divorce lawyer in cases of abuse

Divorce Lawyer: When There Is Domestic Abuse

 

It makes a lot of sense to hire a divorce lawyer if there is a real problem with abuse – spousal, child, sexual or substance abuse in the marriage.

 

In these situations, it may be impossible for the abused spouse to negotiate effectively: A lawyer can help arrange the necessary protection for an abused spouse and the children, if any.

It can also make sense to hire a lawyer if your spouse is being dishonest or vindictive and you just can’t cope with it. In that case, you may need someone to protect your interests.

Finally, it’s prudent to hire a lawyer if your spouse has an attorney. This is especially true if you have children or are facing complicated financial issues. It could be difficult and emotionally intimidating to go head to head with a seasoned pro.

 

If you can’t afford a divorce lawyer, consider calling your local legal aid office.

 

If you qualify financially, a lawyer will (at a minimum) discuss the legal aspects of your case with you and may continue to answer questions on an ongoing basis during your proceedings while you represent yourself. Ask whether the legal aid office has a pro bono program. The office may have a list of private attorneys who are willing to take on cases referred by legal aid at little or no cost.

If you don’t qualify for legal services or pro bono help, you’ll have to shop around for someone to represent you.

 

If You Fear Violence

 

If you fear that your spouse might harm you or your children (or abscond with your property), take action immediately.

Move to a safe place, and, if necessary, get a temporary restraining order to keep your spouse away.

It’s very important that you also get a temporary order for custody of your children so that you’re not accused of kidnapping.

If you need money, you have the right to use your joint accounts. Take the amount of money you realistically need plus some extra for emergencies (but try not to take more than half of what’s there unless you absolutely have to), and immediately file an action in court for support.

 

Divorce is never an easy decision to make, but sometimes it’s necessary, especially in cases of abuse, as listed above. There’s a lot to do in order to get a divorce, including tons of paperwork and various procedural rules to follow.

It’s a good idea to hire an experienced divorce lawyer, like Attorney Mishak, who is familiar with the divorce process and can advocate on your behalf, both in and out of the courtroom, inevitably getting you the best result possible for your situation.


Divorce is hard.
Attorney Matthew Mishak simplifies it.
Contact him today.
440-678-0000


Ohio Record Expungement Matthew Mishak Attorney Elyria Lorain County

5 Ways an Ohio Record Expungement Can Help You

 

In life we all make mistakes.

 

Unfortunately, some mistakes, like a criminal conviction, can follow you and make simple things like getting a good job more difficult than those without a record.

Some think it is not worth their time to have misdemeanors or certain felonies expunged or sealed from potential viewing. Truth is, the mistakes of the past can hinder your life in the present and future.

 

If you don’t want those mistakes following you for the rest of your life, you might want to consider talking to an experienced lawyer, like Matthew Mishak, to see if it is possible to get an Ohio Record Expungement.

 

In the meantime, to help you make an educated decision, here are five ways an Ohio Criminal Record Expungement may help you live a better quality of life.

 

Job

job application criminal recordEver noticed that all job applications have a section where they ask if you’ve ever been convicted of a crime? This can give one a sense of dread if you have in fact been convicted. Some are tempted to lie and pray the employer won’t find out, but this is never a good course of action.

With an Ohio criminal record expungement, you can honestly answer “No” to this question with no fear of the employer finding out you lied.

 

Loans

job application criminal recordWhether it is a bank loan for a car, home, or personal expenses, if you have a conviction on your record, it is possible that the financial institution can deny your loan. They could also view your criminal record as someone who is not responsible enough to pay debts, or give you a ridiculous interest rate in order to obtain the loan.

Having your criminal record expunged can help eliminate this embarrassing and sometimes costly outcome.

 

Housing

rental with criminal recordMost landlords, rental and property management companies, and real estate agencies will favor someone without a criminal record over someone with one, no matter how old that conviction is. This goes almost hand in hand with getting a job or a loan.

An Ohio criminal record expungement can pave the way to a happy home for you and your loved ones.

 

Schooling and State Licensing

college application ohio record expungementYou could get denied admission to a college or career training facility and even funding for your education with a criminal conviction on your record. You can also be denied any state certifications or licensing, for example in the medical field.

Don’t discount yourself and look into getting your record sealed. A record expungement can open up a world of opportunities for you.

 

Freedom

freedom ohio record expungmentThe best reason to get an Ohio Record Expungement is for your own peace of mind and freedom!

It’s a lot easier than you think to have your record sealed in Ohio. Attorney Matthew Mishak has the experience and know-how to get your record expunged in the Ohio court system. 

When you get a criminal record expungement, you have a clean slate to move on with your life knowing that nothing will come back to haunt you.

 

Even if you are not convicted of a crime, it can be helpful to get your Ohio criminal record sealed.

In most cases, sealed records will not appear on background checks. This means it may be easier for you to apply for a job or license, get housing, apply to school or apply for credit. If your record is sealed, you can honestly answer on applications that the sealed record does not exist.

Aren’t you worthy of a fresh start?
See about getting your Ohio Record Expungement today.

 

Mishak Law North Ridgeville Ohio Record Expungement

 


For more information and/or to see if you are eligible to have your record expunged, contact Attorney Mishak today. 

 


divorce and child custody Matt Mishak Attorney Lorain County Ohio Elyria North Ridgeville

FAQ: Child Custody and Divorce

If one parent moves out and leaves the kids with the other parent, does it hurt the moving parent’s chances of getting custody at a later date?

 

In a word, yes.

Even when a parent leaves to avoid a dangerous or highly unpleasant situation, if the parent hopes to have physical custody at a later time it’s unwise to leave the children behind. The parent who leaves sends a message to the court that the other parent is a suitable choice for physical custody. Also, assuming the children stay in the home where the parents lived as a family, continue in the same school, and participate in their usual activities, a judge may be reluctant to change physical custody, if only to avoid disrupting the children’s regular routines.

If a parent must leave the familial home (and wants to be the primary physical custodian), the moving parent should take the children along and, as quickly as possible, file in family court for temporary custody and child support. If this process is delayed, the other parent may go to court first and allege that the kids were taken without that parent’s consent or knowledge.

Family law judges frown on a parent who removes the children from the home without seeking the court’s recognition. A judge may order that the children be returned to the family home, pending future proceedings to determine physical custody.

 

Are courts more likely to award custody to mothers than to fathers?

 

In the past, most states provided that custody of children of “tender years” (about five and under) had to be awarded to the mother when parents divorced. In most states, this rule has either been rejected entirely or relegated to the role of tie-breaker if two otherwise fit parents request custody of their preschool children.

No state now requires that a child be awarded to the mother without regard to the fitness of both parents. Most states require their courts to determine child custody on the basis of what’s in the children’s best interests, without regard to the parent’s gender.

As it turns out, many divorcing parents agree that the mother will have custody after a separation or divorce and that the father will exercise reasonable visitation. This sometimes happens because the parents agree that the mother has more time, a greater inclination, or a better understanding of the children’s daily needs. But it can also be because fathers presume that mothers will be awarded custody or because the mother is more tenacious in seeking custody.

If you are a father and want to ask the court for physical custody, do not let gender stereotypes stop you. If both you and the mother work full-time, and the kids have after-school care, you may be on equal footing. In fact, if you have more flexible hours than the mother, you could have a leg up. In any event, the judge will look at what’s best for the children.

So if you think that you should have primary custody and that you can persuade the judge that it’s in the kids’ best interests, you should go ahead and ask for custody. If you present yourself as willing and able to parent, it will go a long way towards challenging any lingering prejudice against you as a father.

 

Does child custody always go to just one parent?

 

No. Courts frequently award at least partial custody to both parents, called “joint custody.” Joint custody takes one of three forms:

  • joint physical custody (children spend a substantial amount of time with each parent)
  • joint legal custody (parents share decision-making on medical, educational, and religious questions involving the children), or
  • both joint legal and joint physical custody.

 

Are there special issues if a gay or lesbian parent is seeking child custody or visitation rights?

 

In a number of states, a parent’s sexual orientation cannot in and of itself prevent a parent from being given custody of or visitation with his or her child.

As a practical matter, however, lesbian and gay parents — even in those states — may be denied custody or visitation. This is because judges, when considering the best interests of the child, may be motivated by their own or community prejudices, and may find reasons other than the lesbian or gay parent’s sexual orientation to deny custody or appropriate visitation.

If you are involved in a custody case and are concerned about bias against you because you are gay or lesbian, make sure you consult a lawyer about protecting your rights. 

 

Is race ever an issue in child custody or visitation decisions?

 

The U.S. Supreme Court has ruled that it is unconstitutional for a court to consider race when a noncustodial parent petitions for a change of custody.

In Palmore v. Sidoti, 466 U.S. 429 (1984), a white couple divorced, and the mother was awarded custody of their son. She remarried an African-American man and moved to a predominantly African-American neighborhood. The father filed a request for modification of custody based on the changed circumstances. A Florida court granted the modification, but the U.S. Supreme Court reversed, ruling that societal stigma, especially related to race, cannot be the basis for a custody decision.

 

Who determines how much visitation is reasonable and fair?

 

When a court awards physical child custody to one parent and “reasonable” visitation to the other, the parent with physical custody is generally in the driver’s seat regarding what is reasonable. This need not be bad if the parents cooperate to see that the kids spend a significant amount of time with each parent.

Unfortunately, it sometimes translates into little visitation time with the noncustodial parent, resulting in disputes over missed visits and inconvenience. To avoid such problems, many courts now prefer for the parties to work out a fairly detailed parenting plan that sets the visitation schedule and outlines who has responsibility for decisions affecting the children.

 

Is mediation the best approach to solving disagreements about child custody?

 

Mediation is a non-adversarial process where a neutral person (a mediator) meets with disputing persons to help them settle a dispute.

The mediator does not have the power to impose a solution on the parties but assists them in creating an agreement of their own.

In some courts, however, the mediator may be asked by the court to make a recommendation if the parties cannot reach an agreement. If you’re concerned about whether the mediation is confidential or whether the mediator will be reporting to the judge, find out how your court does things before you get started.

There are several important reasons why mediation is a superior method to litigation for resolving custody and visitation disputes.

  • Mediation usually does not involve lawyers or expert witnesses (or their astronomical fees).
  • Mediation usually produces a settlement after five to ten hours of mediation over a week or two. (Child custody litigation can drag on for months or even years.)
  • Mediation enhances communication between the parents and makes it much more likely that they will be able to cooperate after the divorce or separation when it comes to raising their children. Experts who have studied the effects of divorce on children universally conclude that when divorcing or separating parents can cooperate, the children suffer far less.

 

Original article on Nolo.com

 


Seeking a divorce and have questions?
Attorney Mishak can help you.
Contact him today.

 


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