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October 2014 Archives

Why Do Victims Return to, or Stay, with an Abuser?

Until recently, domestic violence was a topic that was largely swept under the carpet so to speak. Victims rarely admitted to being a victim. Abusers rarely sought help for their conduct and law enforcement usually considered the problem a "family" matter, meaning they did not intervene. All of this, of course, served to perpetuate the cycle of abuse. In the 21st century, however, domestic violence is no longer a taboo topic. Despite this, many victims return, or stay, with an abuser. Why? There is no simple answer to why victims return, or stay, with an abuser; however, there are some common reasons.

Can I Get a Hardship License in New York?

If you are arrested and charged with driving while intoxicated or driving under the influence, DWI/DUI, in the State of New York your driving privileges will likely be suspended at your initial hearing, or arraignment. For most people, the ability to operate a motor vehicle is not a luxury -- it is a necessity. Having your license suspended, therefore, can create a serious problem. Fortunately, you may be able to get a hardship license in New York if you can prove that the inability to drive creates an "extreme hardship." Only an experienced New York criminal defense attorney can evaluate your specific circumstances and advise you regarding your ability to obtain a hardship license; however, a basic understanding of the New York hardship law may be beneficial in the meantime.

Shoplifting in Queens: What Is the Penalty for a First Time Offense?

If you have been charged with shoplifting in Queens you are not alone. Shoplifting is one of the most commonly charged criminal offenses in Queens. Although it may seem like a minor crime and, therefore, nothing to worry overmuch about, shoplifting is considered a crime of dishonesty. As such, it could be an obstacle to employment down the road or even to qualifying for a professional license. Working with an experienced Queens criminal defense attorney is the best way to avoid a conviction for shoplifting. In the meantime, it may be beneficial to understand how shoplifting is charged in Queens and the potential penalties should you be convicted.

What Kind of Damages Can You Sue for in a Defective Product Lawsuit?

Each year, billions of products are introduced into the United States marketplace. As a consumer, you undoubtedly trust that the products you purchase and use are safe and free from harmful defects. Although the U.S. has some of the most stringent safety laws in the world, the reality is that defective products to still make it into the hands of consumers. As a victim, you may wonder what kind of damages you can sue for in a defective product lawsuit in New York.

How to Do a Name Change in New York State?

Your name defines who you are. It often gives people an impression of you before they even meet you. Unfortunately, you don't get to choose your name at birth or adoption though. So what happens if you want to change your name? Whether you simply don't like the name you were given, want to change your name after a divorce, or are in fear of an abuser and wish to make it harder for the individual to locate you, it is possible to do a name change in New York.

Can a Civil Protection Order Put an Abuser in Jail?

Although domestic violence was once largely ignored by law enforcement and the courts, it is now taken very seriously by both. In fact, an alleged victim is often able to get a judge to approve a civil protection order without the alleged abuser having the opportunity to object to the order or defend the allegations found in the order. The reasoning behind this is simple - better safe than sorry. Whether you are the alleged victim or abuser, you may be asking " Can a civil protection order put an abuser in jail? " Once an order has been issued, violating the order can indeed result in the respondent going to jail.

What Will an OSHA Inspection Entail?

Whether you are a worker or an employer, chances are good that at some point you will be present during an inspection conducted by the Occupational Safety and Health Administration, or OSHA. An OSHA inspection can be somewhat intimidating, particularly if you are unfamiliar with the purpose of the inspection and you do not know what to expect during and after the inspection.

The Different Felony Categories in New York

Having a criminal conviction on your permanent record can be damaging in many ways. A felony conviction is even worse. A crime is considered a felony when the potential sentence includes a prison term of a year or more. According to penal law in the State of New York, there are five different felony classes and two subcategories. Each of those categories are then further divided into violent and non-violent crimes.

Do You Recommend that A Purchaser Obtain Title Insurance?

Purchasing real property is typically a complex, lengthy, and often confusing, process. It is also frequently the single biggest purchase you will make over the course of your lifetime. Part of the reason why the home buying process takes so long is that there are a number of important legal steps involved in the purchase of real property. One of those steps is usually the purchase of title insurance. In fact, we strongly recommend that a purchaser obtain title insurance to protect their investment. To understand why title insurance is recommended it helps to understand what title insurance is and how it protects you and your money.

Grounds for Divorce in the State of New York

Marriage can be difficult under the best of circumstances. Sometimes, the difficulties become too much to try and overcome and the partners choose to file for divorce. If you find yourself in a marriage that is broken and you are ready to take the steps necessary to file for divorce, understanding the different grounds or "reasons" accepted by the State of New York will be beneficial.

Do Landlords and Tenants Have to Have a Written Lease Agreement in New York?

If you are planning to rent a property in New York, or are already a renter, you should have a lease agreement with your landlord. One questions that tenants often have is " Do landlords and tenants have to have a written lease agreement in New York? " In most cases a written lease agreement is not required; however, there are a variety of reasons why you should reduce your lease agreement to written instead of depending on an oral agreement.

How Long Does It Take a Lawsuit to Get to Trial?

At some point during your lifetime there is a good chance that you will be involved in a lawsuit. Whether you believe it is a good thing, or a bad thing, the reality is that the United States is a litigious society. Disputes are resolved through the court system in the U.S. If you suddenly find yourself as the Plaintiff or the Defendant in a lawsuit you may have numerous questions, such as " How long does it take a lawsuit to get to trial? " There is no easy answer to that question; however, understanding a bit more about the path a lawsuit takes through the court system and the factors that will influence the life span of a lawsuit may provide you with some guidance.

Who Pays for Medical Insurance for Children in a Divorce?

When the decision to end a marriage through divorce has been made, a number of practical considerations must follow. Dividing the marital assets and debts, for example, must be accomplished during the divorce. If minor children are involved issues relating to custody, visitation, and support must be considered. Support of the minor children does not refer solely to a monthly check paid by the non-custodial parent to the custodial parent. Support also refers to issues such as who pays for medical insurance for children in a divorce.