Steps to Simplifying a Divorce

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Divorce is never easy, but getting a good divorce attorney to assist can save time and heartache
Divorce is never going to be easy, no matter what you do. Despite your best efforts, it is an emotionally trying time that is made more complicated by finances and, if you have children, custody proceedings. While there is nothing you can do to take the pain away from divorce, there are steps you can take to cut down on its complexity:

  1. Find a good lawyer. This may seem like a no brainer, but it has to be said. If you choose to take the first rock-bottom priced lawyer you can find, then chances are you will be getting what you paid for. Look for a family law lawyer that has a good track record with divorces in the courtroom. Do some research, both online and by asking the advice of friends and family, especially those that have recently gone through a divorce. While a divorce lawyer is not cheap, choosing the right one is essential if you want to simplify your divorce, and subsequently your life. A good lawyer will take over your case and help you to avoid making poor decisions that could result in the divorce taking too long, or not ending in a way that is fair to your needs.
  2. Give your spouse back their possessions. Make your divorce easier by not having to decide who gets every single little thing. When your spouse moves out, give him or her back those items that are rightfully theirs. Try to divide up as much of the items in your house as is possible to avoid having to spend long hours debating who gets what. You have to decide what is worth fighting for. If it’s a family heirloom you have sentimental ties to, that’s one thing. But if you find yourself battling over a TV you can easily repurchase in the future, just let it go. It’s not worth the headache.
  3. Get your finances in order. When you sit down to talk to your lawyer, be prepared by giving them a full portfolio of your assets and debts, especially those that you hold jointly with your soon to be ex-spouse. You want to make sure that you are not stuck with debt in your name that should be shared with your ex. Having your finances in order will assist your lawyer in being able to create a plan of action for your divorce. The quicker they are able to figure out a settlement, the sooner you will be able to move on with your life.
  4. Be prepared to give. In the end, fighting over every little detail of a divorce will only prolong the agony. Look over your shared assets and decide what is important to you and what you are willing to give up. Going to the bargaining table with the intent of being able to give up a few possessions in order to make the proceedings simpler is sure to save time and heartache. Remember, possessions are just things, and can always be replaced. Your time, happiness and emotional stability are much more valuable in the long run.

50 Ways to Leave Your VIOLENT Lover; PROTECTIVE ORDERS IN TEXAS

Gavel with restraining order plaqueDomestic violence is a serious matter. It is not forgivable. It is not something that gets better with time. It is something that must be addressed so the violent person can be handled or removed from the family unit.

While Paul Simon’s song, 50 Ways to Leave Your Lover, may be about less serious matters, domestic violence is much more serious.

In Texas, Protective Orders are a key tool to accomplishing immediate relief from a violent family member or domestic partner.  The law looks to two major factors:

1) Whether Family Violence occurred; and

2) Whether Family Violence is likely to occur in the future.

A private Texas attorney may draft the application, assist in the preparation of the evidence and affidavits, and the presentation of evidence to get a Protective Order from a judge.

The reasons why Protective Orders are VERY IMPORTANT is that it restricts a person from coming within so many feet, coming to a residence, calling, texting or showing up to work places or schools. This is important because police often have to wait until a crime has been committed before arresting a person, but with a protective order, they may be arrested for simply violating the order itself, for example, driving past your house.

There are 50 ways to leave your lover if they commit Domestic Violence and The Barrera Law Firm, PC can help you.  But first and always, seek emergency police assistance in the event you are in danger and call the law firm after that.

Criminal Law and Your Constitutional Rights

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Our attorneys know your rights. Call The Barrera Law Firm.
One of the areas of law The Barrera Law Firm participates in is criminal law, more appropriately called constitutional law. When one is accused of a crime, when one is called before a court to answer up on a crime, people need to know they have rights, and those rights come from the Constitution and those rights come from under the law themselves. Individuals will often feel the full force and burden of the state or federal government when they are accused of a federal crime. Often, people aren’t even aware they are committing a crime. Sometimes people are inaccurately or inappropriately accused of crimes. Either way, they should immediately seek the assistance of an attorney to fight for their rights, to ensure that all avenues are explored and that the government meets its burden to provide evidence on every allegation they bring forth.

When you hire an attorney you should ensure that attorney cares about your case. You should ensure that attorney will sit down with you and listen to all your needs and concerns, and that the attorney is there for you. An important aspect of choosing an attorney is being able to feel comfortable with communicating to that attorney and feeling like that attorney is comfortable in communicating to you. Through communication you can achieve quite a bit and it is important that an attorney especially cares about you and he cares about your case.

Wrongful Death: What is it and Why Seeking an Attorney is Vital

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If someone you know has died wrongfully, call The Barrera Law Firm for a free consultation

An area that our law firm services is the area of wrongful death. Wrongful death is the unfortunate occasion where someone dies because of the negligence of another. Whether it happened at work, whether it happened on their way to work or whether it happened in some other unfortunate circumstance, anytime somebody dies because of the negligence of another that is wrongful in Texas, our firm will advise whether there is a wrongful death case that we can assist you with. People, families, individuals who have any relation to the deceased person may be included in the recovery. The estate of that person can make a claim on the insurance company, on the individual themselves, for their actions. They will have to take responsibility for their actions and if possible, answer in the court of law.

The type of damages that are available in wrongful death can be anywhere from punitive damages to economic damages to compensatory damages. Anything that the person should have been entitled to or could have been entitled to may be entered upon this, and if there is gross negligence or acts that are highly reckless the court can also consider additional damages to compensate for as well.

If wrongful death occurs when a person is at work, the area where the person is at work may be liable for damages. It is important to see an attorney regarding what kinds of damages are available to the estate of that deceased person. It is in fact necessary for that person to move immediately in order to preserve any evidence that is associated with wrongful death. Often and occasionally, unfortunately, some evidence can be spoiled or can be not preserved and not available for later action. If you get an attorney involved quickly, that attorney can put that organization on notice and if the court decides that the entity was put on notice then that organization cannot just use the excuse conveniently in court that the evidence isn’t available. The jury may have to assume the worst possible scenario in the absence of that evidence.

Auto Accidents and Legal Representation

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Call The Barrera Law Firm for a free consultation following a car accident.
If you’re in an auto collision and the other person involved in that car wreck does not have insurance your options are not completely exhausted. You have other options available to you. Your own policy may have provisions included in it which will allow you to recover. An insurance contract is an agreement between you and an insurance company. You pay into it every month, or every six months or every year and you are expected to get something in exchange or in return for what you gave them. They, on the other hand, will be responsible for providing you what has been promised. In this case, you will have various things in your policy that may be included such as Personal Injury Protection, Under-insured Motorist or Uninsured Motorist. These aspects protect you when you are in an auto accident. They will provide you money that can be advanced toward hospital expenses or towards other expenses that are associated with the collision.

One thing to keep in mind is that an insurance adjuster is an individual who works for the insurance company. They do not work for you. They represent an insurance company which is a business, and that business is set up to be as profitable as possible. When you are involved in a collision, that insurance adjuster is not looking at your best interests alone. They are looking at the interests of the insurance company. Seeing an attorney is absolutely imperative when you’re in a collision because an attorney will be looking at your best interests and insuring that every possible form of recovery is granted on your end. The best thing to do before making any kind of recorded statement or communicating with an insurance adjuster is call an attorney. Call an attorney to get signed up to represent you so that insurance adjuster will have to go through that attorney who is equally or better matched against that insurance adjuster and their attorneys to represent your best interests.

Very often an insurance adjuster will try and take advantage of an individual’s uninformed position in an auto collision and offer a sum of money, which seems very tempting at the time. They’ll bring you a check, you’ll sign for it, you’ll have money in the bank. However, what happens when you accept that check, well the insurance company has essentially washed their hands of any future medical expenses you may have, or complications associated with your claim or new and relevant information about your claim that may come up about your auto collision that will be more expensive for you. And in doing so, your business is concluded with that insurance company. However, if you inform your attorney and ask them to represent you in your best interest they will ensure that all possibilities are explored and that you get the best possible situation for you, not the insurance company.

18-Wheeler Accidents: What You Need to Know

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If you're in an auto accident with an 18-wheeler, call The Barrera Law Firm
As more and more goods and services are shuttled on our country’s many highways by big 18-wheeler trucks, the more chances there are for accidents to occur. While most big rig drivers operate well within safety regulations, when cars and trucks are speeding down the highway at 65 mph or more, the risk of accidents does increase, as does the danger of them causing more damage to the victims involved. If you are involved in an accident with an 18 wheeler, then there are some things you need to know:

  1. Determine who was at fault in the accident. Accidents can happen so fast, and in the confusion it can be difficult to determine who was at fault. When the officer shows up at the scene of the accident to make an official report, be sure you give them the full story, including all the details you can remember. If you know that the 18 wheeler caused the accident, provide a clear reason behind your logic and make sure it gets into the official accident report, as this will be used later to determine your insurance settlement.
  2. Get your injuries assessed by a medical professional. If you have been injured, go immediately to a hospital to have your injuries assessed by a professional. If you cannot drive yourself, go with an ambulance. Make sure you are get a complete report from your doctor as to the injuries you sustained from the accident. You will need this later on when you file with the insurance company of the 18 wheeler to have your medical bills paid.
  3. Obtain a copy of the official accident report from the police department. You also need to obtain a copy of the official accident report from the police department. You can either go down to the courthouse yourself to obtain your official copy or you can allow your 18-wheeler accident lawyer do it for you. This will be used to determine who was at fault for the accident. If it was determined the 18 wheeler was at fault, you will be able to file a claim with their insurance company for your medical bills, property damage and personal injury.
  4. Get an 18 wheeler accident attorney. Using an 18-wheeler accident attorney will get your claim settled in a more timely manner. The laws regarding accidents with 18 wheelers are different than those regarding regular auto accidents. Lawyers who have special training and expertise in 18-wheeler accidents are better suited for taking on this type of claim. In order to get the full settlement you deserve, it takes a little work, and if you are feeling poorly due to your injuries fro the accident, you simply may not be up for the task. Let an 18-wheeler accident attorney do it for you, it is their job after all.

Being in an accident with an 18-wheeler is never a good time. By getting a good lawyer and getting your claims filed right away, you can get it taken care of as soon as possible so you will be free to move on with your life.

Making a Strong Criminal Defense Strategy

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Help justice fall in your favor. Call The Barrera Law Firm for a free consultation.
Ending up on the wrong end of the law, whether you are guilty of an actual crime or not, is no laughing matter. It is a serious situation that deserves a your utmost attention. Building a strong criminal defense strategy is important as it is all that stands between you and your freedom and heavy fines. Don’t wait until the last minute to plan your defense strategy as you want to give yourself plenty of time to prepare so your defense will go smoothly when you finally have your day in court.

  1. Choose your criminal defense team wisely. Always research at least three criminal defense lawyers before you decide on one. Choose one that has had experience with your specific type of situation. You may want to ask friends and family if they have had any experience with criminal defense lawyers. If you know of anyone who has had a case like yours and won, make sure you give their lawyer a try. A criminal defense team that is familiar with your type of case will better your chances of getting a verdict that falls in your favor.
  2. Discuss your defense options. Talk to your lawyer about your defense options. There are generally three versions of events that defendants of criminal defense cases have. The three options are a confession, in which you admit your guilt, a complete denial, in which you deny your part in the crime, and an admit and explain story, in which you admit to part of the story but not all of it.
  3. Disclose any and all details of your case to your criminal defense team. It is important to give your criminal defense team all of the details concerning your story. They need to know if there is any chance of surprise evidence or witnesses coming forward for the prosecutor. When your lawyer knows the whole story, they can prepare your defense around it.
  4. Decide on a strategy and then stick with your story. Once you and your criminal defense team have decided on a defense strategy, you will need to come up with a solid story. Practice your story day and night. Go over every detail until you know it by heart. Its easy to get scared and confused once you get up on the witness stand to be interrogated by the prosecutor. Having your side of the story completely planned and ready to go will help take the edge off so you wont’ appear so nervous to the jury when you are in the hot seat.
  5. Look professional when you show up in court. When you show up in court, make sure you look your best. For men, you should wear either a suit or at least a button down shirt and slacks. Try to cover, or minimize, tattoos and jewelry. Women should look professional as well, in either a pants suit or dress. Looking your best for court shows that you are serious. Since this will be the first impression the jury has of you, make sure it is a good one as they will be deciding your fate.

What is a Pretrial Diversion in Texas?

Gavel with sound block and scales of justiceA Pretrial Diversion in Texas is an opportunity, available in some counties, to get educated and monitored for a period of time, and if all conditions of this contract are satisfied, one’s case is then dismissed.

This contract is dependent on the policies, procedures, and a case-by-case review.

A competent lawyer must review the evidence in advance to make sure the Pretrial Diversion is an appropriate alternative. If one fails a Pretrial Diversion, they are waiving a jury trial, which is a very valuable right.

For more information, call The Barrera Law Firm, P.C. at 956-428-2822 for a free consultation.

Divorce: Why You Need Good Representation

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If separation is the solution, call The Barrera Law Firm for a divorce legal consultation

When a marriage has reached a point where the only solution to problems are separation, its time to talk about divorce. When you are married, it is often the case that finances become intertwined. A divorce is the process of legally separating a couple’s finances in a way that is, hopefully, fair to both parties. While in a perfect world people would be able to do this simply between themselves, without the assistance of a lawyer and judge, most of the time the emotions that are a natural part of divorce prevent this from being a possibility. A good family lawyer, specializing in divorce, is a critical part of obtaining a fair settlement from a divorce proceeding.

  1. Calm and clear guidance. A good divorce lawyer will give you calm and clear guidance during your divorce. While your emotional state may prompt you to irrational and hasty decisions, the lawyer, who is emotionally neutral, will be able to guide you to make more productive choices.
  2. They know the way the system works. Going through a divorce is a complex task. There are many laws, statutes, and protocols that must be followed. While this may be your first divorce, it is one of many for a good divorce lawyer. This experience with divorces and having good divorce representation at your side will help you to navigate the waters of the divorce system and steer you clear to the other side with as little trouble as possible.
  3. Better chance of child custody going your way. When a divorce involves children, things can get even trickier. Choose your divorce lawyer very carefully if you will be fighting for custody of your children. Make sure that the lawyer you choose has had good success in the past with child custody suits.
  4. Will act as a mediator between you and your spouse. While you and your spouse may have trouble talking rationally about how to divide up your common estate items, a lawyer has no emotional ties to either of you and can act as a neutral mediator between you and your husband. For this reason, you want to make sure the divorce representation you choose is someone you feel comfortable with and who has a history of getting his clients fair divorce settlement.
  5. Why would you want anything less than great legal representation? A divorce can be one of the most challenging, and life changing, events in your life. Depending on how your divorce is settled, you could end up with, or without, your property, children and financial security. Why wouldn’t you want the best possible divorce representation to guide you during this difficult time? Choosing the least expensive divorce lawyer could end up costing you way more than you bargained for in the end, so do your research and make sure you choose a good one.

Having the best divorce representation possible is vital to getting a fair divorce settlement. With the right lawyer at your side, your divorce will proceed much more smoothly and result in a much quicker, and more amiable, split with your soon to be ex-spouse.

Holiday Enforcement of Family Law Court Orders

 

Most court orders relating to child custody have provisions for Christmas possession and access to minor children.

These orders can be in the form of a Divorce Decree or a child support order. Sometimes, these orders are only found in protective orders, temporary orders, or they don’t exist at all. One should be sure to check to be sure they have a valid court order with an actual Judge’s signature.

If you have a court order that was never explained to you, see a lawyer and get every single paragraph of every page explained. If you don’t have any court order relating to your children and you don’t live with the other parent who has possession of the children, you must establish the order as soon as possible.

Holiday orders tend to be standard or custom, depending on the circumstances surrounding the children. These orders can be clarified, modified, and even enforced, if necessary.

Don’t wait for the holiday season to pass before you miss your chance to exercise your rights.

 

For more information, call The Barrera Law Firm, P.C. at 956-428-2822.

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