Restraining Orders

Restraining orders come in two basic varieties – those relating to domestic violence and those affecting the transfer of property or creation of debt.

This lawyer abhors domestic violence. He also recognizes that domestic violence claims are sometimes overused and under-supported by competent evidence or a history of abuse. Domestic violence restraining orders may give a spouse or domestic partner a strategic advantage over the control of a family residence, custody of children, or the obligation to pay spousal support. This is because DV orders often include “kick out” orders, they create a legal presumption that the domestic violence perpetrator should not share joint legal and physical custody of minor children, and a person who has had any domestic violence orders issued against them may be deemed ineligible to receive alimony from the victim spouse. Of course, persons who have had these types of orders issued against them on a permanent basis are not entitled to own or possess firearms – possibly forever.

For these reasons if the other spouse or domestic partner has accused you of abusive conduct or behavior and has filed for these types of orders, you may want to take the proceedings very seriously. Because rules of evidence govern the admissibility of your proof that you did not commit the alleged acts of abuse, you probably want to have a competent legal professional at your side at once.

At the same time, if you are a victim of domestic violence, We are eager to assist you. Like many attorneys who become devoted to family law, he takes pride in protecting people who are victimized by others.

Garden variety property restraints are not nearly as complicated but they may have important consequences for you. It is essential that early on in a dissolution or legal separation that the status quo be frozen so that one spouse is not able to conceal or squander valuable assets in which you may have a community property interest. While it is true that the California Family Law Summons contains Automatic Temporary Restraining Orders (ATRO’s) this may not be enough to ensure that your interests are preserved. If you share substantial assets or there are things that are important to you that deserve being preserved, consider contacting our office.


Sources: Long Island Divorce Lawyer – Jay Raxenberg

Restraining Order – Wikipedia

New York State Restraining Order Rules – The Law Dictionary

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How to Select an Adoption Lawyer

How to Select an Adoption Lawyer

Whether you’re looking to give up a child that you simply can’t keep or you want to find a way to bring a baby home (but you’re having trouble on the fertility front), you’re going to need to go through legal channels to make sure that the adoption process is on the up and up.  Although many couples (or singles) opt to engage the services of an adoption agency or browse through a lawyers directory, and this is generally perfectly acceptable, you never really know what kind of service you’re getting this way.  If you choose an attorney instead, you’ll be sure that all the legalities are seen to so that you don’t have any problems down the road (like a wayward child returning to ask why you didn’t want him, or parents that gave up a child coming back to claim him).  In short, it pays to be diligent and do everything you can to go through the proper legal channels for adoption.

Here are just a few things to look for when selecting a lawyer to help you navigate the process.


The most important thing to ascertain is the experience level of the attorney you’re considering hiring.  Many lawyers (or law firms) field a variety of cases rather than specializing in one area.  Since family law, and adoption law in particular, is a very specific type, it requires a practiced hand to ensure that the process goes smoothly.  So before you pay the retainer, you’ll definitely want to secure a lawyer that has a proven track record of successful adoption proceedings (with no trouble down the road).  You can not only ask for the number of adoptions they’ve brokered, but also for referrals to previous clients that can relate their own experience.  In fact, you may be able to find an attorney simply by asking around.  You likely know people who have adopted, or you can find friends of friends to talk to about hiring someone experienced.

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In addition, you’ll need to hire someone who is available.

Since there aren’t a lot of lawyers specializing in this field, finding someone good that comes with stellar recommendations could mean putting your name on a waiting list.  This is never a good sign.  If you have issues you need to know that you can reach your attorney at any time: day, night, or weekend.  If they’re not willing to be on-call, you should think about looking elsewhere.  And don’t forget about the cost.  Although no prospective parent wants to put a price on their dream of having a child, you definitely want to make sure you have something left for the college fund.  As for those parents looking to give a child up for adoption, you should make sure that the new parents will be billed for your portion of the legal expenses (generally, they will cover everything).Couple meeting with financial adviser

Adoption can be a sticky legal process, and no matter which end of it you’re on, you don’t want to pile on any additional complications.

So exercise care and do your research when hiring an adoption lawyer. Finding the right person to walk you through the process can help to make an otherwise overwhelming experience easy and stress-free.

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