Family Law

Family law consists of statutes and case decisions that govern the legal duties between and among individuals who share a domestic connection. Family law usually involves parties who are related by blood or marriage, but could also affect parties in more distant relationships. Family law in the United States developed within each state. As a result, American family law varies significantly from one state to another. Despite the differences in family legislation and procedure, new trends in family issues, as well as the federal government's desire to create a uniform system of family law, general principles have become increasingly shared in all states and territories.

Most of the cases involving family law arise from the termination of marriage or romantic relationship. Divorce and annulment are part of family law. Dispute on alimony, child custody, visitation and support accompany divorce and annulment. Divorce is a messy proceeding that requires the expertise of attorneys. Divorce is also a complicated law by itself, especially when it comes to the division of property. Laws on property division greatly from one state to another, thus an attorney handling divorce proceedings must not only be knowledgeable on divorce law, but also on property law. Family law also governs the relationship between two individuals before marriage in the drafting of prenuptial agreements. In prenuptial agreements, which are enforced upon divorce, couples can opt out from a state's default rules on property division, but the terms of prenuptial agreements must still adhere to requirements laid out by the state. In addition to defending a spouse in a divorce proceeding, an attorney also has the capability and knowledge to seek out assets that the other spouse may try to hide from the other spouse so that that property cannot be reached by any order directing the division of such assets.

In addition to divorce, one of the most common issues relating to family law is domestic violence, which does not just involve current or former spouses, but also children and other members of the family. Domestic violence is a criminal offense that is punishable by both fines and incarceration. Domestic violence cases also go through the same process as a criminal case, although, because of the intimate nature of the relationship of the parties, the cases are often emotionally draining. Plaintiffs in domestic violence cases need to hire an expert attorney to, not just argue on family law, but also on criminal law.

Another exhausting litigation relating to family law is child custody. In uncontested cases, child custody may go smoothly. Contested child custody cases are battles, with the parties often already distrustful with each other. When child custody cases arise from domestic violence, the battle becomes more wearisome as the aggrieved party would be zealous to win custody of their children and fight for a protective order against the domestic violence abuser. Child custody cases are also emotionally draining especially for children subject to such proceedings as they need to be present in the trial for the court to determine their best interest.

Another difficult case accompanying child custody would be child support. The determination of how much each parent need to contribute to the rearing of the child is lengthy and may require numerous modifications. The bulk of a family law attorney's responsibility in child support cases would be arguing for their clients in modification proceedings.

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Domestic Violence Law - Legal Information and Resources

Domestic Violence Law

Domestic violence is an act of violence committed, usually, by a partner against an "intimate partner, usually by the use of physical force or deadly weapon, which act results to economic, emotional and physical damages. "Inmate partner" include current legally-married spouse, former spouse, a person who is cohabiting or who has cohabited, and a person whom the partner shares a child with. Domestic violence is not just committed by a partner against an intimate partner, but also by a parent against his or her children, or a guardian against his or her ward. Domestic violence is also not defined by the use of physical strength or deadly weapon, but also by any attempted use of either physical strength or deadly weapon.

Domestic violence is a crime in the United States. This crime is punishable by law through state and federal rules and regulations. Majority of domestic violence issues are governed by state laws and statutes. The Violence Against Women Act of 1994 was passed by Congress to recognize that domestic violence is a national crime. The Gun Control Act was also expanded to mandate that domestic violence abusers are legally prohibited from possessing guns.

The VAWA has jurisdiction over U.S. territories, including Indian country and military bases. Under the VAWA, it is a federal crime when one partner crosses state lines and physically injures a partner, stalk or harass a partner, and violate a protection order. Under the Gun Control Act, a domestic violence abuser commits a crime when he or she possess a firearm subject to a qualifying protection Order; and when he or she possesses a firearm following that person's conviction of a crime of domestic violence.

The VAWA affords the victim certain protections, such as the right to a fair trial, right to restitution, and right to protective orders. In a VAWA case, the Court must order restitution to pay the victim the full amount of loss, which include medical and psychological care costs, housing, child care expenses, loss of employment wages, attorney's fees, costs incurred in obtaining a civil protection order, and any other losses.

Litigating a VAWA case is not as easy to showing the court bruises inflicted by a partner or a member of the family. The plaintiff needs to prove that the perpetrator's behavior and their relationship meet certain standards set by law. The establishment of such behavior and relationship will need the expertise of a domestic violence law attorney as the required standards differ from state to state. Moreover, in order for a plaintiff to receive full amount of loss, the plaintiff must keep a record of all expenses caused by the domestic violence crime. This shows that a victim need to avail the assistance of a domestic violence law attorney prior to initiating any suit against the perpetrator. Domestic violence has profound effects on both perpetrator and victim and may scar them for the rest of their lives. A domestic violence law attorney can help either perpetrator or victim sort out differences the least emotional way.

Areas of Law