149 FAQs where found , 30 in this page
Any person can put a restraining order against someone. You have to be at least, 12 years of age to put a restrain order. Learn More
Temporary restraining orders last for three weeks. The order is not valid until the abuser gets notified of the restrained order. When the abuser goes to the court hearing, the judge will decide how long the restrain order will last. The orders can last up to 5 years. Learn More
In order to get a restraining order, you need to speak to one of Gallardos lawyers. You need your Domestic violence attorney Miami to petition for a lift. Before filing this petition, you need to follow it for some time. This will prove your sincerity to the judge and to the person who filed the order against you. Learn More
No, the judge will always find fault against the abuser. Divorce law information clearly states that any partner guilty of household violence will always be at fault. It is not too hard proving domestic abuse divorce. Learn More
Home abuse causes a lot of harm to society. It is estimated that the total cost of injuries cost $44 million dollars a year. Household violence also causes homelessness. About 50% of all homeless are women and children fleeing from a domestic abusive family member. The entire cost of all lifetime victims exceeds the $96 billion dollars. Learn More
Home abuse affects children in many negative ways. Some may even grow up into future perpetrators of home abuse. Statistic shows that 20% of domestic abuse perpetrators where former victims of home abuse. Learn More
Domestic abuse affects the women and children. Children themselves may not be abused. However, they become traumatized when they see one of their parents engaging in home abuse. Learn More
According to 32-nation study by the University of New Hampshire, women are as likely as men to engage in household violence. However, men are rarely willing to talk about abuses. About 32% of men have experience some sort of home abuse perpetrated by a girlfriend. This rate was twice as large among teenage women. These women generally used to kick, push or threaten their male partners. They also use weapons more often than men. Based on the questionnaires below are the three main reasons why women abuse men: Struck partner because he refused to listen. Struck partner because he was not being attentive to her needs. Struck partner to call his attention. Learn More
Many believe that the most home abuse comes about because of alcohol or substance abuse. However, abusers use substance abuse as an excuse to perpetrating home violence. Violence is used to exert control over a person. It does not technically come about when a person loses control. Learn More
Poverty has been known to increase the cases of household violence. This was well noted by the increase that occurred as a result of the 2008 recession. Their inability to get out of financial problems tends to frustrate the provider, making them angrier. They may at times perpetrate home abuse to vent their frustrations. Learn More
Aside from physical injuries, battered wives and husband may suffer from chronic pain, psychosomatic symptoms, and eating problems. Former abused women run higher risk of getting an unplanned pregnancy or a serious STDs. Learn More
Household violence puts a strain on the economy. Just having to pay for injuries costs millions of dollars a year. Victims themselves have a hard time becoming or staying productive members of society. Many must miss work at least 5 times, per month. This loss of productivity damages the economy. Learn More
The fees depend on the case. Many law firms have flat fees, regardless of the case. Learn More
All legally married couples that end their relationship have acquired common possessions that need to be distributed equally between the two after separation. Learn More
If the person who has died didn’t leave a testament explaining how their assets are divided, then everything will be handed over to the widow or widower. Learn More
Since the property is under one person’s name, you have no right over that house, but you could prove that you contributed to the purchase of the property, the monthly payments to the bank and the house’s maintenance, so as to begin a legal battle for equitable division of property in Miami, Florida. Learn More
Under Family laws in Florida, every married couple has the right to divide their assets equally. But in your particular case, the judge would make an exception, since it can be proved that your spouse is well financially thanks to your work and efforts when you spent so much time at home taking care of the children; and were unable to advance your career or find a good job to keep you financially stable in case a separation occurs. Learn More
The most important thing is the welfare of your children. If you live together with the kids, and the judge ruled that you have permanent custody of the children, then the house could be yours. It’s not advisable to take your children out of their natural environment, and change schools where they already feel comfortable. But you must decide with the Equal Housing Fund of Florida how you can pay your spouse the part of the house that belongs to them. Learn More
With the prenuptial agreement, you are not entitled to the assets obtained during the marriage, in case of separation. Therefore, we recommend that if you sign a prenuptial agreement, then you are careful with the possessions acquired that are not legally under your name. Learn More
Prenuptial agreements are established by people who need to ensure the preservation of all their assets in the event of a separation. Learn More
Yes, of course, if you are legally married, after a separation, you have the right to request the equal division of any real estate that includes everything that you accumulated during that time, including the division of mobile homes. Learn More
Yes, it is. The agreement for the divorce decree was established based on the information obtained at the moment of divorce. The judge states to report any financial changes to the court as it happens. Learn More
Family lawyers in Miami will help in revising divorce settlements established. When you sign the divorce decree, it is mandatory to comply with the terms thereof. Ignorance can bring future problems if you violate any order. Failure to comply with a court order can lead to contempt and thus to jail. It is therefore very important that you contact one of the attorneys in Gallardo Law Firm to represent you with your legal issues. Learn More
Within the reasons to modify the divorce decree we find: Changing in incomes, earning capacity or employment Variation of the needs of the dependents Variation in the medical expenses of a party Alteration in the mental, or emotional health of a party Learn More
Visits to children is one of the rights in the divorce agreement. If your former spouse does not allow you to visit your children, you need to start a legal proceeding to enforce your visitation rights. You will need to have the dates of the visits well documented to prove it. Learn More
Although bankruptcy removes the financial troubles of individuals, does not free from responsibilities to fulfill the obligations they have following the dissolution of marriage. Therefore bankruptcy does not eliminate the problems of non-compliance by divorce so you might be charged with contempt. Learn More
By violating the divorce decree the individual is disobeying a direct order from the judge and in turn is committing a family crime, because that attitude affects the whole family that depends on the help that it can offer. Enforcing a divorce settlement is one of the tasks run by family lawyers, so it is important to report the incident to the appropriate authorities. Learn More
First, ask about the lawyer’s experience. Does the attorney have experience in family law? What kinds of cases does the firm usually accept? How long have the attorney been practicing family law? Also, ask the lawyer how he or she expects to be paid. Some attorneys request that you offer a retainer, and others charge an hourly rate. Make sure to ask what the hourly rate is to speak to the firm’s paralegals and secretaries. Sometimes, attorneys charge fees for photocopying documents, filing papers and the lawyer’s travel expenses, so remember to ask about these as well. Ask the family law attorneys you interview to estimate how much they believe your case will cost in total. This will help you narrow down your choices if money is a factor. Inquire into how they arrive at their estimations. Communication is another important issue. It will be very important for you to be in contact with your lawyer. Therefore, ask the family law attorneys how they plan to communicate with you. Ask them how they would like you to get in touch with them when you have questions. The practice of law can be a collaborative effort, or the attorney may work on his or her own. Ask the lawyers that you interview if they will personally handle your case or receive help from other staff members. If the attorney that you interview is going to handle the situation without assistance, ask her if she believes that she has time to give your case all the attention that it deserves. Learn More
You cannot obtain a legal separation in Miami because Florida is a no-fault divorce state. However, you can separate from your spouse and essentially achieve the same results. In Miami, most couples claim that the marriage is broken to the point where it would be impossible to put it back together again. Then, they file for Support Unconnected with Dissolution of Marriage that allows them to live separately with the court’s approval of their terms. Learn More
You cannot request that your spouse leave the house. The fact that you filed for the divorce does not mean that your rights supplant your spouse’s rights. An exception is if your spouse has threatened you with bodily harm or has physically abused you in the past. If this is the case, you can petition the court for a restraining order that may force the abuser to move out of the marital home. Learn More