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

illustration of Restraining Orders title on Legal DocumentsDomestic 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.

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.

Expunctions in Cameron County and Hidalgo County

Texas law provides a second chance for people who wish to expunge a criminal record. In order to be eligible, it is important to have an experienced attorney to help them understand if they qualify.

Whether it was an arrest at South Padre Island for public intoxication, a DWI in Los Fresnos, or a theft case in Weslaco, each circumstance must be evaluated on a case-by-case basis.

The most important factor to consider for an expunction in Texas is whether the person was ultimately convicted of the offense. A person with a conviction will not be able to expunge their record.

Pretrial diversions that result in dismissals will usually qualify for an expunction. The District Attorney for Cameron and Hidalgo Counties will retain a record but that retained record is not for public databases. It remains as the District Attorney’s own privileged record in case another arrest occurs in that county and may be considered if the person gets into trouble again.

Persons charged with Class C misdemeanors who pleaded guilty or no contest, but received a deferred disposition, might qualify for expunction as long as they committed no offense during that deferred period and the statute of limitations has passed.

If you or a loved one would like more information on whether you qualify to expunge your record, call The Barrera Law Firm at (956) 428-2822 for a free consultation.

Expunge or Non Disclose; What’s the Difference?

In Texas, people sometimes confuse the law on whether they qualify to expunge an arrest record and record of prosecution.  Some people will request an expunction, although they pleaded guilty. If you pleaded guilty, most likely, you do not qualify for an expunction. Pre Trial Diversion Program completions may qualify, depending on what their Pre Trial Diversion Contract says. Also, depending on the method of dismissal, a waiting period may apply to expunge your criminal case as well.  Another important distinction is whether you received a deferred ajudication when you case was dismissed. If you did, and your offense is a Class B Misdemeanor or higher, than you likely do not qualify for an expunction and you would instead have to get an Order of Non Disclosure.

What’s the difference between the two?

The difference is an expunction is an order to destroy all records of arrest and prosecution and a non disclosure basically orders Texas DPS and other governmental agencies to not disclose the record of arrest and prosecution to certain private entities only.

 

For more information, please schedule a free consultation with Attorney Ricardo A. Barrera at (956) 428 2822.

 

Enforcement of Summer Possession in Texas Family Law

The Texas Family Code Standard Possession Order is one of the most misunderstood and controversial areas of visitation in Texas. It is broken down into two very different versions that are based on whether the parents live more than 100 miles from each other, or less than 100 miles from each other.

The Standard Possession Order summer visitation also may change up, depending on whether the parent entitled to summer possession designates dates for visitation prior to April 1st, that are different than the standard dates that begin on June 15 (if you are over 100 miles from where your children reside) and July 1 (if you are less than 100 miles from where your children reside). Also, the custodial parent can designates one weekend in between the 30 days visitation (if less than 100 miles) or the custodial parent may designate two weekends in between the 42 days (if more than 100 miles).

Here are some simple tips in dealing with summer possession:

1) Make sure and notify the other party three different ways, such as email, text, and certified letter of the pick up of the children (even if the court order clearly states it).

2) Keep an agenda over the summer of activities for the children that focus on bonding, developing the children’s education, and having fun.

3) Provide generous electronic access to the other parent, so the children feel comfortable, so long as it at a time that does not interfere with activities.

4) Order education apps or computer programs with lessons and tracking ability to work on the weakest subjects that child has problems with, according to their most recent report cards, You can always ask the teachers for recommendations.

For further information on how one can make sure their visitation rights are enforced, made up, or the other party is penalized for not providing court ordered visitation without a legitimate excuse, call Ricardo A. Barrera with the The Barrera Law Firm, PC at (956)428-2822 for help.

Talking to Children About Divorce

Research shows that children of divorced couples are as psychologically sound as those who come from intact family units. However, as the Huffington Post online reports, they also tend to experience “lingering distress” for years after their parents split.

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Communication with children about a divorce is vital. As is proper legal assistance. Call The Barrera Law Firm for a solid divorce attorney.
The main reason this seems to happen is because most parents do not talk to their children about their breakup. One study has shown that “less than 20% [of young adults from divorced families] said that both of their parents had talked to them in advance of the divorce” and that “only 5% reported that they had ever been given an opportunity to ask questions” about the process. This lack of communication creates “anxiety and helplessness” in children.

By contrast, those children whose parents do include them in the conversation about divorce reported “less painful memories and more positive attitudes” about their parents’ breakup. Following are some tips to help you decide what your children need to know about an impending divorce and how much say they should have in the matter:

  • Once you and your spouse have definitively decided to call it quits, tell your children. If they are young, it may be easier to tell them that “Mommy and Daddy may not be living together but that [they] will be with one or the other parent at all times.”
  • Give your kids a chance to ask questions, such as those pertaining to possible moves, school and schedule changes.
  • Accommodate their wishes as much as possible. That way, they’ll feel more in control of what’s happening to them and that their opinion counts.

Divorce marks the beginning of a sometimes painful adjustment period not just for the parents, but also any children they may have. If you are looking to dissolve your union, seek qualified legal assistance to help you and your spouse reorganize your lives—but don’t forget your children in the process. What they don’t know and aren’t given a chance to express about a divorce can hurt them in the long run.

Divorce and the Family Home

You and your spouse have decided to divorce. In Texas, property division is a big part of what comes next in the dissolution process. While such issues as child support, custody, visitation and maintenance can be revisited and modified in a divorce decree, you should know that once your property is divided, no changes can be made.

Where the family home is concerned, the spouse who receives primary custody of the children often feels compelled to keep the property. That spouse will typically argue that the children should experience as little disruption to their lives and routines as possible. Other arguments may center around emotional attachment to the home itself.

Regardless of whether children are involved or not, both spouses should put dollars and cents before sentiment when considering what to do with the family home. The individual who ultimately does get the property—if it is not sold—will have to consider how he or she will deal with mortgage payments, property taxes, insurance, utility bills and routine maintenance on a smaller post-divorce budget.

Before the actual division is made, each spouse should evaluate their asses and debts to figure out whether keeping the family home is economically viable. While it may be possible for you (or your soon-to-be ex) to keep the family home, doing so may be unwise depending on what you/your spouse must give up to receive and keep the property.

For example, the spouse with the greater interest in the home may have to renounce their interest in such assets as 401(k) accounts, pension or other retirement plans and turn them over to the other spouse to achieve a fair division of property held in common. If the cost to keep the family home is too high, then it is probably best for the divorcing couple to sell the family home.

The attorneys at the Barrera Law Firm can help you make the best decision possible regarding whether or not to keep the family home. They will explain your options and develop a no-nonsense plan to make the division of property between you and your spouse one less thing you’ll have to worry about.

Divorce Statistics

So are their predictors to a divorce or is it all a crap shoot?

A walk down the aisle is one of life’s biggest gambles. A Time online article reports that “an average couple has a 57% chance of seeing their 15th wedding anniversary.” But statistics say little about which newlyweds will manage to stay together over the long haul. What can offer insight into the marriage crapshoot are a bride and groom’s maturity, the relationship they have with each other, their financial standing and their respective family histories.

The age difference between a bride and groom is important. Two young people fresh out of high school stand less chance of succeeding as husband and wife than a mature man and woman of at least 25. But, cautions Time, older does not mean better: “marrying at age 35 is not any better than 25.”

Premarital cohabitation is no guarantee of success either. Statistics show that men and women who live together before marrying are actually more prone to getting divorced than those who do not. This is likely because “whatever it was that made them not want to get married in the first place ended up becoming a problem long term.”

If a newlywed husband leaves all housework and child-rearing duties to his wife, this may cause resentments that, over time, will undermine the relationship and help to bring about eventual dissolution. Mutual sharing of domestic responsibilities helps couples long-term.

Money issues also determine the success or failure of a marriage. A relatively small amount can help a lot. Time online reports that if a couple together earns “a modest $50,000 as a family, the odds of seeing their 15th anniversary jumped to 68%.” Interestingly, wealthier couples will typically divorce over interpersonal conflicts while those with less money will divorce because of financial problems.

Children of divorced parents are 14% more likely to end up divorced themselves. However, those who come from a household where marital problems were out in the open tend to do better in their marriages than those who come from households where interpersonal difficulties between parents were kept out of sight. Individuals in the latter group tend “not trust their relationships.”

If your own “marriage gamble” doesn’t pay off long-term, you’re in good company: in fact, you’re actually in the majority. Many factors—some of which are out of your control—go into to making a marriage work than just saying “I do.”

But keep in mind what IS in your control if your marriage must head towards divorce: which is how you handle the divorce. The best option is always to seek the help from a good family lawyer.

What Women Seeking a Divorce Should Know

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Facing divorce? Call The Barrera Law Firm for expert legal assistance.

No matter how you slice it, divorce is difficult for everyone involved. But if you are the wife in a marriage where your husband is the breadwinner and/or controls the family finances, the situation could get especially sticky.

Forbes online recommends that you should take especial care in getting your financial house in order as you prepare for an independent life: “it’s critical that you immediately gather all your financial records, including bank account information, mortgage statements, credit card bills, wills [and] trusts.” You should also go over your will and/or any medical directives you have to make sure that you prevent your husband “from making medical decisions on your behalf or inheriting all your assets should you die before the divorce agreement is signed.”

Once you’ve stored all important documents in a secure place that only you can access, next thing to do is get a copy of your credit report and keep a close eye on it. That way, “you’ll know if your husband is charging gifts for [a] girlfriend under joint credit cards, or if he’s dissipating marital assets in some way. Plus, you’ll also be able to keep tabs on your all-important credit score.”

The next thing to do is open new accounts in your name: make sure that you don’t use the same bank for you and your husband may have joint accounts. “Go to a different bank, and open a new checking and savings account in your name.” If you don’t already have a credit card in your name, Forbes suggests you get one.

Once your accounts are open, the website suggests that you “begin securing funds for legal and other professional fees.” This may be one of the most difficult of your tasks: Forbes states that “if your husband controls all access to the family funds, he can make it difficult (if not impossible) for you to have the resources necessary to hire a divorce team you need.”

Finally, since you will very likely be receiving legal and financial mail that you will want to keep confidential, you will want to open a post office box. That way, you’ll know “that your mail is being delivered to a secure, locked box” and have that much less to worry about during a time of upheaval and change.

Divorce Rates

(Reuters) – Men and women in the South have higher rates of divorce than any other region of the country, while those in the Northeast have the lowest, according to a Census Bureau report on Thursday.

Statistics from “Marital Events of Americans: 2009,” show that in the South, per 1,000 men or women, divorce rates were 10.2 and 11.1 percent.

By contrast, Northeastern men and women had divorce rates at 7.2 and 7.5 percent.

The national divorce rate was almost 10 percent, at 9.2 for men and 9.7 for women.

The report is the first to examine and detail marriage, divorce and widowhood among Americans ages 15 and older, using data from the 2009 American Community Survey (ACS).

“Divorce rates tend to be higher in the South because marriage rates are also higher in the South,” Diana Elliott, a family demographer at the Census Bureau, stated in the report’s release.

To read the full article, click here.

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