Domestic violence is far more common than we know. It is a problem that affects people regardless of race, gender, sexuality or socioeconomic status. If you or someone you love is being abused, it is important to come forward to seek help.
What is Domestic Violence?
Domestic violence is causing, or attempting to cause, bodily injury to the victim. It can also be placing the victim in fear of imminent, serious bodily injury. This may include continued harassment if it causes severe emotional distress.
It is important to remember that domestic violence can only occur between people who have a current or former relationship. This includes spouses, household members, parent/ child or boyfriend/ girlfriend.
What to do if you are a victim of domestic violence?
Your safety is the biggest priority—get yourself to safety and call 911. If you do not have a safe place, you can seek help at a shelter.
From there, you have the option of seeking a restraining order and/ or filing criminal charges. Criminal charges are recommended because the criminal system has some procedures in place that the civil system does not, like probation and violent offender programs. If the abuser is found guilty at trial, then the terms and conditions of his or her sentence depend on various factors including what crimes the abuser has committed against you and prior offenses
How does domestic violence effect custody and child support?
It is rare for those issues to be handled in the civil domestic violence process of getting a restraining order. Many judges prefer that issues of child support and custody be handled in a separate action. You will need to file a separate complaint seeking custody and child support.
What about alimony and property division?
The judge in your domestic violence can only deal with these issues on a very limited basis, such as addressing temporary distribution of vehicles and the home. Many judges prefer that these issues be handled in a separate action. You will need to file a separate complaint alimony and equitable division.
Domestic violence proceedings can be confusing and time consuming, especially when dealing with other family law issues. Contact Adkins Law today to set up a consultation and decide your next steps.
By Elspeth Crawford
Slip and fall accidents are among the most common personal injury claims out there. They come in many varieties. A plaintiff might slip on a floor of a public business, trip over a toy in a residential home, stumble over a hole in the ground while walking outside, or more. Depending on the situation, the path to recovery can be different, and an attorney may be needed to help steer the case toward a satisfactory end.
What to do Immediately After a Slip-and-Fall Accident
The first thing to do after any accident, not just a slip-and-fall, is to get needed medical attention. Such accidents can break an arm, twist an ankle, or worse, and you don’t want to risk compounded the damage by not getting timely treatment.
Assuming you’re in the condition to do so, it’s extremely important to create a record of the accident while it’s still fresh in your mind. Write it down if you can. Take note of the sequence of events leading up to the accident, the names and contact information of any witnesses, and what anybody said before, during, and after the accident occurred. If possible, take pictures of the accident scene. If you fell in a public facility, like a convenience store, the facility may file a proprietary accident report, but it’s always prudent to create one of your own so your version of events is preserved for negotiations down the line.
Proving fault in any personal injury claim is a tricky, circumstance-specific business. When dealing with slip-and-fall cases, much comes down to where the accident happens. The dimensions of the owner’s responsibility differ depending on what kind of locale is at issue, so be sure to tell your lawyer not only how and why you fell, but also where.
When thinking about who’s at fault for a slip-and-fall accident, remember that there must be a responsible party whose negligence caused the injury. Most state laws take the plaintiff’s own negligence into account, so if you were partly or completely responsible for your own injury your chances of recovering decrease dramatically. If you’re in a convenience store and slip on a puddle of grease which the management failed to clean up, you have a good case, but if you’re in the same convenience store and trip over your own untied shoelaces, your case will likely go nowhere.
If you have a successful slip and fall case, you stand to recover the kinds of damages you would normally recover in any personal injury case. These include compensation for wages lost, medical bills paid, potential future medical expenses, and damages for pain and suffering caused.
By Elspeth Crawford
If you’re involved in a car accident, there’s a chance that you might file a personal injury lawsuit or that one could be filed against you. In order to win a personal injury lawsuit involving a vehicular accident, the plaintiff must show three things. First, the plaintiff must show that he or she suffered actual harm. Usually, this will not be difficult. The plaintiff must simply identify their injuries. Second, the plaintiff must show that the defendant owed a duty of care but that the defendant breached this duty. Third, the plaintiff must show that the defendant’s breach of the duty of care was the cause of the plaintiff’s harm.
Duties of Care
Drivers are required to use that degree of care as would a reasonably prudent driver acting in similar circumstances. The details of the duty of care change slightly depending on what kind of vehicle is being driven, who is driving it, and whether or not the vehicle is commercial. However, many basic rules remain the same. Drivers have the duty to:
In cases where an injury is clearly caused by a driver’s negligence, showing causation is easy. In cases where the origin of injuries is not so clear, it can be more difficult. There are a number of tests courts used to determine injury. They vary depending on the state and the situation.
Contributory and Comparative Negligence
In order for a plaintiff to recover from a defendant in an automobile accident, the defendant must have acted negligently, that is, in violation of some duty of care. However, it is possible that the plaintiff also acted negligently and that the defendant is only partially, but not entirely, to blame for the accident. The doctrines of contributory and comparative negligence determine how to spread the blame when this occurs.