All The Things You Need To Know About Restraining Orders

When your spouse has become a violent and dangerous person to be with, you need to protect yourself at all cost. When you are constantly threatened, abused, harassed, or stalked, a restraining order may be your best defense against your abusive spouse. According to the website of Marshall & Taylor PLLC, it may be in your best interest to file for a restraining order.

In general, a restraining order is a court order protecting you from further harm by someone who has hurt you. It is designed to keep the abuser away from you or keep them away from the scene of abuse which could either be your home, workplace, or apartment. It is a civil order and does not give the abusive person a criminal record.

Victims of domestic violence can get a restraining order. A spouse, a former household member, and another person who is present at home and who is more than 18 years old and an emancipated minor can file a restraining order. Victims of any age who has been subjected to domestic violence by the person who will be the father or mother of the child when the pregnancy comes full term can also obtain a restraining order.

The restraining order lays down the things that the abuser can and cannot do. For example, the court may order them not to have contact with the victim personally or though the phone, at home, work, or almost anywhere the victim requests to put in the order. It may also provide protection for other members of the victim’s family.

The initial serving of the court order is called temporary restraining order or TRO. In most states, the TRO is valid for more than 10 days. At the expiration of the order, the abuser and the victim will be asked to appear in court. If the abuser violates the court order, they may face arrest by the police. Just make sure you carry the TRO all the time.

Dogs Won’t Bite, Unless . . .

According to the American Pet Products Manufacturer’s Association, the third type of pet that is most commonly kept in 71.1 million households in the US is dogs, which number to 74.8 million (the first is freshwater fish at 142 million, while the second is cats, of which there are 88.3 million). When it comes to which pet is loved most, however, then there is a completely different story than what the numbers say.

While cats and other animals may look cuter than (some) dogs, the energy, playfulness and loyalty of dogs are characteristics that no other pet may be able to show. This is why, despite having freshwater fishes and/or cats in the house, many still choose to have a dog around.

It is natural for dog owners to believe that their pet dog is the greatest and friendliest pet anyone can have. Though this may be true at some point, what pet owners, in general, fail to realize is that there are instances when even the most domesticated pets become uncontrollable, causing injuries to people in the process. Also, to believe that one dog is as friendly as another is a big mistake. In fact, based on records from the US Centers for Disease Control (CDC), reports of dog bites total to 800,000 every year. The irony regarding dog bites, however, is that, instead of strangers being the ones bitten most, the most common victims of dog bites are young children and older adults who are members of the dog owner’s own family. And, contrary to what many think that these bites are just minor scratches, majority of these cause lacerations and disfigurement; some even result to death, especially bites to the head or neck of children below four years old.

While dogs are, undeniably, fun and loving animals, if these, however, feel threatened or if their energy is kept unspent, then these may suddenly attack or become overly playful which can be a cause of injury. To protect people from dog bites or attacks, each state has enacted its own law, like the leash law in the states of Michigan and Pennsylvania, or a law that prohibits owners from letting their dogs loose or at large. According to a Charleston personal injury lawyer, in the state of South Carolina, a dog owner, as well as the person handling the dog at the time when such dog attacks or bites someone, will be held liable for injuries caused by their dog, even if they did not know or could not have known that the dog would inflict the injuries.

In the states of Denver and Colorado, however, a breed of dog, the pit bull, has been banned due to the disturbing cases of attacks reported of this breed. Pit bulls, even according to professional dog owners, are more hostile than other breeds of dogs. In fact, in many states, Pit bulls are identified as lethal weapons so that police officers have been authorized by courts to shoot these dogs if these, in any way, threaten to attack or bite anyone. From 2005 to 2012, Pit bulls have been linked to 250 fatal attacks on senior citizens and children.

Victims of dog bites and dog attacks have the right to pursue legal action against the owner of the dog (that caused the bite or the attack). This legal action is mainly for the purpose of seeking compensation for all damages, which may include: cost of medical care; scarring/disfigurement; income lost during recovery; pain and suffering; and, loss of enjoyment or quality of life (if the injury is severe enough to cause life-changing effects).

Effects of Cerebral Palsy

Anybody enduring the impacts of negligence could possibly maintain plenty of mental and physical pain as well as trauma. There are many medical consequences that may come as a result of this instance, according to a cerebral palsy lawsuit attorney, and such situations meet the criteria to get a private injury claim so as to receive due compensation.

There’s a fine-line between injuries and decisions and occasionally, the result of someone selection results in a great deal of pain for another person. One effect of this sort of pain is for a child to get cerebral palsy. Cerebral palsy often results in physical impairments. Cerebral palsy can be a result of medical malpractice and may often be costly to treat.

In the event you or somebody you know is coping with cerebral palsy as a result of medical malpractice, you could be eligible to apply for a private injury claim. However, your timetable is very limited and, therefore, it would be urged that you get the skilled help that specializes in the legal claim you would like to follow. This could save you distress, money, and lots of time as they currently have the know-how and experience with this specific sort of scenario and you are able to devote additional time to recover from what’s definitely an unfortunate event.

There’s almost no other kind of personal injury that may cause so much pain as medical negligence can. More particularly, a case when the result is a birth-defect in a newborn infant who should abruptly reside the remainder of her or his life with some form of medical condition. This really is hard and upsetting for parents that are for many to understand their child has been condemned to the life-long fight as a result of someone else’s misconduct.

Pedestrian Accidents: Totally a Driver’s Fault?

Records from the National Highway Traffic Safety Administration (NHTSA) show that, in 2012, traffic crashes took the lives of 4,743 pedestrians and injured about 76,000 (some injuries led to death a few days after the accident); this means that every two hours a pedestrian is killed, while every seven minutes, one gets injured.

Data from past years also showed that most pedestrian accidents happened in cities and during the night, that most of the victims were male, that half of the total number of accidents occurred on weekends, between 8 p.m. and 4 a.m., and that 37% of those killed, as well as 13% of the drivers of automobiles that hit the pedestrian, were drunk with a 0.08% blood alcohol content level.

Whenever a pedestrian is hit by a vehicle, fault is typically blamed on the driver, who is usually judged as not having any courtesy towards non-motorists. While it is bad enough that some drivers deliberately choose not to yield to pedestrians, joggers and cyclists, others make it worse by making the whole thing like a game, seeing just how close they can get to these people even to the point of almost hitting them.

But, is fault blamable only on a driver? What about pedestrians who are too engrossed in using their cell phone that they never even bother to check the road before crossing it, or those who are too into jogging that he or she would cross the street without even looking first for possible approaching vehicles?

So many accidents happen because of negligence, which is failure to act with reasonable care, causing injury or harm to others as a result. Often, however, proving liability as to whose fault the accident really is can be a legally challenging, but a necessary, task.

How to Avoid Copyright Infringement Accusations

With everything from images to entire books being available online, even the industry big-shots are facing accusations of copyright infringement accusations. It is becoming more and more easy to violate a copyright and not even know it. However, by following some simple steps, you can avoid copyright infringement.

The first thing a person should do before using a image, literary work, drawing, films, music track and many other creative works is to understand the copyright laws. While these laws can become complicated and confusing, the basis of these laws are fairly simple. Knowing what a copyright protects is the first step in understanding the laws. A copyright generally protects the owner of content to exclusive use of the creative work or controlling the distribution and who uses it. However, copyright laws generally do not protect against the use of ideas of rephrasing of texts, granted you cite your source in your work. If you do not cite, it can constitute plagiarism which can also carry penalties. It is also important to understand the difference between a trademark and copyright as well as works listed under the public domain, which is not under any sort of copyright.

Knowing copyright laws is only the first step in avoiding copyright infringement. Taking works from the Internet is risky because all creative content is either copyrighted or falls under copyright laws by default. This means a work does not have to contain a specific copyright for it to be considered copyrighted. This even includes writing works based on other works, such as fan fictions. You can avoid this by using works that have a public copyright which means the work is often free for the public to use. Another good rule of thumb is to ask the creator for explicit permission to use their content to avoid copyright infringement.

It is necessary to understand copyright laws because the penalties for violating a copyright can be extensive and severe. For more information on copyright laws, visit this website….

Open Container Facts

Wisconsin does not tolerate open containers in vehicles on public highways. While the law is clear, questions that arise can regard the purpose of the law, where open containers are illegal, and fines for having an open container. The website of Kohler Hart Powell, SC says that a criminal defense attorney could possibly provide assistance to those who are fighting against open container consequences. Having qualified lawyer in this instance therefore can be really helpful.

These laws are in place to uphold the quality of neighborhoods, protect residents, and for the state to receive federal subsidies for transportation construction. Prohibiting open containers limits public intoxication, and distraction in or unsafe operation of the vehicle. This keeps streets peaceful, and protects people in the car. Lastly, states that have open container laws receive federal government subsidiaries for the construction of highways. Those that don’t have laws do not receive financial alleviation in the construction of public highways.

Although factors differ from state to state, an open container is typically in violation of the law if present on streets, mobile homes, residential neighborhoods, parking lots, or in the car on public highways. However, it is okay to have sealed alcohol in the car as long as it is stored in the trunk, or part of the car where passengers are not. The fine for having an open container in the car can be applied to the driver or passenger; the fine for the driver is $212, and the passenger’s fine is $150.

Tickets can result from having an open container in the car. In Wisconsin, drivers can be asked to take a chemical test to determine BAC. If greater than .08, a person can receive an OUI, and an automatic driving suspension can ensue. Open containers may not seem threatening, however they can lead to undesirable consequences.

San Jose: California’s Great America

There is nothing quite as incredibly nostalgic as a day filled with cotton candy, ice cream, and thrill rides galore! It is reminiscent of simpler times with the family – little girls maneuvering their dads around as they’re sat on their shoulders, little boys pulling at their mother’s skirts to go queue up for another ride – and that is, after all, the main purpose of a theme park!

California’s Great America, for example, is one of these places. Located in San Jose, California, it is home to some of the more classic rides like the Droptower and everyone’s favorite water park, Boomerang Bay! It is perfect for those scorching hot summer Southern California days when nothing would feel more welcome that the swift rush of air against your skin that comes as you come hurting up and down, and on and on again; there is nothing quite as refreshing as the cool water splashing about as you enjoy this nice, memorable day out with your friends and family!

This theme park is designed to please every demographic – kids and adults alike! Kids are certain to enjoy their time no matter what the attraction and the park also still caters to the little blasts from the pasts that remind adults of their own childhoods, from days long gone but never forgotten. Good food and fun times – what a better way to spend a summer day?

But this is a park for all seasons as, not forgetting the “theme” in theme park, there are also even some seasonal attractions that come every year such as the Halloween Haunts! These haunts come with spook-tastic interactive mazes, haunts and attractions!

You will never run out of things to do over where all the thrills connect, only at California’s Great America!

Postnuptial Agreements on the Rise

Divorce lawyers are seeing more and more clients interested in getting a postnuptial agreement made as most states in the US have signified a wider acceptance of their validity in court, if not in statute. It’s about time, too.

Postnuptial agreements have the same goal as prenuptial agreements: to establish the terms and conditions that will prevail in the event of a divorce. However, postnuptial agreements can be entered into at any time that the marriage is still intact, and can head off a pending divorce if it is properly constructed, or at least mitigate the attendant difficulties.

Unlike prenups, postnuptial agreements are not contingent on a divorce; it can be designed to kick in in the event of the death of one spouse. In that aspect, it has some elements of estate planning, because the postnuptial agreement can be used to detail dispositions of assets, liabilities, control of businesses, trusts, and bank accounts. A postnuptial agreement, like the ones drafted by  the divorce lawyers of the Law Offices of Daniel Jensen, can also modify or eliminate on spousal claims to an estate that would otherwise be inviolable under the state’s family and estate law statutes.

Historically, postnuptial agreements were considered not valid because of the legal theory of marital unity, in which a married couple is considered as one entity. But with the prevalence of divorce in the US, this is obviously a theory that does not hold much water anymore, what with people embarking on two or even more marriages in their lifetime. Postnuptial agreements were also stigmatized as encouraging divorce, but in fact, some marriages have been saved because of the presence of this document.

Postnuptial agreements can include almost any stipulation, and some include bizarre clauses that are nevertheless considered valid provided that both parties signed the contract willingly and with full knowledge. Barring any issue of fraud or deceit, most postnuptial agreements are enforceable. Most states may review the conditions set in the agreement for fairness, but not all i.e. Pennsylvania.

Choosing between Bankruptcy and Debt Settlement

Managing your debt may take more effort than you thought it would. There are many things that should be put into place in order to clear away the debt and start anew. For many people, filing for bankruptcy may be the only option for them, especially if the debt that they have is more than their monthly income. However, filing for bankruptcy should be the last and final option for settling debts. According to the website of Greenway Law, LLC, there are several options in clearing away accumulated debt. Consulting with a bankruptcy lawyer would help you in determining whether you should or should not file for bankruptcy.

Another option for eliminating debt is debt settlement or debt management. This option is possible and available for those who have higher income in relation to their debts. If your monthly income is more than debt, then you can opt to go with debt settlement. This option will provide you with a settlement plan that would allow you pay a lump sum to the debt settlement company who would then be tasked to divide the payments for your creditors. You need to find a legitimate debt settlement company who could help mediate between you and your creditors. In order to protect yourself from settlement companies who could take advantage of you, it would help to consult with your lawyer.

There are many advantages of choosing debt settlement over filing for bankruptcy. Although debt settlement is also viewed as a lighter form or bankruptcy, it does not hurt your credit score and credit rating as much as bankruptcy does. You also get to keep many of your properties, but there are options in bankruptcy that would allow this as well. In order to have the best plan to eliminate your debt, you have to talk with your lawyer about your possible options and how you would want to move forward. Debt settlement and bankruptcy are just among the options you can choose, you just have to make sure to research and find out which one will work on you and your situation.

Persistent Pulmonary Hypertension in Newborns

Persistent pulmonary hypertension of the newborn (PPHN) is a form of life-threatening hypertension that occurs when there is failure in the circulatory transition from womb to birth. It generally showcases as pulmonary hypertension that leads to hypoxemia and right-to-left intracardiac shunting of the newborn’s blood. Although PPHN can exist without the symptoms of acute prenatal distress, it is still important to have the newborn checked if he or she is marked with lability in the concentration of oxygen in the blood.

The most common symptoms of PHHN are: asphyxia, systemic hypotension, meconium staining (the excreting of the meconium into the amniotic fluid), cyanosis (skin discoloration brought about by low oxygen levels), and symptoms of shock. There are several tests that would help determine PHHN, and your doctor would ask about the symptoms as well as the pregnancy history, along with physical examinations. There are a number of ways a newborn may suffer from PHHN, and according to the website of Williams Kherkher, taking the anti-depressant Zoloft while pregnant can be one of them. Zoloft is has been linked to a number of severe birth defects, and has been subjected to a number of lawsuits.

Aside from dangerous medications, other factors that can lead to PPHN are medical errors or malpractices. According to the website of the Goings Law Firm, LLC, medical errors or malpractice that leads to injuries have serious effects on the quality of life of the newborn. When the injury was caused by the negligence of the medical staff in handling the birth, and which eventually lead to the life-threatening condition of the newborn, the parents can file for a personal injury or medical malpractice lawsuit.

There are medications and treatments that can help in caring for the condition. Consulting with the doctor would help in preparing a proper treatment for the newborn, as each case can be different. Treatment for PPHN is generally aimed to improve the level of oxygen in the blood, as well as relax the blood vessels in the newborn’s lungs to maintain a normal blood pressure. It should be noted that newborns with PPHN should be kept warm and have limited stimulation.