How a Domestic Violence Lawyer Can Assist in Legal Proceedings

By hiring a domestic violence lawyer, many people have successfully had restraining orders issued to protect them from an abusive spouse, family member or other domestic partner. Speaking with an experienced and knowledgeable attorney has allowed many people to have their questions answered.

There may be different laws regarding these crimes and their penalties in each state, so speaking with an attorney is often the best way to determine which steps one must take to obtain a restraining order or to pursue other legal measures.

The sooner a person is able to file for a restraining order, the more likely it becomes that the court will provide one immediately. Those who wait longer to file may find that the order is eventually obtained, but it may take longer than had the victim filed immediately following the incident. For more information about restraining orders or when to file them, speak to a family law attorney specializing in this field.

Speaking to an experienced domestic violence lawyer may help to change the result of any legal pursuit against an abusive spouse or family member. Doing this early, just after an incident of abuse or violence, can mean better results for some people.

Domestic violence cases may be considered both criminal and civil crimes and have different punishments depending on the particular circumstances of the incident and the state in which the parties reside.

Not only is this a crime against an individual, but it is also often considered a crime against the community as a whole. In many cases, these crimes may be prosecuted without the victim’s assistance. The precise laws governing these cases may vary from state to state. Those interested in obtaining more information should consult a knowledgeable attorney.

There are often several resources for victims of domestic violence. Many non-profit organizations offer assistance to women and children who are the victim of these domestic crimes. Male victims may have similar resources as well. Victims of these crimes are often encouraged to seek outside help to avoid a repeat of the incident or to stop such violence from continuing.

Many domestic abusers often target vulnerable victims who are easily persuaded not to seek assistance. These abusers are often very controlling or manipulative, so seeking outside help is essential. This may be in the form of an attorney, a shelter offering assistance to victims of domestic violence, from a friend or family member or from the police.

Advantage of Using BSC For Legal Departments

Using the BSC for legal department measurement and evaluation is a technique that may be employed by a lot of companies in order to determine the performance level of their legal departments. This way, the method of evaluation is made simpler and more efficient with the use of a time-tested and proven evaluation tool.

The legal department of a company is in charge of making sure that the rules, regulations, and policies of the company are being carried out and observed by its members. Also, the department is given the task of handling all the legal matters that may be faced by the company, such as entering into contracts, making proposals, handling internal disputes, discipline of members, and the institution of suits and answering them, in case the company is made subject of one. This shows that the legal department has one of the most critical functions in the company structure. Hence, there is a need to constantly monitor its performance and effectiveness.

The present day has a large demand for satisfactory metrics and performance indicators in order to properly gauge the value of the legal services that are delivered by the concerned department in a company. Being a part of the latter, the success of the company has a large bearing in the success of the legal department because it handles one of the most crucial aspects of the functions of the company.

In taking consideration of the basic perspectives that affect a company, such as the financial, customer, internal business processes, and learning and growth, in relation to the vision and strategy of the company, the performance of each department can be better evaluated because of the specific concentration on each perspective. More so in legal departments, where in certain cases, the very existence of the company is placed on the table. The relationship of the legal department to the company in terms of the four perspectives involved in the balanced scorecard is also highlighted in the determination of its performance level.

As a feature, the balanced scorecard is a very simple measurement and evaluation tool to use in gauging the performance level of a department, or the company as a whole. Also, this instrument is a very economical tool to use. This reality is contrary to the general idea that using performance evaluation tool is a very complicated process, needing the expertise of measurement and evaluation experts and causing the company to incur a lot of expenses. With the fact of its ease of use and economical nature, the company will undoubtedly experience a more efficient evaluation process without the allotment of a lot of expense.

The value of the legal department to a company cannot be discounted. Using the BSC for legal department evaluation will certainly prove to be a good move for the company, considering that efficiency and economy are always in the forefront of the list of objectives of every company. All that has to be done is to know how to implement the tool and everything can be expected to flow downhill from there.

Identity Theft Law – The Legal Implications and Consequences of Identity Fraud

Identity Fraud is a serious offense and identity fraud law has been enacted in the United States of America to curb this growing menace. Lawmakers and law enforcement agencies became aware of the growing incidence of identity theft and passed the Identity Theft and Assumption Deterrence Act (ITADA) in 1998 to bring identity thieves to justice and protect the victim.

More often than not identity fraud involves online transactions and the culprit is anonymous and faceless. The process of tracing the culprit is therefore tedious and difficult but not impossible. With increasing use of the internet in day-to-day activities there has been a proportional increase in the number of identity fraud cases.

Tracking down the criminal requires coordination between various federal organizations like the FTC, postal inspection service, United States secret service, Federal Bureau of Investigation, Department of Justice and the credit report agency

Identity fraud law vests the Federal Trade Commission (FTC) with the task of receiving complaints from victims of identity theft and providing them the necessary information. The FTC processes the complaint and then refers it to an appropriate authority for further necessary action.

ITADA passed by the United States Senate in 1998 identified identity thefts associated with mortgage, credit card, loans, services and commodities as punishable. With the complexity of identity thefts increasing, the Senate amended the ITADA in 2003.

The ITADA in its amended form makes it illegal for any individual to be knowingly in possession of another person’s identity without lawful authority. If the identity is used to commit, aid or abet any activity that is a violation of Federal law it is a serious federal crime and appropriate legal measures will be initiated.

The ITADA recognizes identity fraud as a serious felony and if guilt is proved in a court of law the culprit could serve up to thirty years in prison in addition to penalties.

California and Wisconsin are two states in the USA that have created an office of privacy protection entrusted with the responsibility of educating citizens about avoiding identity theft and assisting them to cope with and recover from an identity fraud.

California also enacted a data breach notification law that was later emulated by many states. This law stipulates that a company must notify all its customers of any breach of data that is identified.

Currently most states in the United States have enacted special laws to fight identity theft. Most states also have a special section within the Attorney General’s office that deals exclusively with identity theft.

You should intimate the FTC immediately after coming to know about identity theft. You can do this through email or calling up their toll free number or making a personal visit to the local FTC office. You should also inform the credit reporting agency and local police department.

Identity fraud law is relatively new and amendments will be made as conmen devise newer ways of swindling money. Being well informed and prevention is the best way to fight identity fraud.