Category Archives: Featured

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. 

 


record expungement Ohio new law October 2018 record sealing Mishak Law Matthew Mishak Attorney Lorain County Elyria North Ridgeville Northeast Ohio

Expanded Expungement Law in Ohio

In Ohio, an expungement is the same as sealing a record.

 

Expungement is a legal process provided under Section 2953 of the Ohio Revised Code that allows one to have any and all references to a prior criminal conviction cleared and their court file sealed. The result of this process is as if you were never convicted of the crime.

 

BIG NEWS! As of October 29, 2018, Ohio officially expanded its expungement law.

 

The new expungement law allows for a review for a person with up to five F4/F5 felonies and/or unlimited misdemeanors.

According to the new statutory makeup in ORC § 2953.32, persons with non-violent, non-sexual misdemeanors and/or felonies up to F4 or F5 may now be eligible for their records to be sealed by a court in Ohio.

Individuals who previously did not qualify to have records sealed might be eligible.

This new expungement law allows for the possibility of all records to be sealed.

 

There are still waiting periods related to the expungement requests following discharge:

 

  • Misdemeanors require a one year waiting period.
  • One F4/F5 Felony requires a three-year waiting period.
  • Two F4/F5 Felonies require a four-year waiting period.
  • Three to Five F4/F5 Felonies require a five-year waiting period.

 

These new laws will not apply to anyone with a F3 or higher felony conviction or those with a conviction which includes a sexual or violent offense, regardless of the result being a felony or a misdemeanor.

The court, of course, has the discretion to determine if a person qualifies for expungement of their criminal record.

Additionally, the prosecutor will be notified of the request and has the ability to object to records being sealed during a scheduled hearing.

 

Who is eligible for an expungement?

 

You qualify if you meet all of the conditions described in Section 2953 of the Ohio Revised Code, including:

  • The conviction you are trying to expunge is not one of the crimes precluded by law.
  • You were not subject to a mandatory prison term for the conviction.  (If you were sentenced to prison time, but you were eligible for community control/probation, you would still qualify.)
  • You have any of the following convictions or combination of convictions: one misdemeanor; or one felony; two misdemeanor convictions; or one misdemeanor conviction and one felony conviction.   (A series of 2 or 3 convictions out of the same case shall be considered one conviction under the expungement statute.) (Minor misdemeanors including most traffic offenses do not count as a conviction.)
  • The statutory waiting period has passed for the conviction you seek to expunge.
  • You have no current or criminal charges pending against you. 

 

Can’t I just represent myself and save money?

 

Expungement requires drafting and filing of a motion (a formal legal document asking the court to take a particular action). The expungement motion will be filed with the court that sentenced you, and it will also have to be served on the prosecutor in some cases, and the probation department.

At the expungement hearing, oral or non-oral, the court must be convinced through persuasion and demonstration that your rehabilitation has been obtained and that you are deserving of an expungement.

An expungement is a privilege and not a right. 

The court may deny your expungement if they question that you have met all the qualifications under the Ohio Revised Code, or the court is not satisfied that you have been rehabilitated.

 

Legal Reference: FindLaw.com


If you would like to learn if you are eligible or request additional expungement law information, contact Attorney Mishak today.

 


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