Data shows that the United States has more immigrants than any other country, with 17 percent of the workforce in the country being foreign-born. One of the most common ways to become permanent US residents is through employment.
As a foreign resident, you can obtain an employment green card if you get a job offer from a US national or prove to possess extraordinary ability. You should note that most foreigners who obtain permanent residency start with a temporary visa that they can renew.
Permanent employment-based green cards allow foreigners to become permanent US residents. Each fiscal year, the US government grants approximately 140,000 employment visas to immigrants and families.
So, how exactly do you obtain an employment-based visa? The US Department of immigration has five categories through which it issues these green cards to immigrants and their families. The categories are based on individual experience, skills, and abilities. “If you or a loved one would like to apply for an immigration work permit you can reach out to an immigration work permit lawyer for assistance,” says Solano Law Firm.
EB-1: People of Extraordinary Ability
This is the first category and deals with people with some ability, as can be inferred from the name. There are three subcategories as listed below:
Multinational Executives and Managers
Multinational executives and managers have received a job offer from an American employer that has operated in the country for at least one year. Note that this subcategory requires a job offer.
Professors and Researchers
A good example is a tenure track where a professor is offered permanent employment at a US university.
People With General Extraordinary Abilities
This category does not require a job offer. Applicants simply have an extraordinary ability recognized in different niches.
EB-2: Advanced Degree Holders
This category comprises the largest number of immigrants eligible for permanent residents in the United States. Moreover, temporary visa holders with advanced degrees are also eligible for an EB-2 green card.
This category comprises three different subcategories as listed below:
Advanced Degree Holders and/or Relevant Experience
This subcategory includes applicants with a master’s, doctorate, or a bachelor’s degree with relevant professional experience.
Here, no degree is required, all you need is to show an exceptional ability in either arts, science, or business.
National Interest Waiver
Under this category, permanent green cards are offered to immigrants whose work is considered the United State’s interest. It does not matter whether the ability is extraordinary or not. It must have “substantial merit and national importance” and be of benefit to the United States.
EB-3: Skilled Workers. Professionals or Other Unskilled Workers
This category covers individuals with different levels of education, skills, and competencies. Below are the subcategories EB-3:
To qualify for this category, your employer needs to provide proof that there is no labor force to handle the work you will be doing. You should have two years of post-secondary education, training, or experience at the minimum.
This category is pretty much the same as the previous one, with the only difference being the requirement of a bachelor’s degree.
Here, the work you will do must be full-time, and you will also need labor certifications same as the previous two categories. Work that requires less than two years of training is unskilled.
EB-4: Certain Special Immigrants
This category is broad and covers certain special immigrants, such as religious workers. This category includes individuals eligible for permanent resident status based on categories on the Immigration and Nationality Act (INA).
Eb-5: Immigrant Investors
This category comprises foreign investors in new commercial businesses that would provide avenues for job growth in the US. Qualification for permanent resident status under this category requires a substantial capital dollar investment and job growth for US citizens.
Above are some of the categories of immigrants eligible for permanent US citizenship. You can analyze them and determine where you fall, or better still, you can strive to meet the qualifications mentioned above to become a green card holder.
Between 2010 and 2019, commercial auto insurance payouts have increased by a whopping $20 billion. That data is based on a report shared by the Insurance Information Institute (Triple I) in collaboration with the Casualty Actuarial Society (CAS).
Even with the cost of insurance being on the rise, players in the sector continue to suffer losses. According to the Insurance Research Council (IRC) report, losses across insurance lines have continued to gain momentum at a rate that is not in tandem with economic inflation.
Factors Pushing Up the Cost of Insurance
While the focus of the Triple I and CAS report was on commercial auto insurance, it also reported similar trends in other lines of insurance such as premises liability, medical malpractice liability, and workers’ compensation. According to the report, negative public sentiment on big corporations, tort reform rollbacks, and litigation funding are the main drivers of this rise in liability costs.
Jurors also tend to be more sympathetic with the plaintiffs, which almost always influences their verdict. There is also a misconception that corporations and their insurer’s financial resources are unlimited, leading to verdicts far from realistic, with some being as high as $10 million.
Another factor playing a significant role in increasing payout and affecting the cost of insurance is litigation funding and lending. Funding a plaintiff’s case has become a big business that involves international hedge funds and other financiers. These parties fund a plaintiff’s injury claim ensuring they get the best legal assistance for a cut in the final payout.
In other words, lawyers will have to use every means of fighting for a high payout, which has caused litigation funding to evolve into a multi-billion dollar industry. Some experts estimate the litigation funding industry was worth $39 billion globally as of 2019.
International Legal Finance Association
Some states have attempted to create laws requiring full disclosure of all parties involved in litigation. However, litigation funders are fighting hard to maintain the status quo. In 2020, 13 of the world’s largest commercial litigation funders created the International Legal Finance Association (ILFA), whose aim is to champion their rights and push back on full disclosure rules.
Commercial auto insurance tops the list of the worst-hit line of insurance. According to the American Transport Research Institute, jury verdict awards grew at a rate of 33 percent every year between 2010 and 2018. During these years, inflation and health care costs grew by 1.7 percent to 2.9 percent, respectively. In a perfect world, the insurance rate should grow at the same rate as economic inflation and the cost of health care.
“Insurance providers are in the trade for the money,” says Attorney John Cooper of Cooper Hurley Injury Lawyers. “Insurance companies have no option but to increase their premiums to keep up with rising payouts.”
If the prevailing circumstances continue, insurance companies may stop certain types of covers. Every increment in cost passes on to the consumer causing a ripple effect on the national economy and creating conditions similar to the 80s liability crisis that saw some insurance companies facing the risk of insolvency.
Getting into an accident while driving someone else’s car can feel disastrous. Nobody wants to be in that awkward and uncomfortable situation, but it does happen. So what should you do aside from sinking in guilt and anxiety?
The concept of permissive use may be reviewed if such a situation occurs. This article will examine the permissive use rule in auto insurance and what it may mean for your situation.
What is Permissive Use in Auto Insurance?
Insurance advisor The Zebra defines permissive use as “the ability of other drivers — unlisted on your insurance policy — to drive your vehicle.” This refers to a situation where a driver who is not the vehicle owner is included and covered in a car insurance policy.
Permissive auto insurance allows a driver to use a vehicle even when they do not live with the owner or policyholder. The permissive user is granted infrequent vehicle use, often fewer than 12 times a year. While a family friend or neighbor would qualify under permissive use, an immediate family member living with the vehicle owner may be excluded and not afforded coverage.
Permissive Use in an Accident Involving Someone Else’s Car
If you get involved in an accident, no matter whose car you drive, call 911 to report the accident. You should also document the accident scene if possible. To determine if you fall under permissive use, you must first determine if the car’s owner included you in their auto insurance policy. If they did, you would automatically be covered by their insurance policy. As long as you have legal permission from the policyholder to use their car, you will have the same coverage as if it were the car owner involved in the accident. Unfortunately, if you are not included in the owner’s insurance policy and do not qualify as a permissive user, you will not be covered for liability insurance for the accident.
What Legal Options are Available?
So, after the accident, you have determined that you were included in the insurance policy of the original car owner. What legal options are available to you? Can you sue for the crash and the injuries that result from it?
“If you believe the driver who caused the accident acted negligently with no fault of your own, you could file a claim against them,” says attorney Joseph Kopfler of Kopfler & Hermann. You can file an insurance claim with their insurance company seeking compensation for damages. These damages may include:
- Past and future medical bills and expenses
- Past and future lost wages and benefits
- Permanent impairments and disabilities
- Mental anguish and emotional suffering
- Loss of enjoyment of life
- Out-of-pocket expenses
- Diminished earning capacity
- Decrease in quality of life
On the other hand, if you are partially at fault for the accident while driving a car that is not yours, car insurance still applies. In this case, the car owner’s insurance company would take liability for any damages you caused. Depending on the gravity of your actions, your compensation may be reduced to some extent.
Also, you may be able to sue the car’s owner for the accident. This is possible when an accident or injury is caused by the original owner failing to maintain their vehicle properly. This can especially apply if the owner was aware of a fault in the car and did not warn you.
We have looked at whether auto insurance will protect you or not in an accident when you are not the car owner. In the end, you will be covered if you fall under permissive use in the car-owners insurance. If you do not fall under their cover, you may not get any liability insurance benefits.
When we talk about marital agreements, we mostly come across pre-nuptial agreements or marital settlement agreements, which are agreements between the couple before marriage. A less common type of marital agreement is a “Mid-nuptial” agreement. This is an agreement between spouses who are already married.
Although mid-nuptial agreements are less common, it is important to have awareness about the terms and conditions associated with them as this information is vital in certain situations. For instance, in cases of divorce or death of either of the married spouses, the terms of mid-nuptial agreements can change the rules applied on either spouse just like prenuptial agreements.
Conditions to be met for mid-nuptial agreements
To be a part of the mid-nuptial agreement both spouses must choose and consult with the attorney of their choice independently. Additionally, they must show all their attested assets and liabilities at the time of agreement. Furthermore, each spouse must review and explain those attested documents before signing the agreement.
Terms that can be included in the agreement:
Properties that can be included in mid-nuptial agreements are homes, business ventures, inheritance, investments, and properties bought before the marriage. In the agreement, both spouses will decide how this property will be divided in case of divorce or death of either spouse. The mid-nuptial agreement may include sections defining property and their division depending on the circumstances like death or divorce.
Also, the properties which were acquired jointly by both spouses during their marriage can be included in this agreement. These types of properties are considered marital assets under the divorce code. Both spouses can mutually decide what will happen with those assets if divorce should occur. This can save time and money in the long run because the agreement spells out what the parties intended when they were on amicable terms.
Debts of both spouses in the marital state can also be included in the mid-nuptial agreement. The agreement will determine what will happen with the couple’s debt if divorce or the death of either spouse occurs. This section of the agreement can also establish separate responsibility for the debts of one spouse including the possibility that each spouse is only responsible for the debts incurred in their name.
Mutual consent is a must in this agreement. It cannot be forced upon either of the spouses. The agreement will include a section regarding their mutual consent explaining that signing this agreement is a decision of their own free will. With the mutual consent of both spouses, a provision can be included in this agreement that will allow them to modify it whenever needed. In this case with mutual consent, the document will be drafted, reviewed, signed, and executed later in the marriage.
“Making a mid-nuptial agreement should be prioritized by married couples without any marital agreements, as mid-nuptial agreements have proven to be very helpful in cases of any unprecedented situations or unfortunate incidents mid-marriage” says attorney Nicole Bikakis from Dolan Divorce Lawyers.
Hire an experienced attorney:
Planning a wedding can be a very tedious task, and many couples fail to write a prenuptial agreement due to a lack of time, energy, or understanding of the importance of it. If you find yourself in this position, you can always create a mid-nuptial agreement between you and your spouse. For helpful guidance and to make the overall process easy and smooth, the best option is to hire an experienced attorney to evaluate your situation and circumstances and provide you with the best feasible option for your case.
If you work in or live near a factory that handles dangerous chemicals, exposure to such chemicals can result in illnesses or injuries. Business owners are responsible for ensuring that the chemicals they use at their facilities are used and disposed of correctly to avoid the possibility of inflicting harm on others.
If a premises owner neglects their duty to keep employees and the community safe, they can be held liable for damages resulting from contact with the dangerous chemicals.
If you suffer injuries from exposure to toxic chemicals, you may be eligible to recoup compensation for damages resulting from the harmful exposure. However, compensation does not come automatically. You must file a claim with the at-fault party and at the right time, usually determined by the statute of limitations which is the time-frame in which a claimant can legally sue for damages.
Statute of Limitations and Discovery Rule
Applying the statute of limitation is straightforward for normal accidents such as car accidents, slip and falls, and falls from heights because it runs from the date of suffering the injury. However, injuries suffered from exposure to toxic chemicals may be gradual and could take years to show.
Under such circumstances, the discovery rule comes into play. Under the discovery rule, the statute of limitations runs from the day the claimant is diagnosed with an injury or illness linked to exposure to the dangerous chemical.
Compensation as an Employee
If you suffer injuries as an employee, you are eligible to collect workers’ compensation benefits. Workers’ compensation operates on a no-fault basis. That means you could be eligible even when the exposure was partly due to your negligence, for example, failure to follow safety protocol.
Under workers’ compensation, you can only recover economic damages such as lost wages, medical bills, cost of therapy, and prescription medicine. The workers’ compensation claims process is pretty straightforward in states like South Carolina, meaning you can navigate it without an attorney.
However, if the harm resulted from your employer’s intentional conduct, you may need to contact a Columbia personal injury lawyer to help you sue them personally for personal injuries. Under such circumstances, you can recover non-economic damages and even punitive damages.
Compensation for Non Employees
If you live near a factory that handles dangerous chemicals and consequently suffer any kind of harm, you can file a personal injury lawsuit against them. Unlike workers’ compensation coverage which limits recoverable damages to economic damages, you can recoup both economic and non-economic injuries through a personal injury lawsuit. Non-economic injuries include pain and suffering, disfigurement, disability, and psychological pain.
If the exposure affects a large group of people, your lawyer can initiate a case for you as a primary person and then accept other victims in this case. This kind of arrangement is referred to as a class-action lawsuit. Once a settlement is reached, the payout is subdivided among class members depending on damages suffered.
Class action lawsuits can be complicated but are an excellent way of cost-sharing when seeking justice. However, it will require working with an injury attorney that has a record of handling similar cases.
If exposure results in death, beneficiaries of the deceased can file a claim for wrongful death. Recoverable damages in a wrongful death claim resulting from toxic chemical exposure can include loss of a source of livelihood, medical costs, funeral costs, grief, loss of companionship, etc.
Personal injury claims are a common type of court case. As the name implies, these types of claims deal with an individual’s injuries resulting from an accident, such as a car accident or on-site job accident.
Personal injury claims aim to provide compensation for an individual’s injuries. Ideally, the compensation should be generous enough so that you are returned to your financial status before the accident, as you may be unlikely to return to your previous physical state.
What Constitutes a Personal Injury Case?
One of the primary components for personal injury claims is that there needs to be an at-fault party. That is, an individual, company, etc., must be directly responsible for your injuries.
If no one is directly or indirectly responsible for your injuries, you are unlikely to receive any compensation or file a claim. This will also be the case if there was no way to predict the chain of events that led to your injuries.
Talk with a personal injury attorney to see whether your circumstances meet the criteria to move forward legally. An attorney will analyze the chain of events and determine if there were at-fault parties, the extent of responsibility they may have for your injuries, and the amount of compensation your injuries are worth.
How Much Are Personal Injury Claims Worth?
Each person’s compensation for a personal injury claim varies according to several factors, such as the extent of the injuries, the amount of responsibility each party bears, and the level of insurance coverage each party has. The amount of compensation differs for each personal injury case because each claim is different.
There are three basic types of damages an individual may be able to claim:
- Economic Damages — These damages cover an individual’s financial losses, such as medical bills, the cost of medications or therapy, loss of income or future earning potential, and travel expenses to a doctor or physical therapist
- Non-Economic Damages — These damages cover the pain and suffering an individual experiences from their injuries, such as physical pain or discomfort, temporary or permanent disabilities, and reduced quality of life
- Punitive Damages — These damages compensate an individual for the other party’s negligence or wrongdoing, such as in the case of an accident that resulted from another driver’s intoxication or impairment
Not every type of damage is applicable for all personal injury cases. Economic and punitive damages may be appropriate for one injury case but irrelevant for another.
Additionally, each state has specific laws surrounding personal injury claims, reducing the compensation you are eligible to receive. This is especially true for comparative fault laws, which reduce an individual’s compensation proportionately to the degree of responsibility that person bears for the accident or their injuries. So if you are at fault for the accident in any way, it will reduce your compensation.
How Do You Provide Proof of Fault?
The burden of proof rests with the plaintiff, typically the injured individual, to prove that the defendant was responsible for the accident that caused the injuries in question. For personal injury cases, the standard is providing enough evidence that it is ‘more likely than not’ that the defendant is responsible.
Proving responsibility is typically tied to negligence. That is, you need to prove:
- The defendant was negligent.
- That negligence caused an accident or other chain of events that injured you.
- You sustained short- or long-term damages because of the injuries.
Evidence to prove negligence varies according to each case. Examples of evidence include police reports, photographs or videos of the accident, statements from eyewitnesses or involved parties, and copies of medical records or testimony from a doctor.
While it may seem inherent that the marriage and divorce rates in the U.S. tumbled during the pandemic with the courts and wedding venues shut down, a new study from Bowling Green State University indicates the impacts of COVID on American couples were even more significant than predicted.
Bowling Green’s Center for Family and Demographic research analyzed five states that released their monthly marriage and divorce rates from last year: Arizona, Florida, Missouri, New Hampshire, and Oregon.
Analyzing the Data
Florida, the largest state in the study, saw a 33 percent drop in the marriage rate and a 28 percent drop in the divorce rate. Although Florida’s marriage and divorce rate decline was the steepest out of the five states analyzed, researchers at Bowling Green were able to aggregate trends from all five states and apply them on a nationwide scale.
Results from this analysis indicate that 339,917 marriages and 191,053 divorces were either canceled or postponed in 2020. Considering that in 2019 there were around two million marriages and one million divorces, this data depicts that the overall marriage rate dropped by over 15 percent in 2020, with the divorce rate declining by nearly twenty percent, an astonishing figure.
These results contradict a widespread sentiment amongst researchers and academics during the pandemic. Many believed that the complications and proximity forced upon couples in quarantine would compel many more to divorce.
Furthermore, the marriage and divorce rates did not see a sizable rise once restrictions were minimized in most states at the beginning of the summer, suggesting a lack of pent-up demand from quarantine. While this trend is not valid in every state, as Arizona did see a sizable uptick in marriages and divorces after the spring of 2020, it is clear that United States couples felt overall less inclined to commit to marriage or separation once COVID began.
Evaluating the Cause
Although we hope the reason behind the prolonged drop in marriages and divorce is because couples were, and continue to be, happier after lockdown, this is most likely not the case. Many family law attorneys have identified the financial aspect inherent in marriage and divorce as the reason behind the decline. Attorneys and other professionals in the field claim that practical fiscal responsibility dominated couples’ decision-making under the uncertain conditions of the pandemic, supplanting the desire to throw a wedding reception or file for divorce.
Happy couples were willing to wait until life returned to normal before they had their ceremony. Separating couples wanted to ensure their finances were stable before beginning the resource-draining process of divorce. In both cases, couples felt like they were in limbo, ultimately permitting more time to evaluate their initial decision.
In the future, it appears as though this drop in the marriage and divorce rate will continue, as many Americans have permanently changed their perspective on traditional marriage. Before the pandemic began, marriage and divorce rates had already been declining for years. Considering that in 1980, the divorce rate was 22.6 per 1,000 married women, and in 2019 it was only 15.5 per 1,000 married women, it is clear younger couples have less of a desire to get and stay married.
Previous studies have also shown that younger couples wait longer to tie the knot. Additionally, those who choose to get married are typically more educated and more affluent than the average American. Ultimately, the institution of marriage is under more scrutiny than ever before, as the pandemic exacerbated the already declining occurrence of marriage and divorce.
In most states, cyclists must follow the same traffic rules as other road users while on the road. These rules include stopping at a stop sign or a red light.
This requirement will soon be a thing of the past in Colorado when the legislature finalizes work on a bill that aims to allow cyclists to proceed at a red light when the road is clear.
This law is not unique to Colorado. It was first introduced in Idaho, which explains its name, “Idaho law.” Other states such as Arkansas, Oregon, Delaware and Washington, D.C. adopted this rule through house bills that received bipartisan support across the states.
Changes You May Expect
Under “Idaho law,” cyclists must slow down to 10 mph when approaching a stop sign and proceed if the road is clear of vehicles and pedestrians. By passing this law in Colorado, the Senate will negate the need for a cyclist to come to a complete stop as other vehicles do at a red light. However, the cyclist is required to stop for a moment to check if the road is clear before proceeding. If there are pedestrians or vehicles, the cyclist will have to stay put until the road is clear.
While the bill has received much support among lawmakers in the states where this law is operational, some lawmakers still view this bill as dangerous, and that it exposes cyclists to undue danger. According to Rep. Richard Holtorf, the bill is unsafe and called for a staying of laws requiring cyclists to stop as other vehicles do. However, according to Rep. Matt Gray, a supporter of the bill, other states that have adopted this bill would not have done so if the bill was unsafe.
It Is Safe and Inexpensive
Statistics show that the bill does not pose any more danger to cyclists. In the states where this law is operational, statistics do not show an increase in accidents involving cyclists after implementing these laws. Available data shows a reduction in accident rates in those states.
Local campaign groups such as Bicycle Colorado have been the power behind this bill. According to Bicycle Colorado, director of communications Jack Todd, intersections are the most dangerous places for cyclists, pedestrians, and people using wheelchairs. Todd believes that implementing this law will allow cyclists time to get out of the potentially dangerous situation.
Other Cities Consider the Law
In 2015, cycling advocates in London suggested that the city adopt the Idaho model, citing that it was much easier to implement instead of using technology to turn red lights green for cyclists when they approach a red light. The technology involves using radio frequency identification tags attached to the bike. As the bike approaches a red light, the radio frequency communicates with the bike automatically and turns the red light green for the cyclist. London is yet to pass laws allowing cyclists to ride through a red light.
“Regardless of the law, cyclists are safest when they pay attention to their surroundings and maintain a safe speed on the roadway,” says injury lawyer Amy Gaiennie of Amy G Injury Firm. “If the law goes through, bicycle riders should be sure to be extra cautious in intersections and anywhere they may encounter hidden vehicles or pedestrians.”
Even with the creation of these laws, cyclists still remain quite vulnerable while on the road, which calls for extra caution for cyclists while enjoying the privilege. Moving forward, other jurisdictions will have to weigh vulnerability concerns along with the merits of giving cyclists individual discretion in their decisions to ride.
2021 showed an upward trajectory in the number of homicides in the United States. According to the Council of Criminal Justice report centered on data from 22 major cities, 2021 marked a 5 percent increase from numbers reported in 2020 and 44 percent higher than 2019 numbers.
Most Cities Saw an Increase in Homicides
According to the report, 16 of the 22 cities cited in the survey had increased homicides, with the highest increase being at 108 percent in St. Petersburg and the lowest in Memphis at less than one percent. In the six cities that recorded a drop in homicides, Seattle and Omaha had some of the most notable dips of 25 and 24 percent, respectively.
Despite the uptick in murders in the last two years, these rates are nothing compared to that recorded in the 1990s. Murders in 2021 represented 15 deaths per 100,000 residents, almost half of the rates recorded in 1993 that was at 28 deaths per 10,000 residents.
Factors That Fueled the Uptick
“This elevated number of homicides should be a wake-up call to elected leaders to formulate policies that will help address this problem before it gets out of hand,” says criminal defense lawyer Allen Yates of the Yates and Wheland law firm. According to experts, the high uptick in 2020 could be attributed to the pressures of COVID-19. Following the death of George Floyd in Minneapolis, the increased social disorder across America may also have played a part in fueling the uptick in violent crimes as many cities descended into weeks-long chaos. However, the difference in homicide trends across states indicates that local factors such as policing may also affect the uptick.
The CCJ study also cited the accessibility of legal and illegal guns as a significant factor. According to Dr. Richard Rosenfeld, a University of Missouri’s criminology expert and one of the authors of the CCJ report, the rate of aggravated gun assaults was 8 percent higher in 2021 than the previous year. Gun assaults accounted for a third of all murders committed in 2021.
The FBI, which had mandated to maintain the most comprehensive data on violent crime, has yet to release its 2021 report. According to its 2020 report, murder rates increased by 30 percent in 2020, representing the highest year-to-year uptick since the 1960s, when the federal agency began tracking violent crimes.
Some Crimes Were On a Downward Trend
Not all crimes experienced a surge in 2021, according to the CCJ study. There was a 12 percent dip in drug-related crimes and a decreasing trend in property crimes. Car theft continues to increase, with the study reporting a 14 percent increase from 2020.
The study also took an interest in inflation rates which rose by 7 percent in 2021, the highest rise in one year in nearly 40 years. According to Rosenfeld, there is a correlation between inflation and the crime rate. While the CCJ’s report may not be comprehensive, it paints a clear picture of the status of violent crime in America in 2021 as the nation awaits the more comprehensive FBI report later this year.
An order of protection is a court-issued document that protects an individual from harassment, abuse, or other action by another individual. Someone can also issue protection orders on behalf of multiple people, organizations, objects, or entities.
Orders of protection are usually filed due to harassment, violent behavior, domestic or other abuse, or stalking, though these are not the only claims that can lead to an order. Duration and specific requirements vary according to each order, but the intent is to protect the one who filed against a specific individual.
Typically, this means you are not allowed to speak to or otherwise contact or come within a certain distance of the person who filed the protection order. The order of protection may also extend to close friends or family members, meaning you will not be able to contact them either.
How Will An Order of Protection Affect Me?
If someone files an order of protection against you, you must understand the terms of the order. Contact a criminal defense lawyer or other legal representation if you are unsure about specific requirements. You will be penalized for any violations of the order, intentional or not.
Usually, an order of protection means you have to cease contact with and avoid a specific person. You will have to potentially move if you live with or near the person who filed for the order. And if you work with the person who filed the order, you will likely have to find new employment.
There may be other impacts. You may not be able to own a weapon. You will not be able to gain a license for hunting and fishing. Non-citizens may also have their green cards revoked or visa status reviewed.
How Long Does An Order of Protection Last?
An order of protection is valid until it expires, expunged, or otherwise declared invalid. But until that point, you must follow all the rules laid out in the order of protection for the entire duration of the order. Failure to do so will result in severe consequences, such as court charges.
What Recourse Is Available Against An Order of Protection?
There is no middle ground for orders of protection: either you have to follow the guidelines therein or fight to have the order expunged or invalidated. The best way to learn about available legal options is contact a lawyer experienced with orders of protection. They will be able to advise you on what options, if any, are available.
To fight an order of protection, you must prove that the evidence upon which the order was granted is weak or faulty. For example, a way to refute evidence of physical abuse is to provide an alibi and witnesses for the time of the alleged attack. Similarly, you could argue that all of your communications were professional interactions for protection orders based on workplace harassment.
You will need to discuss the details that led to the protection order with your lawyer. Be as thorough as possible and do not leave information out, even if you think it is embarrassing or reflects poorly on you.