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domestic violence

How Does Immigration Status Affect Child Custody?

Divorce is hard enough for anyone to go through, but add having to determine child custody, and it only gets harder. Sometimes parents are able to reach a custody agreement themselves, other times the parents may need to have a judge decide on the child custody arrangements.If you're an immigrant -- legal or illegal -- you may be concerned that your immigration status will impact a child custody agreement. After all, doesn't it seem likely that a U.S. citizen would be favored over a non-citizen when determining who gets custody? The answer is no -- immigration status is not generally a factor in determining who gets custody. How Is Child Custody Determined? Like most legal family matters, child custody is governed by state laws. There are, however, some generally accepted factors in determining child custody. The main factor in determining child custody is considering what's in the "best interests" of the child. This involves many considerations including looking at the mental and physical health of the parents, need for continuation of a stable home environment, and the wishes of the child (when he or she is old enough to capably make this decision). While the list of considerations for child custody is long, notably absent is immigration status. This is even true in the case of illegal immigrants fighting for child custody. While it may not be a factor in determining child custody, it bears mentioning that a pending deportation or an actual deportation can affect child custody, since it would impact the child's life.So, while a parent's immigration status doesn't directly factor into deciding who gets custody, there could be indirect effects, particularly if the parent is an illegal immigrant. To resolve child custody issues, contact a child custody lawyer or an immigration lawyer for help. Related Resources: Find Lawyers Near You (FindLaw's Lawyer Directory) How the Gig Economy Is Affecting Child Support (FindLaw's Law and Daily Life) 2017: The Year in Immigration Law (FindLaw's Law and Daily Life) Deportation Dispute: U.S. Refusing Visas for Countries Unwilling to Take Back Deported Citizens (FindLaw's Law and Daily Life)
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Ohio Lethal Injection Execution Method Ruled Constitutional

The U.S. Court of Appeals for the Sixth Circuit has upheld the constitutionality of Ohio's lethal injection protocol. In a unanimous ruling, a three judge panel upheld the district court's previous decision denying death-row inmates Raymond Tibbetts and Alva Campbell their request to enjoin their pending executions. It's the latest case in a string of stories concerning the state's method of execution. Ohio's Death Penalty Drama The Buckeye State's execution protocol has been a recurring news item. In November 2017, the state's attempted execution of Alva Campbell (one of the plaintiffs here) was cancelled when prison officials couldn't find a vein to inject the lethal mixture of drugs. Campbell was sentenced to death in 1998 after killing 18-year-old Charles Dials during a jail break attempt. Campbell's legal team has also requested execution by firing squad on numerous occasions, a request that state officials are (extremely) unlikely to grant. According to the state's current execution schedule, Raymond Tibbets's execution will occur next week, on February 13th, 2018. That's a date subject to change, however, as eleventh hour postponements are common. Tibbetts was sentenced to death for the brutal murder of his wife and landlord in 1997. Death Penalty and the Law State death penalty cases are among the most heavily-litigated cases. Trials commonly take years, appeals generally go through state and federal courts for decades, and last minute stay requests or clemency petitions are common. Challenges to the method of execution as violating the Eighth Amendment's Cruel and Unusual Punishments Clause have been common in recent years. An approaching execution is a common time for reigniting America's long-running debate over the wisdom -- and constitutionality -- of capital punishment. Related Resources In re Ohio Execution Protocol Litigation (FindLaw's Cases and Codes) Appeals Court Say Ohio Lethal Injection Execution Method Constitutional (Cleveland.com) Ohio May Give Botched Execution Another Try (FindLaw's Blotter)
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When Is It Illegal for a Nursing Home to Evict Residents?

There are broad legal protections for nursing home residents. Federal and state laws prevent nursing homes from arbitrarily evicting patients, a process called 'involuntary discharge.' Yet complaints about wrongful nursing home evictions are rising. It's a problem that wraps up the care needs of resident patients with the difficult realities of running a nursing home. Prohibited Nursing Home Evictions Federal law protects against abusive nursing home practices, including unjustly evicting sick patients. Often complaints center on homes making room for more desirable (paying) patients, which is prohibited under law but affects a home's bottom line. Nursing homes are required to ensure that discharged patients have someplace to go as well. These federal requirements are tied to a nursing home's receipt of Medicare and Medicaid certification and funds -- which are important to the industry's credibility and business viability. Federal enforcement of violations is out there. Many states have similar legal protections and enforcement agencies. Protecting Nursing Home Rights While legal protections exist, it's important to understand their limits. Nursing homes can involuntarily discharge patients in specific situations. Patients whose needs can't be met or whose presence poses risks to other patients can be discharged. Failure to pay is another reason. It's not uncommon for patients to come in on Medicare only for their benefits to run out. When that happens, costs aren't covered and eviction becomes possible. Wrongful Evictions: What to Do? You and your loved ones have rights against wrongful eviction from a nursing home. You can file a complaint with a federal or state regulatory agency, or else contact a local elder law attorney for help. Related Resources Find Elder Law Lawyers Near You (FindLaw's Lawyer Directory) Nursing Home Residents: 5 Legal Rights (FindLaw's Law & Daily Life Blog) Protecting Nursing Home Residents from Eviction (FindLaw's Learn About the Law) As Nursing Homes Evict Patients, States Question Motives (NPR)
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Accused of Domestic Violence: What to Do

Domestic violence doesn't discriminate -- it can occur in rich homes and poor homes, and can affect people of any race. While domestic violence laws vary from state to state, it's usually classified as a serious crime in all jurisdictions. Unfortunately, sometimes someone may accuse his or her partner of domestic violence even though it's not true. A person may do this out of spite or to gain the upper hand in a divorce. However, even if the domestic violence charges are dismissed, just being accused of domestic violence can have a negative impact on your life. How Can Being Accused of Domestic Violence Affect You? There are various ways that an accusation that you have committed domestic violence can affect you. First, an accusation alone can ruin your reputation, which in turn can negatively impact your personal and professional life. If your partner reports it to the police, it can result in criminal charges, even if your partner recants.Your partner has other recourse under the law as well, such as filing a civil lawsuit. If you're involved in a divorce or legal separation, a domestic violence accusation can also affect child custody decisions. Finally, even though not everyone wants to own a gun, a domestic violence offender (if convicted or if the alleged victim has a restraining order) is prohibited from buying a gun under federal law.What to Do to Protect YourselfEvery person's situation is different, but there are some general things you can to do protect yourself if you are being accused -- especially if the accusations are completely false. First, don't say anything that may be used against you in court, and don't escalate the situation.Then, contact your family to let them know of the situation. It's possible your accuser could try to turn your family against you. If the accusations are false, you should get out ahead of them so that your family doesn't turn against you.Also, you should consider protecting your valuables and changing your passwords. This will help prevent your accuser from substantiating false claims. For example, an accuser could send threatening text messages or emails from your device in an attempt to establish evidence of your abuse. Don't let this happen.Most importantly, you should talk to a legal professional.Seeking Legal Help Considering the consequences of being convicted or even accused of domestic violence, the best course of action is to contact an attorney near you to discuss the circumstances of your case and come up with the best defense.Even if the police have not gotten involved yet, you may want to contact a legal professional if someone has threatened to accuse you of domestic violence. A legal professional can help you understand your situation and may even be able to mitigate your domestic disputes before they become more serious. Related Resources: Find Lawyers Near You (FindLaw's Lawyer Directory) Domestic Violence (FindLaw's Learn About the Law) Can a Domestic Violence Conviction Be Expunged From Your Record? (FindLaw's Law and Daily Life) Can I Still Own a Gun After a Domestic Violence Conviction? (FindLaw's Blotter) Top 5 Domestic Violence Questions (FindLaw's Blotter)
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Florida Bill Bans Forced Child Marriage

While most people seem to be getting married at an older age these days, the age of consent under state marriage laws varies between 16 and 18. But there are instances where the age of consent is even lower, provided that there's parental and/or judicial consent. While this may seem reasonable since the assumption is that parents and judges have a child's best interests at heart, this is not always the case.Sometimes, due to various circumstances, a child is forced by his or her parents to get married. To address this concern and protect children from being forced into marriage, the Florida Senate recently passed a bill to end child marriage in the state. Why Would Parents Force Their Child to Get Married? When you think about instances of why someone would allow his or her child to get married younger than the age of consent, the first thing that comes to mind is that the child is in love and wants to get married. Unfortunately, it turns out that sometimes parents force their child to get married.This is what happened to Sherry Johnson, who, according the Associated Press, inspired the Florida Senate to pass this bill. The AP article explains that Johnson was raped by a church deacon when she was only 9 years old, gave birth at 10. And after pressure from the church, her mom gave her consent for Johnson (who was 11 at the time) to marry the deacon.Florida Bill on Child MarriageUnder Florida's current marriage laws, a person who is 16 or 17 can marry with their parents' consent. Additionally, there's no minimum age for marriage if a pregnancy is involved as long as the marriage license is approved by a judge. Under the new Florida bill, which was unanimously approved by Florida Senators, all marriage licenses would be banned for people under the age of 18.If the bill is signed into law, then what happened to Johnson will not happen to any other children in Florida. Related Resources: Find Family Law Attorneys Near You (FindLaw's Lawyer Directory) Marriage Law (FindLaw's Learn About the Law) Child Abuse (FindLaw's Learn About the Law) 3 Pieces of Parenting Advice That Might Be Illegal (FindLaw's Law and Daily Life)
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NY DMV Busts 4k Fraudsters With Facial Recognition Tech

Identity theft often involves multiple pieces of identification. That means multiple driver's licenses, all with the same face. So in 2010, the New York Department of Motor Vehicles began using facial recognition software to flag the same face applying for multiple licenses. Turns out it pays off. The New York Post reports the DMV's facial recognition technology has led to 4,000 arrests and ID'd a total of 21,000 cases of identity theft or fraud. Hey, You Look Familiar The facial recognition program looks for the same faces applying for driver's licenses under different names. Yes, in rare instances, the software can uncover identical twins put up for adoption and raised in different parts of the state. But more often than not, as the Post reports, the tech is tracking identity thieves: Among those ensnared in the new high-tech net was Randolph Robinson who tried to obtain a New York driver's license of a man he moved furniture for, authorities said. When the state system flagged him and he realized his license wasn't mailed in a matter of days, Robinson flew to Florida, where he could get a license immediately at a DMV counter, officials said. State investigators tracked him down and busted him after they say he used the Florida identification to withdraw $50,000 from the victim's bank accounts and buy a new Honda. Numbers Game "The use of this facial recognition technology has allowed law enforcement to crack down on fraud, identity theft, and other offenses - taking criminals and dangerous drivers off our streets and increasing the safety of New York's roadways," Governor Andrew Cuomo said in a statement. "We will continue to do everything we can to hold fraudsters accountable and protect the safety and security of all New Yorkers." Along with those 4,000 arrests, another 16,000 people are facing administrative action as a result of the technology. A DMV investigation discovered that half of those flagged as having multiple license records were trying to get a second license after their original one had been suspended or revoked. "New York has a simple policy: one driver, one record," Terri Egan, DMV Executive Deputy Commissioner, added. "If your license is suspended or revoked, the days of getting a second one to try to keep driving are over." Related Resources: Driver's License Facial Recognition Tech Leads to 4,000 New York Arrests (Ars Technica) How Are Police Using Facial Recognition Software? And Is It Accurate? (FindLaw Blotter) Legal for Cops to Use iPhone Facial Recognition? (FindLaw Blotter) Can I Get Arrested for Not Having ID? (FindLaw Blotter)
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Top 5 Domestic Violence Questions

At one point in the not-too-distant past, a fight between spouses -- even a physical one -- was thought to be a personal matter, not the purview of police, prosecutors, or judges. More recently, law enforcement has taken domestic abuse more seriously, although juries were liable to take a he said/she said approach to accusations of violence in the home. Nowadays, thankfully, it seems like everyone is taking domestic violence seriously, from the expansion of definitions to include other members of the family or household, to the increase in convictions and penalties for domestic abuse. But questions remain. Here are five of them from our archives: 1. How Long Do You Have to File a Police Report for Domestic Violence? Victims of domestic abuse can often struggle with the decision to report violence in the home. Ignorance of domestic violence laws or fear of abandonment or increased abuse keeps many victims from going to the police at all. But statutes of limitation put a cap on how long you can wait before reporting domestic violence. 2. Should You Call the Police If Your Neighbors Are Fighting? Getting involved in a domestic dispute or intervening on another's behalf, especially if that person is a stranger, can keep many witnesses of domestic abuse from contacting law enforcement. However, if a situation has escalated to the point you can hear it, it is seldom a bad thing to get the police involved. You may be afraid of meddling, but you may also save a life. 3. Victim of Stalking? Know Your Legal Options Domestic abuse is not limited to acts of physical violence, and can include emotional and psychological abuse. At the same time, it is not just limited to behavior in the home -- abuse can often spill out into a person's public life. 4. When Can Domestic Violence Charges Be Dismissed? Criminal charges get dropped for all kinds of reasons. But with the common misconceptions regarding who presses charges and how, dismissing charges in a domestic violence case may be a little different than you might expect. 5. Can I Still Own a Gun After a Domestic Violence Conviction? Most jurisdictions are taking domestic violence more seriously, and the penalties for a conviction can be severe. Domestic violence convictions especially are those that after which cities, counties, or states would want to limit gun ownership or possession. And, thanks to federal gun control regulations, that's often the case. If you are or have been the victim of domestic violence, get help. And if you've been charged with domestic violence, get an experienced attorney. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) How to Get a Domestic Violence Charge Dismissed (FindLaw Blotter) 5 Potential Defenses to Domestic Violence (FindLaw Blotter) Types of Violent Crime (FindLaw Blotter)
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New Law Makes Drug Possession a Misdemeanor in Oregon

Oregon legalized recreational marijuana back in 2015. But what about other Schedule 1 narcotics like cocaine, meth, or LSD? While the Beaver State isn't planning on legalizing those any time soon, it is rolling back the penalties for their possession. A new state law will downgrade first-time drug possession offenses from felonies to misdemeanors, so long as the amount is under a certain limit. So to which drugs does the new law apply? What are the limits? And how does that change the possible criminal penalties? Possession, Priors, and Penalties Oregon's HB 2355 applies only to first-time offenders, so those with prior felony convictions or with two or more prior convictions for drug possession can still be charged with a felony. The new law also does not change penalties for possession of large, commercial amounts of illegal drugs. Here are the drugs, and amounts addressed by the new statute: Cocaine under two grams Methamphetamine under two grams Heroin under one gram Oxycodone under 40 pills MDMA/Ecstasy under one gram or five pills LSD under 40 units Instead of looking at five to ten years in prison, those charged with first-time drug possession are instead facing a maximum penalty of just one year in prison and/or a $6,250 fine. Police, Policy, and Profiling Both the Oregon Association Chiefs of Police and the Oregon State Sheriffs' Association supported the measure, saying convictions include unintended consequences like barriers to housing and employment. But the groups also had some reservations. "Reducing penalties without aggressively addressing underlying addiction is unlikely to help those who need it most," the groups warned in a letter to a state senator who backed the bill, adding the law "will only produce positive results if additional drug treatment resources accompany this change in policy." Another bill appropriated $7 million that can be used to pay for drug treatment. The new law also attempts to address police profiling by directing a state commission to develop methods for recording data concerning police-initiated pedestrian and traffic stops. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Drug Possession Is No Longer A Felony Offense In Oregon (Huffington Post) Recreational Marijuana Sales Now Legal in Oregon (FindLaw Blotter) Oregon Looking to Legalize Pot (FindLaw Blotter)
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Criminal Charges Following Violence, Death in Charlottesville

Much of the country was shocked to see white supremacists marching in Charlottesville, Virginia last weekend, and horrified at the images of one of those men driving a car through a crowd, killing one woman and wounding 19 others. There were clashes throughout the city between protestors (ostensibly there in defense of a statue of Robert E. Lee) and counter-protestors, and surely there will be criminal charges and repercussions as well. Here's a roundup of the criminal charges that have been filed so far in the wake of the Charlottesville violence, and a few that may yet be. James Fields, Jr. The worst of the violence was James Fields, Jr.'s attack on a group of counter-protestors, when he drove his car through a peaceful crowd. Fields injured 19 people and killed 32-year-old Heather Heyer. The incident was caught on video and Fields was quickly arrested and initially charged with second-degree murder, malicious wounding, and failure to stop after a crash that resulted in a death. Late last week, the Charlottesville Police Department announced it would be adding five more felonies to Fields' ticket: three counts of aggravated malicious wounding, and two of malicious wounding. Thus far, Fields has not been charged with a hate crime or terrorism. Deandre Harris The other high-profile attack was the beating of 20-year-old Deandre Harris, whose assault at the hands of white supremacists was also caught on camera. "The beating happened right beside the police department," Harris said, "and no police were there to help me at all." No charges or arrest warrants have been filed in the case, despite concerted efforts -- some successful -- to identify his attackers. Other Charges Along with Fields, six other people were arrested following the violence, most charged with misdemeanors ranging from assault and battery to carrying a concealed weapon. Jacob Leigh Smith was charged with misdemeanor assault and battery after allegedly hitting a reporter; Troy Dunigan was charged with misdemeanor disorderly conduct, for throwing objects at "Nazi protesters"; James M. O'Brien was charged with misdemeanor carrying a concealed weapon; David Parrot was charged with failure to disperse a riot; Steven C. Balcaitis was charged with misdemeanor assault and battery; and Robert K. Litzenberger was charged with misdemeanor assault and battery after a Virginia State Trooper allegedly saw him spit on rally organizer Jason Kessler. Additional charges could be filed as investigations progress. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Increased Access to Hate Content Online Leads to More Crime in Real Life, Study Says (FindLaw Blotter) Top Legal Questions on Hate Crimes (FindLaw Blotter) 5 More Tips for Protesting (Legally) (FindLaw Blotter)
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How Long Do You Have to File a Police Report for Domestic Violence?

A victim of domestic violence should generally try to involve law enforcement at the earliest possible time after an incident, assuming police didn't arrive during the incident. The sooner a victim can file a police report, the higher the likelihood that police will investigate, which increases the chances of a city, or state, district attorney prosecuting the matter criminally. Most states provide that criminal offenses of varying severity can only be prosecuted within a certain window of time, known as a statute of limitations. Although, in some states, certain serious offenses like rape or muder will not be subject to a statute of limitations. In New York, for example, a domestic violence case could have a statute of limitations ranging from one to three years (depending on the severity of the charges). What Does It Mean to "Press Charges"? While individuals often mimic television and the big screen and insist on "pressing charges," this is a misnomer. Individuals do not file or press charges. Only the state, or government, that is prosecuting the case has the authority to file, or press, criminal charges against a person. However, in the domestic violence context, and when filing a police report against an individual, officers will sometimes ask a victim if they want to "press charges." While it may sound like the victim holds the power, the actual decision to bring a criminal case is not held by the victim. Officers tend to ask this question in order to find out if the victim will be cooperative with a district attorney. In many situations, even if a victim asks the prosecutor to drop the charges, or even recants their statement, it may not impact a prosecutor's decision to proceed. Civil Remedies Are Available In contrast to criminal charges, which a person cannot control whether or not those get filed beyond filing a report with law enforcement, an individual holds the decision on whether to bring a civil suit against an abuser. Domestic violence victims can sue their abusers for monetary damages, as well as seek out civil restraining orders to keep their abusers away from them. Related Resources: Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) What If the Police Won't Investigate my Case? (FindLaw's Blotter) Can You Sue for Injury Without a Police Report? (FindLaw's Injured) 5 Things a Domestic Violence Lawyer Can Do (That You Probably Can't) (FindLaw's Law and Daily Life) Domestic Violence Trials: 5 Tips for Victims (FindLaw's Law and Daily Life)
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