March 2017

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Child Protection and Restraining Orders

Child Molestation Attorney in Atlanta, GA

No one likes to discuss the darker side of child custody and parenting law, but sometimes ugly situations arise and must be dealt with swiftly and decisively to ensure the children are safe and placed in the best situation for their long-term well-being. It is also important, however, to ensure that any parent or guardian in question for a child abuse offense is properly represented in order to ensure they are not falsely accused and, if they are, clear any charges unfaithfully brought against them. Ensuring safety of a spouse is also crucial and ensuring that any and all domestic violence problems are halted immediately is a priority. When it comes to cases of child protection, domestic disputes, and restraining orders, seeking the help of a child custody lawyer Scottsdale AZ relies on with experience in these areas is key when seeking resolution. Today, we’ll explore some of the key aspects involved in child protective service cases and what is required to establish a case for a restraining order.

Child Protective Services and Child Abuse Issues

Child abuse is a serious matter, but the legal side of this issue has numerous intricacies that can make navigating it without legal expertise a challenge. A false accusation of child abuse, for example, may be completely unfounded but still carries with it a heavy implication. Rather than attempting to clear their own name, a family law attorney who has experience can help advise clients and ensure that they not only have a clean reputation, but also retain child custody or do not lose visitation rights with their children. In the state of Arizona, abuse accusations rarely come up in a family law case or custody dispute, but if it does, child protective services may be brought in for an investigation. Sometimes these investigations are thorough and proper, but often they do not go in-depth enough to acquire proper amounts of evidence or reach a conclusion sufficient enough for one or both parties.

It can be a scary situation for all parties involved, and ensuring the questions are answered and in-depth investigation takes place to ensure proper legal custody of the children, as well as provide proper resolutions. Rather than going it alone or utilizing insufficient representation, call a skilled attorney.

Restraining Orders

Whether domestic violence has occurred in the past, a spouse is in fear it may happen in the future, or something has happened to make a parent or guardian feel uneasy having another adult or parent around, restraining orders can be a step to ensure safety and security. A restraining order is a court order issued with the intent to keep a person who has hurt or abused someone away from the victim. The person requesting the order, in the cases our team is involved in, is often a victim of domestic abuse or is the parent of a child who has been hurt.

However, some people may see restraining orders as a way to falsely restrict or push away a child’s parent, spouse, or former significant other. As such, the burden of proof for a restraining order or order of protection must be fulfilled and presented to a judge. In these situations, whether you are seeking an order or you feel you have been falsely accused and placed under these restrictions, having the help of legal professionals can only help. You won’t be left wondering if you’re taking the correct steps to remedy the situation and can find clarity and efficiency in the process.

When it comes to child protection, child abuse, and restraining orders, the questions surrounding legality and proper procedures can be highly convoluted. Rather than attempting to deal with your family law issues alone, trust an experienced lawyer.

HLThanks to our friends and contributors from Hildebrand Law for their insight into child protection and restraining orders.

When a Minor is Convicted of a DUI

Criminal Lawyer Dekalb County GA

The Legal Process

Thousands of teenagers die yearly in drunk driving accidents. Many of these drivers are minors who are not even old enough to drink. For the most part minors are inexperienced with alcohol and take higher risks and exercise bad judgement when drinking. These drivers are a danger to themselves and the rest of society when they step behind the wheel of a car. That is why in most cases, the laws for minors when they are convicted of driving under the influence (DUI) are very severe.

Zero Tolerance 

Many parts of the country have enacted zero tolerance laws for minors charged with drunk driving, as a skilled DUI attorney DC relies on might explain. If you are a minor and you are caught driving with alcohol in your system, you will likely be charged with DUI even if you are not considered drunk. Due to the administrative per se laws, if a minor is caught driving with alcohol in their system, their license will be suspended or revoked by their state’s Department of Motor Vehicles.

Consequences For DUI Convictions 

Minors who are convicted of DUI often face harsher penalties for first time offenses due to being charged with both driving under the influence, as well as underage drinking. If the minor has a blood alcohol content level between 0.05-0.07 percent or above they will likely be charged with an underage DUI, as well as an adult DUI. This combination increases the severity of the penalty.

Possible Additional Charges

There are a number of other charges that could be added to the DUI offense including:

  1. Minor in possession of alcohol
  2. Soliciting alcohol from an adult
  3. Possession of a fictitious ID card.

The minor’s DUI could be classified as a class one misdemeanor, which will stay on their record as they enter adulthood. The court may also mandate that the minor perform community service as part of their punishment, as well as pay thousands of dollars in fines. The minor may lose their license for a year or two, and may have to submit proof of financial responsibility before they can have their license reinstated.

Jail Time 

Minors who have been caught driving drunk more than once or been involved in multiple accidents will likely receive a jail sentence. The jail sentence depends on the severity of the charges. Besides probation, the court may order the minor to fulfill any or all of the following requirements:

  • Go through a diversion program
  • Attend alcohol education classes
  • Enter an inpatient alcohol treatment program
  • Have an ignition interlock device installed on the vehicle, so that the court will be able to monitor the driving of the minor
  • In some severe cases, the vehicle may be impounded

Minors can apply for a hardship or conditional license if they need their vehicle to commute to work or school.

Other Consequences 

Minors who are convicted of DUI have to disclose that on all college applications which can seriously limit their chances of getting accepted to most schools. Failure to list the DUI on the application could lead to an automatic dismissal if the school eventually finds out about the conviction.

In addition, students who have a DUI conviction on their record may not be able to continue their majors, such as education. The DUI conviction could also be a potential hindrance in regards to gaining employment in certain fields such as education or healthcare.

Remember that minors are still innocent until proven guilty, that the prosecutor must prove that the minor was driving, and that there was a serious reason for the minor’s vehicle to be stopped.

BrynnThanks to our friends and contributors from Frederick J. Brynn P.C. for their insight into DUI and criminal law cases.