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Know More About False Accusations Of Child Abuse

When reading reports of sexual assault in newspapers and on television, it is natural to assume that they are true. However, the reality of the situation can often be different then what is reported especially in child custody and visitation matters.

Case Example

In 2012, there was a report in portwashingtonwi.patch about a twenty-five year old Milwaukee woman who faced charges for her false accusations. The woman had falsely accused a man, who hailed from Port Washington, of sexual assault. Defined as a criminal complaint, she told the police that she had gone to a parking lot to meet the man in order to exchange a child whom both of t
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hem shared custody. She claimed that on that occasion, the man had forced his hands into her pants, and proceeded to touch her genitals. She also claimed that the man did the same act several more times after the park incident.

The police moved forward with the arrest of the man, who retaliated by announcing that nothing of such consequence occurred on the first occasion, which was at the park; and that he and the woman had consensual sex on subsequent occasions. The complainant denied all of the man’s allegations, but there was a video surveillance from the parking lot that showed that the man was indeed telling the truth. When the video was presented to the woman, she confessed that they both had consensual sex.

Statistics

False sexual assault allegations happen to be one of the most scandalous disputes with the highest frequency. A study was conducted in 2010, where all cases of sexual assault were reported to one of the major Northeastern universities. The study was held over a 10-year period and it was analyzed in order to establish the percentage of false allegations. Out of the one hundred and thirty-six cases reported, 5.9% (eight of them) were determined to be false allegations. When these results were compared with the results of former research, it was revealed that the frequency of false allegations had grown and was between 2% and 10%. This might seem like a small number, but if you happen to fall into this category, it can make a really big difference.

What You Should Do if You Are Falsely Accused

It can be devastating if you or anyone around you -family members, friends, co-workers, etc. – have been charged with a crime of sexual assault, which wasn’t committed. Unfortunately, false accusations are much more rampant than we think, especially in child custody and child visitation situations.

So what should you do if you find yourself in this kind of situation? Below are some recommendations:

• First, consider employing the services of a competent and well-experienced DYFS Defense lawyer.

• Realize that false accusations are important and they can affect you in a drastic way if you don’t diffuse them. Never make the assumption that simply because they are false, you don’t need to respond to them.

• Prepare for your defense. There might be need for expert witnesses; special psychological tests might be carried out, and there may be other evidence that needs to be collected.

• Write down your case details and what you believe occurred. Include as many details as you can remember. It doesn’t matter whether you believe they are important or not, make sure to write them down.

• Educate yourself. There are a lot of resources you can get useful information from, including the internet. Educate yourself on your rights, criminal offenses and the legal system.

• Put a list of possible witnesses together.

• Understand your rights. If the police question you, you are not mandated to say anything. You also have the right to competent legal representation according to the U.S. Constitution.

Information About Your Rights With CPS

Child Protective Services (CPS) is required by law to investigate reports of child abuse or neglect. They are part of the New Jersey Department of Family and Protective Services, a state agency.

The Report

It is illegal to not report child abuse if it is suspected. Doctors, lawyers, and therapists are required by law to make a report if they think a child is being abused. Whoever makes the report will remain anonymous by law.

Taking Children

Child Protective Services can legally take your children. If a report is made and CPS determines that a child is in danger, th
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ey have the right to remove them from that situation and any unsafe environment. Unsafe environment includes use of illegal drugs in the house, a home with not enough food or health care, firearms being left in the open in a home, physical violence happening to the child, or sexual contact with the child.

After Removal

Parents will be notified in writing by CPS and they will provide all papers that support removal filed with the court. All papers include a statement about the reasons for the removal by the investigator. 14 days later, a court hearing will be held. The judge decides whether the child should be returned to the home, stay with a family member, or remain in CPS custody at the hearing. The judge can also order various counseling activities for parents or caregivers such as attending parenting classes, completing an anger management courses, going through a drug or alcohol rehabilitation program and other requirements.

Service Plan

To allow the child to be returned home, a service plan is written with CPS recommendations and steps that must be taken. It is not a court order and cannot be enforced, but failure to follow the plan can be used against the family that they are not cooperating. At meetings between CPS and family members, the plan can be changed or renewed.
Rights

· You have the right to talk to your caseworker. Remember that communications between you and the caseworker are not confidential and can be used in court.

· You have the right to a court appointed attorney if CPS files a lawsuit again you.

· You can deny any allegations made by the CPS.

· You have the right to attend all court hearings about your case.

· If you do not know English, you have the right to an interpreter.

· You have a right to bring your child home after the service plan has expired unless:

–the service plan is renewed, or

–there is a court order (signed by a judge) saying that you can’t.

Case Length

18 months from the time of the child’s removal is the longest amount of time the case will stay open. If a lawsuit isn’t started by CPS to terminate parental rights by 18 months, the case automatically closes. It is a good idea to get written confirmation that the case is closed before you take your child back. The person your child has been living with can file for custody and get child support from you after 6 months, so it is important to act quickly.

Should You Know About Child Welfare Litigation Strategies

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It’s easy to feel as if the whole system is against you when you are fighting for your child in court.

The child welfare system is there to protect your child’s safety and well-being, not just to limit your parental rights. But when that system decides you put your child’s safety at risk, it can turn against you. As a vehement defender of parents’ rights in child welfare cases, I can tell you to not give up just yet. Here are some ways you can defend your rights while in litigation.

You have
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a right to counsel during the child welfare litigation process. I highly recommend you at least speak with a New Jersey child welfare attorney about your case. Even a simple consultation can help, but you can ensure your rights will be defended if an attorney helps you with your case. Remember that court appointed attorneys often have severe caseloads and may not be able to give your case the attention it deserves. If you decide to use a court-appointed lawyer it is still a sound decision to obtain a consultation with a specialized DYFS attorney. This attorney can help you understand what you should expect from your court appointed lawyer and what is reasonable to expect from them. They can also help you devise a strategy that you can then discuss with your court appointed lawyer. Many specialized DYFS attorneys offer initial consultations from which you can gather information on how to proceed with your case to the next step.

Second, the court cannot take your child away from you or terminate your parental rights without having good cause. The DCP&P will conduct an investigation to gather evidence to submit to the court. You have a right to provide testimony and evidence, too. Take full advantage of this right! You should have an attorney help you do this, but, whatever you do, don’t pass up this opportunity to provide important information.

Third, cooperate when it is reasonable. Comply with any requests the DCP&P makes during the investigation such as developing a safety plan. Work with your caseworkers to create a visitation plan so you can stay involved in your child’s life. Complete all court-ordered steps such as counseling or a substance abuse evaluation. The DCP&P may also ask you to take advantage of certain services. If you disagree with any of these requests, speak with an attorney.

Knowing and understanding your rights and responsibilities is the best tip I can give you for fighting for your child in court. It is easy to be overwhelmed by the child welfare case process in its entirety. You are dealing with both the DCP&P caseworkers and the court all while trying to remain an involved parent while your child is in foster placement. Speak with an attorney about your case if you have questions about your rights or responsibilities.

Should You Know Some Attributes Of Criminal Tax Lawyer

When you are looking for a Criminal Tax Lawyer, Criminal Tax Attorney, Tax Attorney make sure that you consider the 5 attributes! No legal system is complete without the attorneys. There are different fields and each one of them has a specialized branch of attorneys. Of them tax and criminal aspects are the most popular. So when you are planning to hire a Criminal Tax Attorney make sure that you look out for the following attributes and qualities:

• Years of experience: when it comes to taxation policies and criminal aspects are involved in it, the first attribute you should look for in the Criminal Tax Lawyer is his years of experience. A novice will not be able to offer you with the tricks of the trade. An experience lawyer has handled many cases, he knows what will work and will not. He has a clear understanding of how the judge operates in these cases and how the case should be presented so that the judgment goes in your favor. So make sure that he has several years of experience under his belt. It is this experience that will see you through.

• Skills and expertise: there are many lawyers who in spite of several years of experience lack the edge that will make him stand out. So look for a lawyer who has the skill set and the expertise with enough knowledge to help you win the case.

• Proper networking: in the field of taxation, proper networking matters a lot. The Tax Attorney should be in contact with relevant people who will be of use and will be able to provide the necessary support as and when required.

• Firm or individual practice: it depends on you whether you would like to hire a lawyer associated with a law firm or one who is into individual practice. There is not much difference because eventually it boils down to the performance of the lawyer. When we recommend a law firm is because you know where to contact the lawyer at any given point of time. Moreover a law firm sustains on good reputation hence, you can be rest assured that the lawyers associated with them are of good quality.

• Fee structure: finally you need to find out about the fee structure. After all you need to know whether you will be able to afford his services or not. An individual lawyer and the one associated with a firm will have different fee structures. Find out who charges what and then opt for the one accordingly. Don’t forget to find out about the mode of payment as well. Some might ask for a certain amount as initial payment while the rest will be paid after the judgment while others might charge after the entire hearing is over. Once you consider the above mentioned five attributes you will be in a better position to select the right tax attorney. So whenever you are looking for the right lawyer make sure that you take into account the five qualities. So what are you waiting for? Go ahead and begin your search today only

How To Choose Great Lawyer

You must choose the lawyer that will give you great satisfaction and you will get great help. You should choose the lawyer on the basis of research and get out from legal problems. If you are a business man or manager and if you are looking for immigration process, then you need to hire a Miami Immigration Attorney. The expert is the person who is very close to the law and knows the immigration process.

The attorney is well aware of each process and they can handle the process in a fruitful manner. You need to have trust on them to get the work done on time and fulfill your requirement. It is truly an effective solution and it will surely make a great difference. The lawyers understand the requirement of each person and accordingly they offer the counseling where they can take good care of the client and hear their specific requirement and provide the same service without any problem. The clients have full knowledge of the process and the lawyer updates the clients with all the specific details of the immigration process so that they do not face any problem and handle the situation in a better way.

The lawyer is always ready to give you detailed advice on the entire process and it will help you to get the proper direction of the process. Are you a victim of car accident case? You can hire Miami Car Accident Lawyer and get the support from the expert. He or she is the person who will study the entire situation and give you proper analysis of the entire case. You need to be true to your lawyer and narrate the entire story to the lawyer. It will help the expert to bring you out from the bad situation and you can definitely live a better life. It will give you more relaxed and tension free life that anything else. The Miami Divorce Attorney is also expert who will handle your divorce case smoothly. If you are in unhappy marriage, then you must consult with a divorce lawyer. The expert will handle the emotional and financial issue in a smart way and it will give you the confidence to get out from a bad marriage.

Look for a great lawyer who can understand your emotional status and then find out a better solution. You must look for a lawyer who can help you and you will get a 100% positive feedback from the case. Get the right direction from a good lawyer and live a healthy life. There are many online sites where you can get all the details of the lawyers. There are many firms from where you will get more information on the lawyers you can read the reviews of the lawyers and then accordingly choose the lawyer of your choice. You will get more desired result and you can choose the lawyer as per your choice. The lawyers are smart and dedicated and give you better support on the choice of the lawyer. You have to find out the lawyer and get your work done perfectly without any doubt

Know The Situatons That Require Tax Lawyers

When tax season rolls around, it’s important for you to understand the differences between a tax lawyer and a tax accountant. Accountants may help you to prepare your taxes and get them filed appropriately.Tax lawyers, on the other hand, hold very different roles. How can you tell if you shouldhire Orange County tax lawyers or tax accountants? If you’re being audited, it certainly helps to have tax attorneys on your team. Depending on the results of the audit, you may face penalties and heavy financial burdens. An attorney will look through your tax return with you and help you to determine the best course to take as you work with the attorney and the IRS.Click here to get in contact with tax lawyers when the situation calls for their assistance.

The Work of Accountants
Accountants can help you to determine whether the machines in your office qualify as assets or as deductions. This professional will help you sort out ways to improve your financial outlook before tax season rolls around for the next year. Work with an accountant to sort out mistakes before filing. However, if you are facing the consequences of mistakes after filing taxes, Orange County tax lawyers may be the most appropriate allies.

Lawyers Help Resolve Uncommon Situations
There are some situations that are most suited to the skills of an attorney rather than an accountant. If you’re filing taxes or have tax questions, contact an account. Sometimes, however, you may have concerns regarding a tax situation that relates to a number of your employees. You may have questions about how things have been done in the past and you might wonder if you’re within your rights to make changes. This situation may prompt the involvement of a lawyer.

Attorneys Can Help You Make Changes

A lawyer may discuss with you the laws regarding how to handle part-time employees versus full-time employees. If your business works with freelance employees as well as full-time in-house employees, there may be additional differences in the way you handle your taxes. Businesses aren’t the only entities facing complicated tax situations. Individuals in same-sex relationships may face complex situations when filing marriage tax income tax returns. They may have a lawyer review the work done by their accountant to be sure that they are fully in compliance with the law.

Professionals Face the IRS With You
If, at any time, you face interactions with the IRS and you question the results, you should contact tax lawyers to provide guidance and perhaps to represent you throughout the communications. You’ll find that the professional can give you some comfort and could be instrumental in reaching a conclusion that is acceptable to you.

Accountants and Lawyers

When you need to prepare your tax return and file it, you’ll probably want to work with the tax accountant. If you have any situation that is out of the ordinary, or if you’re facing complicated negotiations with the IRS, you probably want to work with the tax lawyer. These professionals have experience and in-depth knowledge concerning the issues you maybe facing. Work with Orange County tax lawyers to resolve complex problems, make changes, tackle new situations, and face the IRS.

Choose Dui Attorney In Pheonix

Driving under the influence, a eviated to DUI, is statistically the most common reason for arrests in the United States. As such, it is prudent to understand how you should choose a lawyer to defend you in such an unfortunate circumstance. You should first identify your course of action. Think about the circumstances that might favour a guilty plea and the potential consequences of such a plea. First time offenders can often get by with a guilty plea, provided there have not been any aggravating offences. Situations where the recorded blood alcohol content cannot be confidently disputed or blamed on faulty equipment or when a police officer or witness might testify against you can be suitable for a guilty plea.

Also in cases where you are decidedly aware of the sentence or the monetary fine is not too large, you might choose to affect a guilty plea. However, you should always consult a DUI attorney in Phoenix before you affect any particular course of action. Apart from helping you craft an effective guilty plea, an experienced attorney might also get your charges reduced, depending on the laws applicable in the jurisdiction. Consulting with a DUI lawyer in Glendale can help you really sort out your course of action. If there are additional charges against you, such as causing damage to property, injury to another person or DUI while having a minor in the vehicle, you should definitely seek legal help. These circumstances require special knowledge of the legal system and the skill of an experienced legal practitioner to get you off or at least get the charges reduced.

DUI attorneys in Phoenix are well versed in the letter of the law and have extensive experience in dealing with cases of DUI. They have seen and know what arguments are the most effective while fighting DUI cases, such as disputing the accuracy of the sobriety tests administered by the law enforcement officer or the accuracy of the equipment used to gauge the blood alcohol content, even the circumstances under which the officer stopped you on the road to administer the test. This can be the difference between going home scot free or with a slight slap on the wrist and being charged a hefty fine and/or imprisonment. You must know exactly what services you are getting when you decide to go for a DUI lawyer in Glendale or Phoenix. Ask for a free consultation session to discuss your case and decide if a particular lawyer might be agreeable to you.

If you case is particularly troublesome, you might want to seek out an attorney who deals exclusively with DUI cases. They are certainly more experienced in dealing with these cases and are arguably more effective than lawyers who fight cases carte blanche. Also, you should always get the opinion of at least a few different lawyers before you decide to go with any one of them; availing of legal services in similar to any other service and you should compare with the rest of the market before committing.

Women Need When Decided To Get Divorce

Most women seeking divorce have 3 priorities:

1. Divorce Certificate
2. Custody of the children
3. Maximum Financial support and settlement

1. Divorce: After the No Objection Certificate (NOC) is received from the Family Guidance Committee in order to file the case, the claimant can proceed to court. In court, the woman is usually asked to produce witnesses who can testify to the reasons she wants a divorce. The witnesses can be 2 men or 1 man and 2 women. These witnesses will have to explain to court that the woman is in an unhappy marriage due to such reasons and based on her suffering, she is seeking a divorce. There are no exact questions that are asked of the witnesses. They should be aware of the personal and family matters of the claimant and should be able to answer all questions put to them on how they know or believe that family life between the couple is difficult, unhappy and hence not possible. For those who do not speak Arabic, a translator is provided by the court to listen to the witness statements. If the woman is unable to bring any witnesses, the divorce process can still go ahead. What the judge will try to ascertain from the witness statements is that the married life of the claimant is not successful or happy.

2. Custody: Custody is the most sensitive and emotional subject for the claimant, and in this case particularly the woman. The general rule as far as custody is concerned is that it should be with the mother until the male child is 11 years old and the female child is 13 years old. However, this general rule has many exceptions, and it is safe to say that the court looks for the betterment of the child or children involved. Should it be in the best interest of the child to remain with the mother even after these ages described above, the court might extend the custody of the children in the favour of the mother. Should the court feel even before these ages that the child is better off with the other parent and its in the child’s best interest, the decision can be handed down against the mother. However, for this, the burden of proof to show that the mother is unfit is very high and in most cases the child remains with the mother. When the child reaches the above age, custody does not automatically pass to the father, he has to make a claim and file for the custody of the child. If he does not, he is assumed to accept that the mother should continue the custody of the child.

3. Maximum Financial support and settlement When it comes to claiming financial support from the husband, the most important aspect of this is to prove the husband’s income. The income of the husband shall determine the amount of the maintenance paid towards the children and the one-off lump sum amount to be paid to the wife. Many people, while claiming for these amounts focus purely on the amount claimed and not the income, resulting in a weak claim and lower chances of success.
The basis for any settlement decided by the court is the income and that should remain the focus for all such proceedings. It should also be kept in mind that the wife can demand for any unpaid maintenance, or can claim the reimbursement of any amounts paid towards her living or towards the children by her for up to 3 years back-dated. Under Personal Status Law, the husband and the father is liable to pay towards all expenses of his wife and children regardless of the woman’s financial standing and income.

More Information About Liquidation

The provisions of the Company Law concerning liquidation are to be applied unless the company’s Memorandum or Articles of Association provide a specific procedure for its liquidation, upon resolving the company’s dissolution an agreement is reached between the partners as to its liquidation-n procedure.

Upon the dissolution of a company, it is considered to be in the liquidation stage. While the liquidation procedures are being implemented the company will retain its legal capacity for the implementation of its liquidation. It is imperative to affix the term ‘In Liquidation’ to the company name. As a consequence of the dissolution of the company the authority of its managers or board of directors will also come to an end, they should continue to manage the company but as far as third parties are concerned, they will be considered as liquidators until a liquidator is appointed. During the liquidation, the company’s administrative structure will continue to exist, but it will only perform functions that are not within the jurisdiction of the liquidators.

The partners or the company’s general assembly through majority resolution should appoint one or more liquidators. If the liquidation is decreed in accordance with a Court Order, the Court will appoint the liquidator. The death, bankruptcy, insolvency or interdiction of a partner, even though such partner had appointed the liquidator, will not affect the liquidator’s functions. Moreover, the liquidator must register his appointment and the method of liquidation with the Commercial Register. In coordination with the manager or chairman of the company the liquidator should make an inventory of assets and liabilities of the company.

The managers and chairman have a statutory duty to hand over the company’s accounts, books, documents and assets to the liquidator. The liquidator must:
1. Prepare a detailed statement of company assets and liabilities as well as a balance sheet to be signed by him and manager or chairman of the company.
2. Keep a book of accounts for the liquidation of transactions.
3. Preserve the assets of the company and its rights as well as the company debts.
4. Open a bank account in the name of the company ‘in liquidation’ and deposit company funds.

The liquidator shall be the representative of the company in any litigation regarding the company. He should satisfy the creditors of the company by selling its moveable assets or real estate in an auction or any other method specified in the liquidation procedure. The liquidator should not embark on new business unless it is necessary for the completion of previous works, otherwise he will be personally liable for the consequences. The liquidator must notify all the creditors by registered letters of the commencement of the liquidation. Such notice is published in the local newspapers and gives a period of not less than 45 days during which the creditors should present their claims. Certain debts of the company have to be prioritized and settled before others such as; employees’ salaries or wages, or debts accrued while the company is in liquidation.
Any amounts remaining after the settlement of the company debts will be proportionately disbursed amongst the partners. If the net proceeds of liquidation were insufficient to cover the repayment of all partners’ shares, the losses will also be divided proportionately amongst the partners. At the end of the liquidation a final account has to be prepared and presented to the partners or the general assembly. The liquidators will then have to record the end of the liquidation in the Commercial Register and request that the company is struck off the register.