Austin Divorce Attorney

Our family law attorneys and lawyers are there to walk our clients through very difficult and stressful times

Family Guidance

The objective and philosophy in handling divorce cases is geared towards the client’s best interest with the utmost care

Teamwork

Our goal is to provide the highest quality legal services to our clients at reasonable rates

Divorce

We have experience lawyers in different expertise for more than 5 years. We help you to find justice!

Child Custody

Assure that children will have frequent and continuing contact with parents

Property Distribution

Income or property acquired during the marriage is deemed to be divided in right manner

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Our team has expertise in family law, criminal cases, and personal defenses
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Burglary Defense Lawyers. Do You Really Need One?

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Often individuals wind up in trouble and also looking for burglary defense lawyer. If this is you, the first thing you have to do is locate a certified defense attorney to draw you from it. However, where will you look? Should you depend on the court-appointed defense attorney as your defense attorney? Possibly you are incorrectly being charged, that is most likely to defend your civil liberties? The defense attorney is rather popular. Regardless of if a criminal activity or misdeed was in fact made or otherwise, it is still vital to have a defense attorney existing to assist you to solve your instance.

 

The defense attorney is offered to assist almost anybody in practically any case. Allows state that you are being charged with drug criminal activities. You will certainly require a defense attorney to assist you to win your situation. Possibly it is a situation of remaining in the incorrect area at the incorrect time. Maybe you were adding a close friend. Probably you understand that you did do the criminal offense. In any one of these instances, you will certainly require a defense attorney in order to help you. You require that defense attorney arranges via the fees, to comprehend your side, to analyze the significance of the instance. In severe instances like drug criminal offenses, you could find yourself shed in just what need to be occurring as well as that to the trust fund as your defense attorney. One method to obtain a much better understanding of exactly what drug criminal activities are as well as just what defense attorney do is to look online.

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Where will you locate a defense attorney after that to manage this drug criminal offenses bill? That will you depend do the most effective they can to assist you to leave this circumstance? The defense attorney is offered in every state. However, when you do unknown anybody, should you merely just open up the telephone directory as well as choose a defense attorney? You would certainly not really feel secure with your option in a defense attorney in this manner.

Regardless of what the scenario, whether it is drug criminal offenses or another thing, if you remain in a scenario as well as require defense attorney, you will certainly need to do some study, discover a trusted defense attorney, as well as do your finest in order to help them win your situation. It is difficult to state whether you have a case or otherwise. Just your defense attorney will certainly understand. However, felt confident that your defense attorney will certainly inform you ways to act, just what to claim, as well as just what to do to obtain from your circumstance. The defense attorney is indispensable sources in times of demand like these.

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Domestic Violence Laws and The Things You Need to Know

Domestic violence or abuse under penal code 273.5 is a common problem. Though victims don’t normally come out and publicly speak about it, it happens every day. In fact, in a study conducted by United Nations, 22% of women have experienced domestic violence in her lifetime. This is alarmingly high and it has to stop. Domestic violence laws are implemented to help the victims and empower them to report their abusers. Reporting the abusers will help stop the rising numbers of victims of domestic abuse and violence.

What qualifies as domestic abuse?

Any form of physical, verbal, emotional, economic or sexual abuse from your intimate partner to you or your children (if any) is punishable under the Violence Against Women Act or VAWA. This is the law implemented in 1994 in response to issues regarding domestic violence and abuse. In 2000 VAWA was expanded in order to cover crimes regarding dating violence and stalking. Immigrant victims were also given visas that allow them to stay in the US. Further steps to help the victims were also implemented. In 2013, housing protection and federally subsidized housing were also expanded to provide the much needed help for victims.

People in abusive relationships don’t often realize that they are being abused. They are often so “in love” that they make excuses for when they are violated by their spouse or intimate partners. Often, they only report domestic abuse and violence when the harm done to them is so severe that they have to seek medical help. But that does not have to be the case.

What should you do if you are a victim of domestic abuse and violence?

The first step is to report the abuse to local authorities. It is the local authorities who can give you the immediate help you may need. Local District Attorneys will refer the case to United States Attorneys Office if it is applicable for federal prosecution.

Who can I call for help?

Local authorities will be the first to be able to give you assistance in cases of emergency. The National Domestic Violence Hotline can also refer you to other local community-organized service provider that can help you with your immediate need. They also provide critical information you may need as well as safety planning and crisis intervention.

There are also many non-government organizations that specifically help in victims of domestic violence and abuse. Domestic violence shelters are available to victims who are looking for places to stay to get away from their abusers. Victims and their children are provided with safe houses where the addresses are confidential to protect them if their abusers try to look for them or contact them. Though they can only stay for a limited amount of time, they are provided with the help they need in order to start their lives again, like finding a job.

National Coalition Against Domestic Violence or NCADV is one of the many non-government organizations or NGOs that helps victims of domestic violence and abuse. Other than pushing for policy changes, they also have programs like The Cosmetic and Reconstructive Surgery Program where they provide free cosmetic and reconstructive surgeries to victims who cannot afford it. The surgeries are to help correct physical damages and erase scars left by the abusers.

Domestic abuse and violence is everywhere and it can happen to anyone. You are not alone. If you know anyone who might be a victim, help that person. Know that you can do something about it and you are protected through the domestic violence laws.

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Misdemeanor DUI for First Time Offenders

In all 50 states, first time offenders arrested for DUI or driving under the influence offences are often charged with misdemeanor DUI which is considered a less serious crime. As a matter of fact, in some states, even if this is not your first time getting charged for DUI, you may still get a lesser charge of misdemeanor DUI as long as long the time interval for the DUI offenses is in years. Some states require that it has to be 5 to 7 years interval while some states may require less time interval. Check your state laws but it is simply better to just not drive when you have had one too many drinks because even misdemeanor DUI charges have some hefty punishments.

Fines and Probation
Since misdemeanor DUI charges are considered lesser crime to felony DUI, it does not carry prison time punishments. The punishment for first time offenders of misdemeanor DUI is usually just fines and probation. The amount of the fine is decided by the court but can range from $1,000 to $5,000. If damages to property, private or public, are made, then the fines may become more expensive. Probation may include community service and attending an alcohol education program, it will all depend on the court. Your license will also be most likely suspended for a period of time. Here are a few potential penalties for a misdemeanor DUI. Different states implement different laws regarding DUI charges and their corresponding punishment and a lot of times, the judge will have the last say on the severity of punishment that fits your crime.

Exemptions for First Time DUI Offenders
As mentioned earlier in the article, first time offenders of DUI are often charged with a misdemeanor DUI charge but in some cases, a felony DUI is charged because of certain circumstances. These circumstances may include:

  1. Attacking the police in charge – Sometimes, intoxicated people exhibit uncharacteristically violent attitude upon arrest. But if you attack an officer conducting the test to determine if you can be charged with DUI, then unfortunately for you, you will be charged with a felony even if it is the first time for you.
  2. If blood alcohol content (BAC) is double the legal limit – The usual legal limit for BAC is .08% in most states, if you are arrested with a BAC of double that, which is .15%, then you can be charged with a felony charge.
  3. Having a minor in car while driving under the influence – If you are driving around while drunk with a minor, it is an immediate ground for a felony DUI.
  4. Death or fatal bodily harm is inflicted on an individual – A lot of DUI cases do not end well. In fact, most road accidents happen when the driver is under the influence while driving. If you are found to be driving under the influence and on top of that, you have caused fatal body harm on another person or death, then a charge automatically becomes a felony DUI.

Driving without license due to suspended license for a previous DUI charge – This is a considered a deliberate disregard for the law so it is immediately considered a felony charge.

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Chapter 13 Bankruptcy – What You Need To Know

Filing for bankruptcy is not an easy decision. For one, a debtor must first know which chapter is most appropriate in his circumstance and his goals. It is best to get help and/or advice from a lawyer or an expert on this issue before moving ahead with the process. The chapter 13 bankruptcy is a viable solution for people who wish to keep his/her property and pay the debts through a plan made with the help of credit counselor. The payment plan which generally spans 3 to 5 years will help debtors stop a foreclosure process on their homes, improve the untimely payments of mortgage and pay secured debts in longer time schedule making the payments more manageable.

Are you qualified?

Chapter 13 bankruptcy is only available for individuals and not business entity. Therefore, debts must be under your personal name and not under your business (corporation or LLC). Your unsecured debts must also be less than $394,725 and secured debts must not exceed $1,184,200. These figures are adjusted every few years to account for market inflation.

You must complete a credit counseling and has not had a dismissed bankruptcy case due to violation of court order or inability to pay the required fees for the bankruptcy case. Upon completion of your credit counseling, you must also complete a repayment plan for your outstanding debts. This repayment plan is very important since this must be presented to the court and will be the basis of whether your case will be dismissed or not.

A debtor must also have a regular monthly income by having a secured employment or through operating an unincorporated business. You can prove this by producing documents like pay slips and/or income tax returns.

How to proceed with a chapter 13 bankruptcy case

After determining that you are qualified to file under chapter 13 bankruptcy, the first step is to secure form to file for a petition. Along with the forms, you must provide other documents necessary like:

  1. List of assets and liabilities
  2. List of income, yours and your spouse (if any) and expenses
  3. Lists of creditors
  4. List of unexpired rents and executor contracts
  5. Certificate that you have completed credit counseling and your repayment plan
  6. Payments slips of the last 60 days with a statement of further increase in income
  7. List of student loans (if any)
  8. Present year’s tax return copy for your trustee as well as the tax return approved within the years under the repayment plan.

Once all these documents have been provided, you proceed with the filing and the payment for the administrative fees. The fees are paid to the court clerk and can be paid in installments but must not exceed 4 installments. Here’s a guide as well on how you can proceed through a Chapter 13 bankruptcy.

Once the filing is completed the court will assign a trustee to your case. The trustee will serve as the point person between you, the debtor, and your creditors.  This is necessary since, if or when the court approves your bankruptcy petition, the creditors are to cease all direct communication to you.

The trustee will also evaluate your repayment plan and communicate with your creditors to explain to them your plan on how to pay them. This is where the document of list of creditors is important. All these creditors, you and he trustee will meet and evaluate the plan. Once all creditors agree, the plan will be evaluated by the court and then be decided whether it will be approved or dismissed.