healthcare, and law. The visa lasts for three years, but your company can extend it up to six years. Your company can only apply for the H-1B visa if the foreign professional meets the qualifications, namely a bachelor’s degree, or higher, from an accredited college or university.

For some businesses, bringing foreign professionals is better for the US economy because it creates startups that go on to become Fortune 500 companies, which means more jobs. By comparison, businesses that outsource to other countries tend to make those countries prosperous, leaving some people jobless in the states.

The Complexity of the Process

Application for your foreign employee’s working visa is complex. There are rules that can get confusing without proper guidance. You’ll have to learn about the annual cap on issuing work visas and determine exceptions on the period of stay. If a foreign employee is crucial to one of your departments, you may need that person to stay more than the prescribed six years.

Currently, the US government allows a total of 85,000 new work visas under H-1B; that’s 65,000 for specialty professionals with at least a bachelor’s degree, and 20,000 for those with an advanced degree from a US university.

Further complications may arise soon with President Trump’s announcement of a new immigration executive order. Although details are vague, early reports indicate it will replace the initial travel ban, which the courts suspended.

If your business relies on foreign employees, now, more than ever, you will need legal representation from immigration lawyers.

Saying Goodbye to the Person You Can Never Understand Anymore

Divorcing a Spouse with Personality Disorder in DenverMarriage is never a walk in the park. The union involves two opposing poles, and that sparks occasional misunderstandings. In most cases, spouses can easily resolve their troubles, but what if the trouble is the spouse itself?

Being married to a person suffering from personality disorders is difficult beyond words. Spending each day with a psychological manipulator results in self-doubt and pain; sometimes, it reaches a point where you tell yourself: “I have everything I need, but why am I still unhappy?”

If you are considering divorcing a spouse with personality disorders and are fearful, it’s alright. Fear is a natural feeling that comes with visiting a divorce and family law attorney in Denver

Why You Should Leave

For most people, leaving is not always the go-to option. Despite the years of trying, they think they can still work this out. Some hope for their spouse to miraculously change; one day, they would be free from their personality disorders.

Think about it this way: if this person has much power over intelligent adults, what kind of damage will they inflict on your kids?

Leaving is one of the hardest things to do. It will have negative effects on your finances and social groups, but they will subside eventually. It’s best to leave now with the kids instead of enduring years of torture with a spouse prone to abuse.

What to Expect

Divorcing someone with a personality disorder will not be easy. Most people with this do not easily give in or accept your decision to leave. This means you need to be careful if you plan on telling them about the divorce. If your spouse is the violent kind, vacate the home right after the announcement. Don’t stay; your life could be at risk.

Also, expect false accusations. Some people suffering from personality disorders would turn the tables against you, making themselves look like the victim. Prepare yourself for such cases in court; it’s best to come ready.

When divorcing a spouse with a personality disorder, always keep your guard up. Consider your safety (as well as the children’s) and regret nothing in the end. 

Car Accidents: The Modified Comparative Negligence Defense

Road Accident in IllinoisIllinois is a modified comparative negligence state. This means that in an accident, the recovery of the victim is limited in the event that his or her fault surpasses a specific degree. This means that the alleged victim should be 50% or less at fault, so that he or she could recover from other parties at-fault.

Establishing Modified Comparative Negligence in Vehicle Accidents

To effectively establish modified comparative negligence, you have to prove to the court beyond reasonable doubt that the alleged victim, through his or her own negligence, actually contributed to the vehicle accident to a certain degree. But, what does this mean exactly?

Put simply, every single individual who use the road, motorists, passengers, and pedestrians, are required to use the road with “reasonable care” in order to ensure her or his own safety and the safety of other road users, explains a criminal defense attorney in Springfield, who’s experienced in vehicle accident cases. This basically means that if the victim of a vehicle accident failed to safeguard her or his own safety and those of other road users, she or he was being negligent and would automatically be considered as partly to blame for her or his own injuries. The following are examples of victim conduct that could be considered negligent:

  • Riding in a vehicle with a driver that he or she knows is sleepy, reckless, or drunk.
  • Making unexpected or sudden movements, depending on specific circumstances, as a pedestrian.
  • Speeding when the accident occurred.
  • Meddling with how the driver operates the vehicle.
  • Riding in a vehicle that he or she knows is malfunctioning; has a busted headlight or flat tire.

Put simply, you have to demonstrate that the alleged victim’s negligence really contributed to the vehicle accident. But, take note that if the actions of the alleged victim just made her or his injuries worse, but not really caused the accident, it would be harder for you swing the court’s favor your way.

For instance, if you raised the modified comparative negligence against the alleged victim, the pedestrian who out of nowhere ran in to the road, you have to establish that his or her actions, running into a busy road, played a significant part in her sustaining injuries and causing the accident.

That said, determining the best defense as well as establishing and allocating fault in a vehicle accident could be complicated. You should get an experienced defense attorney on your side to help you build your case.

Non-lawyer Jobs for a Law Degree Holder

Career as a LawyerYou have a law degree which you worked so hard for in the past couple of years. But, due to some unforeseen circumstances, you find yourself unable to pursue a career as a lawyer. Are you doomed? Not really. While that degree may not let you become an attorney, it can still give you a chance to become a legal professional through these non-lawyer jobs.

Paralegal

The number of paralegal certificate programs in and out of the country indicates that it’s one of the fastest-growing careers. Paralegals carry out duties that are similar to those of a lawyer’s, interviewing clients, doing legal presentations and performing other types of procedural work. In essence, they provide assistance to the lawyer. A fresh law graduate can have a significant working experience by working as a paralegal.

HR Manager/Internal Recruiter

At first glance, you may think that a job as an HR manager or internal recruiter is totally unrelated to your law degree, and they may be options you’ll consider only when you’re sure you don’t want to be a lawyer anymore. While it may seem like it, the skills you’ve honed during your stint as a law student are actually very much in line with an HR manager or recruiter’s job description.

An HR manager ensures an orderly workplace, enforcing company rules and regulations. They also make sure that everyone follows them, and isn’t violating anyone’s rights as a member of the company. In the event of disputes, they’re usually the first to step in and handle them. Someone with the extensive legal background can do well in this job.

An internal recruiter, on the other hand, sets the standards for the organization's new hires. For someone who spent years studying legal standards, this is a plausible career choice.

Professor

A successful attorney once urged students to quit law school because, in the words of one of the students, it doesn’t teach you how to become a lawyer. It just teaches you the law. You already have a degree, and it makes a lot of sense to get into teaching law if you don’t see yourself in a courtroom anytime soon.

Have a law degree but not seeing a career as a lawyer? Don’t fret. That degree can still get you jobs, and who knows? Maybe they’ll be a better fit for you.