Category Archives: May

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


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Ohio Cannabis & DUI / OVI Law Overview

Stay informed by brushing up on Ohio’s cannabis and DUI / OVI laws so you’re familiar with the penalties you could face if you’re busted behind the wheel. 


Ohio Cannabis & DUI / OVI Law Overview

No person shall operate any vehicle if, at the time, the person has a concentration of marijuana in their system in the following amounts:

Substance Urine Blood
Marijuana 10 ng/mL 2 ng/mL
Marijuana metabolite 35 ng/mL 50 ng/mL
Marijuana metabolite with other drugs/alcohol 15 ng/mL 5 ng/mL

If a person has obtained a prescription issued by a licensed health professional, it is considered a valid defense; however, a doctor’s recommendation for medical cannabis does not constitute a prescription.

Test: 

Whole blood, blood serum, plasma, breath, urine, or other bodily substance

Penalties:

  • 1st offense: 1st degree misdemeanor, mandatory minimum of three days up to 6 months in jail, an intervention program, or both; judge may suspend jail sentence in lieu of a community control sanction and a driver’s intervention program; $375 to $1075 fine, driver’s license suspension for six months up to three years, driver may apply for IID to reduce period of suspension.
  • 2nd offense (within 10 years): 1st degree misdemeanor, mandatory minimum of 10 days up to six months in jail, sentence may consist of both jail time and house arrest with electronic monitoring and continuous alcohol monitoring; must be assessed by community addiction services provider, $525 up to $1,625 fine, driver’s license revocation for one to seven years, vehicle shall be impounded for 90 day.
  • 3rd offense (within 10 years): Misdemeanor, mandatory minimum of 30 days up to one year in jail, sentence may consist of both a jail term and house arrests with continuous alcohol monitoring, $850 up to $2,750 fine, court shall order participation in a community addiction services provider, driver’s license revocation for two years to 12 years, during which the offender’s vehicle shall be criminally forfeited.
  • 4th and 5th offenses (within 20 years): 4th degree felony, mandatory minimum of 60 days, no more than one to five years’ maximum imprisonment, mandatory participation in a community addiction services provider, $1,350 to $10,500 fine, driver’s license revocation for three years to life, vehicle may be criminally forfeited.
  • 6th offense: 3rd-degree felony, mandatory minimum of 120 days up to five years in jail, $1,350 to $10,500 fine, indefinite license revocation, mandatory participation in an addiction services program, the vehicle may be criminally forfeited.

For more information, please refer to Ohio Rev. Code, Title 45, Chapter 4511.49.

 


Charged with a DUI / OVI in Lorain County? Attorney Mishak can help! Contact him today for a consultation to see how.

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