The Law

Your Ultimate Guide to Evicting Travellers From a Private Land

The Law

Landowners can legally evict gipsies and travellers without a court order. However, if there is damage to a traveller’s property, they can report the landowner to the police. For a landowner, these are the things you have to avoid.

There are several methods of evicting travellers from a private land. Landowners can obtain an order of possession, a writ of possession or use a remedy in common law. An advantage of using common law is that court action is unnecessary and you can carry out the eviction within 48 hours.

What are your powers under common law?

Under the common law, landowners can evict gipsies and travellers using reasonable force. Enforcement agents instructed by the landowners normally carry these out. An enforcement agent must provide a written notice to the travellers giving them 24 hours to vacate the area.

Should the travellers fail to leave within the given period, enforcement agents can make use of removal vehicles to remove the travellers and their personal items in the land. The eviction process under common law is fast, and it has a lower amount of damage to the land and property.

What are your powers under the Writ of Possession?

A landowner must first obtain an Order of Possession before a Writ of Possession. A Writ of Possession is enforced by an HCEO or a High Court Enforcement Officer; local authorities and private landowners can utilise this.

The landowner must first ask the travellers to leave the land. If they refuse, the landowner can invoke a claim of possession in the County Court. There will be an issued claim form and a hearing date.

If the travellers do not file a defence or leave the land by the hearing date, the eviction order will be granted resulting in a regaining of possession of the land using an HCEO.

What if the travellers are ignoring me?

If the travellers are ignoring you, you can speak to other members of the community. Keep in mind that these families may experience a lot of intolerance and racism. They may be cautious at first. However, if you feel like negotiations aren’t going anywhere, you can seek the help of the court.

Can I let them stay if there are no caused disturbances or damages?

Some landowners disregard the idea of evicting travellers from a private land as long as there are no troubles. Some are even open to their culture because of their contribution to trade life.

In the summer, the chance of gipsies and travellers to inhabit a private land increases. Knowing the different methods of eviction can help you minimise damages and costs.

Divorce Issues: Could You Force Your Spouse to Leave Your Home?

The Law

Filing for divorce won’t guarantee that your spouse would leave the house. After all, no law states that your spouse should leave because you’re getting a divorce. Plus, the family home is technically still marital property because you’re not divorced yet.

However, you’ll be relieved to know that if your living situation becomes dangerous or unbearable, you have some options, according to The Burnham Law Firm, P.C. and other divorce lawyers in Denver.

Legal options to remove your spouse from the family home

Although the laws regarding removing spouses from the family home vary widely from one state to another, a majority of courts would be unwilling to do so unless there’s past, potential, or existing emotional or physical abuse involved. The same applies even if the family home is under the name of the spouse requesting the removal of his or her partner because courts prefer that the couple resolve this issue on their own or else wait for the divorce to be finalized.

Is there another way?

Getting the court to order your spouse’s removal from your home isn’t your only option. If your spouse is amenable, it might be easier for both of you to come to an agreement. This is simpler and faster than filing all sorts of papers and going to court dates. On the other hand, if both of you are having a difficult time communicating, consider getting a mediator to help you out.

It’s important to note that courts are wary of granting an order to remove a spouse unless the other spouse, the claimant, could prove the abuse. If you do manage to get a temporary order from the court because your spouse threatened to hurt you, this might not be sufficient to keep him or her out of the house for good. The reason for this is that many spouses do this just so they could kick out the other from the house.

If your request for permanent removal gets denied, your spouse would certainly come back, and you could be in a worse situation than you were before because of what you tried to do. If this happens, it’s better to leave the marital home until you get your divorce finalized.

Set Modest Goals to Handle Back to School Activities and a Divorce

The Law

A divorce can be difficult to manage, in general, but it becomes even harder to handle when it is time for your children to go back to school. For the sake of yourself and your children, you will naturally want to go through with the divorce as civil and as respectful as possible. Things can turn awry when you least want them to, sadly. Instead, you can simply aspire to accomplish more modest goals, and you will find yourself handling the divorce and your children’s back to school better.

Keep Your Children in Mind

You can ask family lawyers here in Townsville for advice, but a good goal to strive for lies in fighting in the absence of children. No matter how sour your relationship with your spouse has turned, your children have to be protected from all the distress that divorce and the process can bring. At the same time, do what you can to manage your divorce while keeping to the previous rule.

Be Realistic with Co-Parenting Arrangements

You can also push yourself to look at things realistically. You may be able to conduct yourself civilly, but your spouse may not. In such a case, you have to assess any arrangements between you and your spouse and see if both of you can pull through with those arrangements. When either of you can’t perform ideally, it will be best to distance yourselves for a while.

Inform the Teachers

When you can conduct yourselves as co-parents, however, you can do some things to facilitate your children’s back to school activities. You can inform the teachers about your family’s situation. In this way, they can watch over your children over the course of the day, and they can prepare themselves on what to do in case of any emotional issues.

With these goals, a divorce can be easier to get through as you handle your children’s school activities. Things may not be ideal, but things can work out quite well when you stick to goals that you can achieve.

Car Accidents, Whiplash, and Your Right to Fair Compensation

The Law

So many Kent motorists who got into a car crash are unaware of specific injuries they’ve sustained until they begin to feel pain. In numerous cases, these take the form of whiplash injuries. In fact, these are so common that they affect more than 2 million people in the United States alone.

A whiplash injury may not immediately cause pain and immobility, but it doesn’t mean that you should no longer seek treatment or that you should just let the person who caused it walk away. When left untreated, you can experience even more painful, not to mention debilitating symptoms. It’s your right to receive compensation, and with the help of the right attorney, win your personal injury claim.

How these injuries come about in the first place

Whiplash results from the forced the quick backwards-forward motion of the neck, which is typical in rear-end collisions. The stress can tear and strain the muscle fibers and/or tendons, as well as pull and sprain the ligament. In some cases, it can even lead to more severe damage, such as dislocated or fractured bones.

Low-speed crashes that lead to long-term consequences

Did you know that a collision involving a car just running at 5 miles per hour can already result in a whiplash injury? That’s right; even these low-speed collisions can already cause you harm, which doesn’t just bring highly unpleasant sensations, but also long-term adverse effects.

Filing a personal injury claim to make you feel whole again

Regardless of the extent and severity of your injuries, you shouldn’t just allow the driver who caused you harm, pain, suffering, and even psychological trauma. However, it’s best that you seek professional legal assistance during the filing. This way, you can have the best chances of winning and becoming whole again with the compensation from a personal injury claim.

The Key to Making Your Registered Nurse Career More Exciting

The Law

Nowadays, more and more registered nurses are exploring other methods to further their careers aside from applying or waiting for a promotion. Some undergo continued healthcare and medical training to have a specialization, while others complete programs that allow them to work both as a nurse and a legal professional. Those interested in the latter should consider taking legal nurse consultant classes.

As you familiarize yourself on the process of how to become a legal nurse consultant, you’ll learn that pursuing this line of profession will lead you to numerous career growth opportunities. And here are just to name a few:

Bringing your network outside of the hospital walls

One thing that makes nurses great at what they do is their natural ability to connect with others. And they need to, seeing that this ability allows them to have a better understanding of their patients. This attribute is also essential when it comes to mediating disputes between patients and their healthcare providers or insurance companies, or health care facilities and insurers.

As such, becoming a legal nurse consultant opens doors of opportunities for you to bring your contacts outside of the healthcare industry. This way, you canbuild relationships with professionals other than those you already have an affiliation with.

Improved analytical skills and overall professional growth

Legal nurse consultants provide their expertise and skills to a myriad of practitioners and industries, including those in the insurance and law, as well as the government. With their tasks extending beyond the needs of their patients, they have to have strong analytical and communication skills. They use these abilities to decipher facts and jargon that the other professionals they work with can understand more easily.

All these then create possibilities for registered nurses to experience considerable personal and professional growth. This alone should already make a career as a licensed legal nurse consultant strongly appealing to you.

Intestate Succession of a Māori Land and its Process

The Law

Whenever a Māori passes away without a will, there is a priority rank for succession to the interests of the land. Rainey Collins Lawyers says that your Māori land lawyer will inform you that the kids of the owner (or their grand kids if the kids already died) have the primary entitlement to equal shares. If the owner does not have any kids, then their siblings or their siblings’ kids (if their siblings died) will have the right.

Moreover, if the owner does not have any kids or siblings, then the closest relatives from the whānau’s side will be entitled. If no one belongs to any of the said categories, then the Court will decide who will acquire the land interests according to Tikanga Māori.

When they finally figure out the right inheritor, the succession process starts by filing an application to the Māori Land Court. Their application must contain the details below:

  • Whakapapa of the deceased
  • Birth certificates, names, and contact information of their kids (including any whāngai)
  • Contact information and names of their surviving partner or spouse
  • Record of the Māori land the deceased owned that the whanau know about. As soon as they have filed the application, the Māori Land Court will conduct further research. This will guarantee that they include all the land owned in the succession orders.
  • Copy of the probate files (if necessary) and the Will
  • Death certificate

You can download the succession application form template on the website of Māori Land Court or get it at any of their offices. As soon as the Court receives all needed details, they will set down the matter for hearing. During the hearing, the Judge will listen to the applicant and other concerned individuals. They will then determine the rightful inheritor of the Māori Land interests.

Landowners should speak to their whanau and inform them about what they want to happen with their land when they die. This ensures that there are no surprises when the time comes.

Gaining a Better Understanding of Criminal Law

The Law

Lawyers are categorized based on the section of the law they practice and the responsibilities they undertake. A lawyer may focus on family law, criminal law, and other types of law.

Similarly, criminal law attorneys are also categorized according to the branch of criminal law they deal in. The various branches of criminal law seek different methods to define a crime. An experienced business attorney in Colorado shares more information about criminal law.

Objectives of criminal law

Criminal law is supposed to perform three duties. One is to define what the crime committed is. The second is to find the victim affected due to the crime committed and the final duty is to determine the accused or the perpetrator of the crime. To perform these duties, the criminal law is divided into two major sections.

Different sections of the criminal law

The first section of the criminal law deals with criminal procedures. This involves handling the court trials of the case. The procedure they follow will pave the way in which the investigation will take place. It also deals with the collection of evidence and facts. There are many criminal lawyers and business attorney firms in Colorado and other states.

The second section is the practical criminal law, which focuses on the specific crime and the suitable punishment. The criminal lawyer handling this section is called the defense attorney and is the legal representative of the individual/s accused of committing the crime. They begin their task only after the accused hires them. If the accused cannot afford a lawyer, then the court will appoint one to represent them.

After they are hired, these lawyers will meet their clients to gather details about the crime from the perspective of the client. If the client admits guilt, the lawyers will hand over their clients, but if they do not, the lawyers will aid their clients with the required legal support to get courtroom success.

Today, lawyers have updated websites so finding the right one is easier and affordable. Work with a reputable attorney to ensure a positive outcome for your case.

Medical Malpractice: The 3rd Biggest Killer in the US

The Law

Medical Malpractice and GavelFor years, headlines in America teemed with stories of medical malpractices that left families bereaved, patients disabled for life, and health professionals stripped of their license.

In the US, medical malpractice is prevalent, and it is important for both doctors and patients to arm themselves with information to prevent these fatal errors from happening. Medical malpractice has already claimed the lives of 250,000 people.

Common Medical Errors

Most doctors get into hot water because they mistakenly diagnose a patient. If they misdiagnose a patient, they could give the wrong treatment, which is usually harmful, if not fatal. For instance, a patient may be allergic to the medicines given to him. On the other hand, if the doctor does not diagnose a disease in time, any treatment might be too late and useless.

Another common case of medical malpractice is injuries incurred during child delivery. The mother could suffer from heart attack, seizures, or internal hemorrhage that cause death.

Other times, it is the child who suffers when the designated nurse fails to administer the right care to him, and he is neglected. Negligent prenatal care is likewise a cause for concern because there is the likelihood that congenital disabilities and other problems won’t be identified and given attention.

Mistakes in surgery and anesthesia are other medical errors that doctors and health professionals can commit. Both may also end up in the death of the patient.

Should You Hire a Lawyer?

Just in case you are living in Springfield, IL and medical malpractice happens to you, it is your right to seek the help of an attorney. Don’t be afraid to narrate the circumstances surrounding the incident, however embarrassing, as every detail could be helpful in solving the case.

If you are a doctor, surely you don’t want to risk your license. If you are a patient or a relative of the victim, you would want to ensure you are given all the assistance possible. Contact an attorney and help stop the prevalence of medical malpractice.

In Love and Incarcerated: Are Prison Relationships Now Common?

The Law

Man behind barsIn 2015, a female North Carolina prison employee made it to the news after investigations found a connection between her alleged sexual relationship with a prison inmate and a jailbreak. According to corrections officer Robin Kay Miller, sexual relationships between inmates and officers have always been a problem, especially as allegations arise that felons may be using such affairs to break out.

For other prisoners who found love behind bars, however, a life outside is not the only factor that can fuel a relationship. A lot of them did fall in love, and with people from the outside who they met through websites and apps.

Snail Mails are Out, Apps are In

Some inmates were fortunate enough to be able to turn to bail bonds in Raleigh, NC, to attain freedom, start anew, and find love outside. Others, however, have no other choice but wait for their case to move on.  

In the past, these inmates relied on snail mail to meet friends and potential partners. With the arrival of websites and apps such as InmatesforYou.com, MeetaPrisoner.com, GayPrisoners.net, and PrisonTalk.com, it is easier for inmates to communicate with people and even find love interests from the outside.

Not Old News

Records show that inmates who serve time, even for the most heinous crimes, have the ability to woo people outside.

Take Lyle Menendez, for example. Lyle was incarcerated with brother Erik in 1989 for the murder of their parents. After they had been given a life sentence, he married Anna Eriksson, his pen pal, in 1997. They split up after one year, but in 2003, Lyle married another pen pal in a prison ceremony.

Scott Peterson, meanwhile, who was in the death row for the murder of his wife and his unborn son, reportedly received a significant amount of love letters from admirers.

Many people reach out to inmates to show compassion to those behind bars. Sometimes, however, it’s easy for the lines to get blurred. While some conditions can restrict inmates from forming new relationships, there are instances when such relationships work out.

You Just Need These 2 Quick Steps to File a for Divorce in Colorado

The Law

Divorce Text Written in a Torn Piece of PaperIn Colorado, if you can no longer get along with your spouse, you may find it easy to file for a divorce. The state would gladly grant it to you if your marriage is “irretrievably broken,” without citing other concerns.

Now, before you go straight to the courts to file for a divorce, you should meet the residency requirement. You should have lived in the state for a minimum of 3 months or 90 days. Next, here’s what you got to do. Consult with a divorce lawyer in Denver, Colorado who can better explain to you the entire process.

Step 1: Fill-Out and Submit Necessary Forms

Although there are many forms that you have to fill out, there are only three main ones. First is the Case Information form, then the summons (Summons for Dissolution of Marriage or Legal Separation form), and the petition (Petition for Dissolution of Marriage or Legal Separation form). There are two kinds of petitions, one for “with children” and one for “no children”.

You can get copies of the forms at the courts, or you can just download them online through the website of the Colorado Judicial Branch. Print your copies only on acid-free bond paper.

Submit your documents to the county court where you and your spouse live. It will be filed, stamped, dated, and photocopied. You will be given copies as well.

Step 2: Serve the Summons and Wait

Now you can provide copies of the documents to your spouse. You will be sending the summons form that should be signed by your spouse, too. However, if you jointly file for divorce, you can opt not to provide a copy of the summons.

After the summons is signed, it should be returned to the courts for proof that the divorce case is in progress. However, you have to wait three months before anything is done about it. All you have to do now is wait.

If you can’t do everything by yourself, you can hire a divorce lawyer in Denver, Colorado to help you accomplish all these tasks.