Tag Archives: law

How to Get Justice for Assault and Battery

Lawyer and client consultationBeing involved in a car crash, or incurring injury from an accident are common causes of personal injury. But many personal injury cases in Queensland also involve assault and battery. Many lawyers in Aitkenvale explain that if you suffer physical injury or pain due to someone’s negligence, you have the right to accuse and sue the offender in a court of law.

Intentional tort

Damages and injuries brought about by intentional harm, also called intentional torts, must still be proven. Before you can claim compensation, you have to file a case and follow it through. The court requires proof of damages before awarding a victim of assault and battery just compensation.

Assault is the intentional harm to a victim, while battery is the physical component. Threatening to harm someone with a knife or gun, as well as any action that places persons in reasonable fear of harm can be seen as assault. The definition of battery is offensive contact in any form and stands in court even when there is no actual injury resulting from the harmful contact.  The court considers assault and battery as consisting of greater wrongdoing—legal wrong purposefully committed. Your petition can be considered as a criminal case instead of a civil one.

Proving intent

Careless, reckless, or negligent actions may cause accidental harm. The intent to cause harm is another story. For the case to be tried as intentional tort, there is a need to prove intent. When someone has done something intentional that resulted in physical injury, there is a need to prove that the actions performed caused the victim pain and suffering. Nevertheless, there is no need to prove that the actions of the offender were directed intentionally to cause the victim harm.

You have the right to accuse a person who has done you harm and make them answer for their deeds. Consult with a personal injury law practitioner today.

Estate Planning Mistakes You Should Avoid

lawyer talking to coupleEstate plans are not exclusively for the rich; everyone has something that needs to be arranged when the inevitable happens. These are valuable assets that you will want the members of your family to have, but sometimes many people do not handle their estate plans well enough. Here are the most common estate planning mistakes people often do.

1. Not updating the plan.

In the course of a lifetime, there will be inevitable changes. People experience deaths, divorces and births. Updating your plan should include these changes but also ensures the property you leave behind is equitably shared among the intended beneficiaries.

You should update your estate plan annually or quarterly, but many estate lawyers often recommend updating it every three to five years, or when a significant life event happens. In such cases, it’s best to consult a lawyer.

2. Not planning for contingencies.

Disability, death, or any other mishap can never be avoided. When they occur, they can have a significant impact on your personal life and finances. It’s when you will need a trusted estate attorney or trustee. They can help you to make critical financial decisions but also help you care for your family even after you pass away.

3. Not hiring professionals.

In Denver, many probate attorneys offer affordable estate planning fees. They can handle your finances and property documentation, records, and other legal aspects. Not only are these professionals important in drafting a comprehensive plan, but they also provide advice on who could take care of your loved ones when you can’t.

Most people will prefer a will to an estate plan. However, a will is just a small part of an estate plan. Unlike a will, an estate plan offers full protection of your heirs and beneficiaries in case of infringement by parties outside the family circles.

Legal Consequences of Assault and Battery Offenses

Lawyer reading a book at a libraryIn the past, people would often settle their differences with fist fights. From the conventional bar altercations to young men fighting over women or what they thought was rightfully theirs, handling differences with fists was the norm. However, times have changed and rarely do now people fight without facing legal consequences.

If you are facing such charges, it is critical to engage the services of a knowledgeable criminal defense attorney in Kent.

Common punishment for assault and battery

Common assault attracts a six-month jail term on the maximum. For a first-time assault offender, a fine is the more likely form of punishment. The expected way of dealing with an assault is self-defense. However, this is a delicate issue that requires a balance between retaliation and genuine self-defense.

For instance, the power employed to defend one’s self, family or property should only be used as a last resort and shouldn’t be excessive to appear like revenge. There is a thin line between retaliation and self-defense, and it is advisable to seek the services of an experienced criminal defense lawyer to have your points eloquently articulated.

Punishment in case of severe injuries

When the physical injuries are severe, the charges for assault are more likely to border towards grievous or actual bodily harm, which carries a much more severe penalty. What is needed to prosecute you is mere evidence of recklessness or intention to cause harm.

If the magistrate court doesn’t find the six-month sentence satisfactory, it might forward the case to the crown court, which can implement a five-year sentence. It is essential to remember that some battery offenses may carry lower maximum sentences than others.

The term assault is usually wrongly interpreted to denote both common assault and battery. Criminal lawyers are sufficiently skilled and experienced to understand that each term is different. Thus, they offer proficient defense strategies to put your name in the clear. Therefore, if you are being charged with battery or assault, seek the services of experienced criminal attorneys for the best possible outcome.

Take Back Your Property with a Bailiff Company

Man lying down with boxes and papers around himFor many landlords, they might find it not easy to remove wayward tenants from their property. Some will give their landlords why they are not ready to move or to even allow you to evict them. In many cases, you need extra help to take back your property.

For many landlords, the only way their tenants would give back property is to call in a property bailiff company. MS Webb & Co. and other bailiff companies have three methods you can do to take control of the situation and regain your property.

Using IPOs

Apply for an Interim Possession Order through your County Court. Once the judge considers and grants your application, you can then ask an enforcement officer to serve the trespassers the order.

This serves as an official order for you to take back your property from those who are occupying it illegally.

Using Court Orders

Typically, court orders take longer to process than IPOs. It takes a lot of time to prepare your final order for possession against the commercial squatters in determining whether you own the property in reference rightfully.

Using Common Law

You may not require the above two court procedures should your circumstance be less complicated and the trespassers are willing to leave. In such cases, you can use Common Law for peaceful repossession of your property.

Many landlords find it hard to remove unauthorised people on their property. Familiarise yourself with all the three procedures to better understand which one to use to remove people legally and properly from your property. These three ways will help you remove people legally and most peaceably, advises a renowned bailiff company with operations all over England and Wales.

Your Company Filed Bankruptcy? Here’s What You Should Do

Bankruptcy service on a keyboardWhen a business files a Chapter 7 bankruptcy, many employees think that they are left with nothing and just have to accept the bitter ending of their company. This isn’t true. There are laws that secure businesses and their employees during bankruptcy. Here’s what you can do with this situation:

Determine period of closure

As an employee, you have the right to know when business is closing down. If the company has over 100 employees, it must comply with the Worker Adjustment and Retraining Notification Act (WARN Act), a labor law that requires companies to provide 60 days of notice before the company shuts down. Small businesses must comply with this as well, but the period of closure depends on its addressing state.

File a proof of claim

The U.S. Bankruptcy Code states that employees are still entitled to receiving wages despite bankruptcy. By filing a proof of claim, workers have the right to receive their remaining salary, unpaid health insurance claims, and not reimbursed expenses. You can download a proof of claim form from the U.S. Courts website. This should answer and submit to a bankruptcy court together with supporting documents, such as promissory notes, invoices, contracts, and salary records.

Check health and pension benefits

A bankruptcy attorney from West Jordan, Utah says that the Employee Retirement Income Security Act (ERISA) safeguards the pension benefits employees have earned during the course of their employment in a company. Check your health and pension benefits through the Department of Labor to secure the points you have worked for before the company’s bankruptcy.

Seek legal representation

Employees have their own rights when experiencing bankruptcy, which entails lots of paperwork. Due to this, it’s only ideal to seek legal representation, especially when filing a claim in court. Hire a bankruptcy lawyer that can give you the best advice on unpaid wages and unclaimed benefits.

Bankruptcy is a sad way to say goodbye to a company. Despite the situation, it is essential to receive what you’ve worked for through proper documentation and legal representation.

Don’t Skip It: Why Jumping Bail Isn’t an Option

Bail Bonds Sign After getting out of jail by paying bail bonds in Wake County, the next step would be to build a strong case and show up for court. While violating your bail terms can be tempting, this can make things worse as this does not exonerate you of your charges. If you’re thinking about not showing up for court, these should convince you to do otherwise.

You’ll Get Arrested Again

Skipping bail is a criminal offense. The court will eventually find out that you jumped your bail, so expect charges for skipping bail along with the crime that got you arrested for when the law catches up. Avoid facing multiple charges and longer jail time by simply showing up on the agreed upon date.

Any Future Bails May Be Denied

Your chances of being able to post bail again in the future decreases if you run away from bail agreement even once. A judge may think twice about setting future bails if you do not hold up your end of the bargain, after all. Thus, it’s best to keep your word and follow what the court tells you to do.

Your Co-Signer Will Get in Trouble

This applies to those who arranged bail with the assistance of a co-signer. If you run away, your co-signer will be responsible for paying your bail bond and put him or her in a bad financial position. If you don’t want your co-signer to land in hot water, do the right thing and show up for court.

You’ll Lose Your Collateral

Bail collateral comes in many forms. It can be cash, jewelry, property, or other valuable assets. If you fail to appear for court, the bail bondsman or the court itself may seize the collateral you used to post bail. You can get your collateral back once the court finds you innocent or if the court drops the case, but to avoid all that, it’s best to show up for your court date.

Failure to show up for court can get you arrested again, deny you of future bails, get your co-signer in trouble, and make you lose your collateral. Instead of running away, take advantage of your temporary freedom by hiring a lawyer to help you escape jail time in a proper and legal manner.


Post-Divorce: Will the Court Allow You to Relocate with Your Child?

childWhen a custodial parent wishes to relocate, it could affect the strength and quality of the continued relationship of both parents with their child. The distance is an important deciding factor. Moving within the same city won’t be an issue, but moving out of the state or country can be a major concern.

Divorceattorneyinlongisland.com noted that Nassau County divorce lawyers could still help with issues that will arise after divorce. If you’re planning to move with your child, then take note of the following:

Do You Need Approval from the Court?

The court grants custody to the parent who has the best interests of the child. As physical custody includes the right to decide where the child will live, then they may allow you to move out as long as it will benefit the child. In some states, the opposite happens. The court may switch the custody to the non-custodial parent, so the environment of your child won’t change.

Regardless of the reason, you should prove that the move isn’t an attempt to separate your ex-partner from your child. Presenting a parenting plan may be necessary to explain how your child will keep in touch with the non-custodial parent.

Do You Need to Give an Early Notice?

This depends on the state, but most require giving an advance written notice a month or two before the day you’re going to move. The court will then give the non-custodial parent specific time to object to the move. If they don’t, then you can move as scheduled.

If they object, then the necessary proceedings have to take place. They need to present evidence that the move won’t do any good to your child. They may also request to modify the custody order by saying that you violated a court order. There’s no need to worry, however, if you have no ulterior motives.

Moving with your child after divorce can be complicated. If you know how the procedure goes in your state, then you could make your move faster.