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posted by admin on Nov 20

Domestic violence, also known as partner abuse, spouse abuse, or battering, occurs when one person uses force to inflict injury, either emotional or physical, upon another person they have, or had, a relationship with. It occurs between spouses and partners, parents and children, children and grandparents, and brothers and sisters. Victims can any age, race, or gender.
Domestic violence is the single largest cause of injury to women between the ages of 15 and 44 in the United States, more than muggings, car accidents, and rapes combined. Each year between 2 million and 4 million women are battered, and 2,000 of these battered women will die of their injuries. Violence against men by women is also a problem, according to the August 2000 Annals of Emergency Medicine. In a study of an inner city hospital, men reported slightly more physical violence than women (20 percent of men and 19 percent of women), although women reported significantly more past and present nonphysical violence than men.

posted by admin on Nov 20

Assault and battery is the combination of two violent crimes: assault (the threat of violence) and battery (actual physical violence). The main distinction between the two offenses is the existence or nonexistence of touching and/or contact. While contact is an essential element of battery, there must be an absence of contact for assault. If the victim has been actually touched by the person committing the crime, then battery has occurred. If the victim has not actually been touched, but only threatened, then the crime is considered to be assault.
Battery requires no minimum degree of force, nor does it need to be applied directly; i.e. administering poison and transmitting a disease may both be legally considered as battery. Accidents and ordinary negligence are not, nor is reasonable force used in the performance of duty (e.g., by a police officer trying to subdue an offender). Assault and battery are offenses in both criminal and tort law and can give rise to criminal or civil liability. In criminal law, an assault may additionally be defined as any attempt to commit a battery.

posted by admin on Nov 20

The right to drive is a privilege, which is mainly governed by the individual states. Traffic violation attorneys deal with a mix of regulatory and penal (criminal) offenses typically based on violations of state statutes and county, city or other local ordinances relating to the operation of vehicles. However, federal implications may apply, depending on the nature of the violation.

Traffic violations are considered criminal matters, and are handled as criminal law cases. As a result, the sentence imposed is an obligation that the offender has towards the state for violation of law. This means that the offender can be ordered to forfeit his/her personal freedom, rather than just being ordered to pay a money judgement to someone else, which is the typical civil law outcome. The state could be a local township, municipality, city, county, state, or even the federal government. However, unless you’ve committed a major violation or the violation is otherwise dangerous or life-threatening to other motorists, the officer will simply issue you a traffic ticket.

A traffic ticket is a citation or summons issued to a violator of one or more traffic violations (motor vehicle laws). The citation or summons, issued by a police officer or other authorized representative of the government, is an order to appear in court before a judge (or magistrate). After being issued the citation or summons, the person accused of violating the law can remain free pending his/her need to appear in court.

No, it’s just your acknowledgment of receipt of the notice to appear. Because you are actually being charged with a violation of law, the officer could take you into custody if you refuse to sign the ticket. But, by signing the traffic ticket, you avoid being taken into custody and are actually released on your own recognizance pending the court date. It’s in your best interest to sign the ticket, so you remain free and retain your right to show up at the court hearing to dispute it or otherwise resolve the matter.

If you are the holder of a commercial driver’s license (CDL) and are convicted of certain traffic violations while operating a commerical motor vehicle (CMV) or you hold any of these types of licenses: Chauffeur License, Minor Restricted License, Recreational, Farmer & H-Hazardous Materials, you are subject to stiffer penalties which may result in the suspension or revocation of your license. Even if you are not a commercial driver, the consequences of traffic violation convictions can be quite bad. Depending on the severity of the violation, you should consider retaining a traffic violations lawyer who can advise you of your legal rights and represent you in court. Use the form on this page to find a qualified traffic violations attorney to suit your needs and legal situation.