While divorcing couples frequently carry credit card debt, often little attention is paid to these debts beyond their being assigned to one spouse or the other in the divorce judgment attorney staten island.
Care must be taken that a spouse will not be held responsible for additional credit card debts incurred by the other, and that each spouse is protected to the maximum extent possible if the other fails to make payments and ultimately to pay off their share of any joint credit card debt.
Remember: Creditors are not obligated to respect the terms of your divorce judgment attorney staten island.
Assigning Responsibilty for Credit Card Debt
Often the parties to a divorce will assign to each spouse the responsibility for specific credit cards and their associated debt. To help ensure that all joint debts are identified, including any credit cards which may have been taken out by one spouse without the other's knowledge, it may be beneficial to get copies of the credit reports of the divorcing couple, and to make sure that the debt from any creditor not paid off in full is assigned to one spouse or the other.
Cutting Off Your Liability For Additional Debt
When you divorce attorney staten island, you should make sure that you either close any joint credit cards, or that at a minimum you have your name removed from any joint accounts which will continue to be used by your spouse. This will not end your liability for debts incurred up to that point, but should end your responsibility for any new debts incurred on those accounts by your spouse.
Similarly, if you hold any accounts in your own name for which your spouse is an authorized signer, you should revoke the authorization.
Showing posts with label new york domestic abuse law. Show all posts
Showing posts with label new york domestic abuse law. Show all posts
Saturday, March 20, 2010
Battered Woman Syndrome
Battered woman syndrome attorney staten island (BWS) was first proposed in the 1970's and was essentially based on the clinical observations of a single researcher. Nevertheless, the concept quickly caught on and became a popular way to justify behavior in some courts. However, while it initially enjoyed success in portions of the legal arena, BWS has not been established nor accepted in the field of psychology by serious and rigorous empirical researchers.
To be sure, clinical syndromes do exist, and BWS may indeed exist, but to date there is insufficient empirical evidence to show this syndrome meets the rigorous diagnostic criteria of psychology or the law. If BWS does exist, there is no reliable means to identify those who suffer from it from those who merely claim it as a legal defense.
BWS appears to be the product of legal advocacy and not science. BWS seems to owe its existence to the needs of legal attorneys staten island to support and justify claims by battered women who have killed. Given the lack of an established, empirical, scientific basis and its failure to achieve specific political and social policy goals for women, BWS may not be long for this world.
BWS has been employed in a wide assortment of cases, ranging from the prototypical self-defense case to the more novel prosecutorial use of the syndrome. In the former set of cases, courts define the syndrome's relevance variously, from supporting the honesty of the woman's belief in the need to use deadly force to her mental incapacity to form the requisite mental intent. In the latter set of cases, in which prosecutors use the evidence, the evidence's relevance is ostensibly offered to explain why a battered woman might change her testimony (i.e., commit perjury) and testify that she was not a victim of battering; in fact, BWS is probably used to buttress the prosecution's case by showing prior violent acts by the defendant that would otherwise be excluded by the rules of evidence.
BWS attorney staten island offers broad interpretations of conduct for which there is no empirical support. As courts begin to apply Daubert styled tests of admissibility that query the scientific basis for BWS testimony, they will discover the serious lack of scientific support for BWS. There are numerous non-specific signs that a clinician favorably biased towards BWS will "see" in the reports of a woman relating a history of battering. Such clinicians are quick to then label the clinical history as causing BWS, and the BWS as justifying or explaining the woman's subsequent unlawful conduct. The clinical error or trap lies in the fact that these signs are commonly seen in a variety of conditions, and none are specifically tied to BWS. Further, the patient can simply lie about or exaggerate their abusive history with a host of non-specific signs. There is a human tendency to accept ready explanations and BWS offers just that. This unreliable manner leads to inaccurate diagnosis. A principal tenant of science is there must first be reliability, and absent this, there can be no validity, that is, no trustworthy diagnosis. So, how can anyone determine who does and who does not suffer with BWS? The simple answer is, we cannot.
To be sure, clinical syndromes do exist, and BWS may indeed exist, but to date there is insufficient empirical evidence to show this syndrome meets the rigorous diagnostic criteria of psychology or the law. If BWS does exist, there is no reliable means to identify those who suffer from it from those who merely claim it as a legal defense.
BWS appears to be the product of legal advocacy and not science. BWS seems to owe its existence to the needs of legal attorneys staten island to support and justify claims by battered women who have killed. Given the lack of an established, empirical, scientific basis and its failure to achieve specific political and social policy goals for women, BWS may not be long for this world.
BWS has been employed in a wide assortment of cases, ranging from the prototypical self-defense case to the more novel prosecutorial use of the syndrome. In the former set of cases, courts define the syndrome's relevance variously, from supporting the honesty of the woman's belief in the need to use deadly force to her mental incapacity to form the requisite mental intent. In the latter set of cases, in which prosecutors use the evidence, the evidence's relevance is ostensibly offered to explain why a battered woman might change her testimony (i.e., commit perjury) and testify that she was not a victim of battering; in fact, BWS is probably used to buttress the prosecution's case by showing prior violent acts by the defendant that would otherwise be excluded by the rules of evidence.
BWS attorney staten island offers broad interpretations of conduct for which there is no empirical support. As courts begin to apply Daubert styled tests of admissibility that query the scientific basis for BWS testimony, they will discover the serious lack of scientific support for BWS. There are numerous non-specific signs that a clinician favorably biased towards BWS will "see" in the reports of a woman relating a history of battering. Such clinicians are quick to then label the clinical history as causing BWS, and the BWS as justifying or explaining the woman's subsequent unlawful conduct. The clinical error or trap lies in the fact that these signs are commonly seen in a variety of conditions, and none are specifically tied to BWS. Further, the patient can simply lie about or exaggerate their abusive history with a host of non-specific signs. There is a human tendency to accept ready explanations and BWS offers just that. This unreliable manner leads to inaccurate diagnosis. A principal tenant of science is there must first be reliability, and absent this, there can be no validity, that is, no trustworthy diagnosis. So, how can anyone determine who does and who does not suffer with BWS? The simple answer is, we cannot.
Monday, December 14, 2009
Legal Consequences of Domestic Abuse
Domestic violence is violent conduct between:
•Spouses
•Family members
•Those residing in the same household that causes or threatens injury.
Where the violence is between adults, a state generally won't get involved unless the conduct becomes criminal in nature. Most states have a list of criminal statutes that, if violated, qualify as domestic violence if the victim is a family member or lives with the person violating the statute.
The legal consequences of domestic violence vary from state to state.
In general, courts are authorized at a first (or "emergency") hearing to act on a temporary basis. For example, where there is reasonable suspicion that domestic violence has taken place, the court may temporarily restrain the person accused of domestic violence from contact with the victim.
Where appropriate, the court will restrain the person accused from contact with the children of the victim or the parties.
Temporary restraints may require the accused person to move out of the shared residence. These restraints may also bar contact at the workplace or school as well as the residence, heaping a substantial burden on the person accused of domestic violence.
Shortly following a first or emergency hearing, a court must hold a full hearing or a trial to determine whether or not domestic violence occurred. If the court decides there was domestic violence, the judge can offer a wide range of remedies, which differ from state to state. These remedies may include:
•Permanent restraints
•Award of money damages
•Liability for child or spousal support
•Orders regarding child custody and visitation
Additionally, if a court finds someone to have been violent, the court may refer the matter to law enforcement for criminal prosecution.
Most states have shelters to house victims of domestic violence. Many police departments intervene aggressively in domestic violence situations to encourage the victim to bring criminal and civil charges against the abuser.
Eric M. Gansberg is your #1 source for a family law attorney regarding domestic violence in New York and Staten Island! He has the background and experience to make sure your interests are protected first. Choose Eric M. Gansberg for all your domestic law attorney needs!
•Spouses
•Family members
•Those residing in the same household that causes or threatens injury.
Where the violence is between adults, a state generally won't get involved unless the conduct becomes criminal in nature. Most states have a list of criminal statutes that, if violated, qualify as domestic violence if the victim is a family member or lives with the person violating the statute.
The legal consequences of domestic violence vary from state to state.
In general, courts are authorized at a first (or "emergency") hearing to act on a temporary basis. For example, where there is reasonable suspicion that domestic violence has taken place, the court may temporarily restrain the person accused of domestic violence from contact with the victim.
Where appropriate, the court will restrain the person accused from contact with the children of the victim or the parties.
Temporary restraints may require the accused person to move out of the shared residence. These restraints may also bar contact at the workplace or school as well as the residence, heaping a substantial burden on the person accused of domestic violence.
Shortly following a first or emergency hearing, a court must hold a full hearing or a trial to determine whether or not domestic violence occurred. If the court decides there was domestic violence, the judge can offer a wide range of remedies, which differ from state to state. These remedies may include:
•Permanent restraints
•Award of money damages
•Liability for child or spousal support
•Orders regarding child custody and visitation
Additionally, if a court finds someone to have been violent, the court may refer the matter to law enforcement for criminal prosecution.
Most states have shelters to house victims of domestic violence. Many police departments intervene aggressively in domestic violence situations to encourage the victim to bring criminal and civil charges against the abuser.
Eric M. Gansberg is your #1 source for a family law attorney regarding domestic violence in New York and Staten Island! He has the background and experience to make sure your interests are protected first. Choose Eric M. Gansberg for all your domestic law attorney needs!
Tuesday, November 3, 2009
Domestic Abuse Law with Eric M. Gansberg, Attorney at Law
In New York, domestic violence or domestic abuse includes physical abuse, mental abuse, and emotional abuse. These are serious crimes and need to be solved professionally.Who can be involved in domestic abuse?
Domestic abuse is a family law issue, and sometimes a criminal law issue, involving anyone who is a family or household member. Domestic abuse is a serious situation and needs to be handled by somebody who is both knowledgeable and compassionate.
What can be done?
If you are a victim of domestic abuse, you can petition for a restraining order called an Order of Protection. An Order of Protection limits or prohibits contact. An Order of Protection can be temporary or permanent (typically up to two years, but can extend up to five years under certain circumstances).
What can be done to protect abused children?
Family offenses directed toward children can be addressed by the Family Courts (in addition to criminal courts) through court-ordered supervised visitation or through issuing an Order of Protection. Often, child abuse is considered a serious crime and consequences may include incarceration. You need an experienced lawyer with a solid background but is also compassionate to this very sensitive issue.
Eric Gansberg represents clients throughout the New York City metropolitan area who require legal assistance to address changes in their family dynamics. Since 1984, Mr. Gansberg has focused his practice in areas that help individuals and families deal with change.
If you are a victim of domestic abuse, you can petition for a restraining order called an Order of Protection. An Order of Protection limits or prohibits contact. An Order of Protection can be temporary or permanent (typically up to two years, but can extend up to five years under certain circumstances).
What can be done to protect abused children?
Family offenses directed toward children can be addressed by the Family Courts (in addition to criminal courts) through court-ordered supervised visitation or through issuing an Order of Protection. Often, child abuse is considered a serious crime and consequences may include incarceration. You need an experienced lawyer with a solid background but is also compassionate to this very sensitive issue.
Eric Gansberg represents clients throughout the New York City metropolitan area who require legal assistance to address changes in their family dynamics. Since 1984, Mr. Gansberg has focused his practice in areas that help individuals and families deal with change.
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