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Need Serious (Quick) Help, Legal Question, Self Representation, Divorce And Child Custody?
This Is A Long Question, But Please Take The Time To Read It.
I'Ll Start From The Beginning, I Have Been Married For A Few Years, The Relationship Started Getting Very Rocky As Soon As He Moved Me Away From My Family And Surrounded Me With His, This Is When I Think He Felt Like He Had Me Trapped, I Was Married To Him, Pregnant With His Child And Away From Anyone I Knew. He Began To Be Very Controlling. We Have A Little Girl Now, Who Is The Light Of My Life, And Whom I Love More Than Words Can Possibly Express. Recently Some Of My Family Came To Live With Us, And Even Though He Didn'T Like It, He'S Scared Of Everyone Except Me And Never Had The Balls To Tell Them To Leave. I Have Been A Stay-At-Home Mom Since My Daughter Was Born, That Was A Decision We Both Made. I, However, Wanted To Go To School, My Husband Didn'T Like This Idea. When My Family Was Here Though, I Was Less Scared And Enrolled Myself In Ged Classes And Made Plans To Attend College. I'D Asked My Husband For A Divorce Before, And He'D Made It Very Clear That He Didn'T Want One And He Would Contest It. I Didn'T Have Enough Money For A Lawyer For A Contested Divorce, So My Plan Was To Stick It Out Until I Graduated In A Couple Years And Then Leave Him. I Never Had Access To The Bank Account Or Any Of The Money Other Than The Cash He Would Reluctantly Give Me For Groceries. He Became Very Uncomfortable When It Became Clear That I Was Serious About Getting My Education And Also Because I Now Had Someone Around To Stand Up For Me Other Than Myself. We Got In A Huge Fight And Again I Asked For A Divorce, He Again Said No, But Started To Drain Our Bank Account Of The Few Thousand Dollars We Had In There, Behind My Back And Unbeknownst To Me. He Hired A Lawyer, Had Some Papers Drawn Up, Including Divorce Papers, But Also A Restraining Order Against Me, Preventing Me From Having Custody Of My Daughter (On The Grounds That I Would Somehow Drive 400 Miles To The Rest Of My Family, With The Car That He Knew Had No Gas, But Then Not Have Enough Money To Provide Her With Basic Necessities Once I Arrived), All Of This Behind My Back. I Was Served These Papers On The 30Th Of Last Month, They Took My Daughter Away, And I Have Been Frantically Trying To Find Legal Help Ever Since. On The Restraining Order, It Said That I Have A Hearing On Monday The 13Th And That This Is Going To Be Held In A Town I'Ve Never Heard Of, About An Hour An A Half Away, Apparently There Is Only One Chancellery Judge In The Area And He Serves 7 Counties, I Guess This Was His Soonest Available Date. I Have Talked To Every Lawyer In Town (Which Is Only 3) But All Need At Least A Grand To Do Anything For Me. One Promised To Let Me Make Payments, But After Waiting A Week For An Appointment And Selling Things To Get The $150 Consultation Fee, Told Me That He Would Need Almost 2 Grand Up Front. I Tried Everything I Could Think Of To Get The Money, Called Everyone I Knew, But No Luck. There Is One Legal Aid Service In This Area, I'Ve Been Calling And Leaving Messages For Them Almost Everyday Since She Was Taken Away But So Far They Have No Returned One Call. I Went To Their Office And Was Just Given An Extension Number To Try On The Number I'D Already Been Calling, Left A New Message For This Person, Still No Return Calls, I Guess They Are Very Busy. I'Ve Tried To Obtain A Court Advocate, But The People In My County Won'T Drive That Far, And I Can'T Get A Hold Of Anyone In The County The Hearing Is Being Held In Until Monday, Which Is Obviously Too Late. So, It Looks Like I'M Going To Be Walking In There Alone, Representing Myself. I Have Two Family Witnesses That Have Seen Him Be Violent Towards Me, They'Ve Also Seen Him Be Extremely Neglectful Of My Child. I Have Pictures Of My Daughter'S Living Conditions Now (She Is Staying With My Husband And His Mother), Which Are Deplorable And Dangerous. I'Ve Called Dcs, But I'Ve Been Told They Will Not Investigate Since There We Are Involved In This Court Thing And There Is Really Nothing I Can Do About It. I May Be Still Able To Obtain A Picture Of A Bruise That He Left On Me, He Deleted It From My Phone, But I'Ve Been Told With The Right Software It May Be Recoverable (I'M Waiting On A Cell Phone Data Cable I Ordered To Arrive, Hopefully Sometime Today). My Case Is Very Good, The Problem Is, He Has A Lawyer And I Don'T. I Don'T Know What Kind Of Lies They Are Going To Make Up, And I Have No One To Question Him And Trip Him Up In His Lies. I Don'T Know The Legal Procedures For Submitting Evidence, Or Asking Questions, Or Anything Really. I Have No Court Experience. Even If You Don'T Have Much Law Knowledge, If You'Ve Been Through Anything Like This And Can Tell Me What It'S Like And What To Expect, I Would Really Appreciate It. If You Do Have Some Law Knowledge, That'S Even Better Because I Desperately Need It.
You are in a tough situation. It looks as though you may need to represent yourself.
Here's what you do.
1- Sit down and document the marriage from beginning until now. Write everything down, try to remember dates, names, places. Find as much evidence as possible, pictures, emails, texts, receipts.
2- Bring all the evidence you can to prove you are a good mother. EVERYTHING. All the things you own of your child's. All the information you know. Bring signed statements from your child's doctor, dentist, daycare provider, all attesting to your character.
3- Demand that an investigation be done into the living conditions of your daughter, and ask that a judge also investigate you. To show and prove you are a responsible person and there is no evidence to show otherwise.
Here's the deal, likely if you have no convictions of any kind, you will get your daughter back.
After that's dealt with. FIND A LAWYER. Go to legal aid. You can't do this without one.
Probate Attorney- What's The Cost / And Purpose? ?
How Much Does It Usually Cost To Use A Probate Attourney. My Mom Passed Away And Left Money To Myself And Sister. Is It Necessary To Use An Attourney Or Is An Accountant Ok? How Long Should A Inheritence Take To Settle Through Probate Court And How Can An Attourney Speed Things Up? Finally, If My Sister Is Executer Of The Estate , Would It Be Wise And Should I Alone Use An Attourney?
The length of time: almost always takes one year. Second, the cost of the probate lawyer varies with the size and complexity of the estate. Usually, "complexity" is defined by claims against the estate and the amount of assets to be included in the estate for tax purposes. The mortgage debt on your mom's home needs to be paid off before any distribution. I realize that your late mom have sold her home due to age or she may have a medical debt. There are multiple issues. Most important, I hope you and your sister work together to divide the physical property. That there is high level of compromise between you. If the estate is a 7 figure or a modest estate then the ability to settle between the two of you will vary if compromise is not exercised. The executor should have approx. 5 certified copies of the death certificate. The government grows more complex with each decade. "Be prepared" would be my motto. Sorry for your loss and I hope all goes well over the next year.
How Come Voluntary Intoxication Is A Legal Defense?
It Doesn'T Make Any Sense
It is only a defense to crimes involving a "specific intent."
Contemporary society negates criminal liability if the perpetrator does not have the "mens rea" or mental capacity to commit the crime. Voluntary intoxication negates mental capacity.
An argument can be made that the mental intent involved in voluntary intoxication was intentional; i.e., nobody forced the perpetrator to get drunk, he did that on his own. As such, he should not be given the luxury of having his impaired intent to commit the crime negate his liability.
Personally, I agree with you. I understand the law but feel that unless someone forces the alcohol down the perpetrator's throat, he should not be allowed to use intoxication as a defense. Most drunks get drunk using their personal free will to do so.
FYI, voluntary intoxication negates the intent in crimes such as First-degree murder, burglary, and larceny. There are other crimes, but those are the only specific intent crimes I can think of off the top of my head.
What Are Your Top 5 Tv Shows?
Law And Order
Nice another Office fan.
1 The Office
2 Ace of Cakes (don't judge me, i like cake)
3 The Daily Show
4 The Colbert Report
5 Family Guy
Really I watched a ton of TV, I could list dozens of shows I enjoy.
What Is The Benefit Of Dividing Canadian Law Into Civil Law And Criminal Law?
I Was Also Wondering If The Court Procedure For The Civil Law Only Has The Defendant, Plaintiff, And The Judge, Or If It Also Has The Prosecution Like In The Courts For Criminal Law?
Criminal law has a very different purpose than other sorts of law. We as a society have determined that there are some acts so undesireable that people who commit them should be punished. The criminal justice system is designed to see appropriate punishments administered. It's about the blameworthiness of the criminal.
The civil courts, on the other hand, are designed to provide a remedy to individuals who have been wronged. Under most circumstances, it's fundamentally about the entitlements of the plaintiff.
Under the vast majority of circumstances, there's nobody prosecuting anything in a civil court. You're not there because an offence has been committed.
Mind you, there are also "quasi-criminal" laws in Canada, usually enacted by the Province. The Provinces don't have the constitutional power to enact criminal laws; however, they are empowered to regulate a great many things. Thus, they regulate your activities on the highway...so when you're charged with going 130kph in a 100 zone, it's not strictly a criminal offence, though you will be prosecuted for it in a model very similar to the criminal model.
Under 18 Assault/ Battery Charges?
Im A 16 Year Old Female.
Tomorrow Im Probably Going To Be Getting In A Fight With A Girl Who Beat Me Up A Few Months Ago. This Is My First Chance To Redeem Myself. At The Last Fight I Said I Was Gonna Call The Cops But Later Didnt Cause My Boyfriend Talked Me Out Of It.
And Since She Won She Didnt Call The Cops.
But Tomorrow, I Know Ill Win.
And I Have A Feeling Shes Gonna Call The Cops
My Question Is What Would The Charge (If Any) Be On Eiter Of Us?
And Would That Be A Misdemeanor Or Something More?
Note: Ive Been Arrested Before
Wow. You would be so incredibly stupid to attack someone tomorrow or ever. Preschoolers understand that you are required to keep your hands to yourself.
Oh yes, it will be something more than a misdemeanor - because you are PLANNING this. This isn't going to be a spur of the moment situation. You are plotting and planning the assault and battery of this other person. Even if you lose the fight tomorrow, you would still be facing a felony charge.
And if you think that because you're a minor that your record gets wiped clean - you'd better think again. In most states, felonies committed by a minor don't automatically get sealed. In my state, you would have to wait ten years after you were completely done with your probation, etc. to APPLY to get your record sealed. This means you would have a felony conviction on your record until you were 28 - and that only assumes that you are able to stay out of trouble for that ten year period. And you can kiss college and good jobs goodbye when you have a felony conviction for assault.
Also, are you hoping to get married and have children some day? The divorce rate is about 50% so it is very likely that you will be in a custody battle with your future ex-husband over your children. You had better believe that an assault and battery conviction will be used against you for the rest of your life.