What domestic violence means in the state of California

In California, domestic violence happens when a person in specific types of relationships commits a criminal act. These relationships based on the California Penal code are either spouse, former spouse, cohabitant, former cohabitant, co-parent, or a partner in a dating relationship.

Depending on how severe the act of domestic violence was, a prosecutor can decide, based on the several sections of the Penal Code, the charges. For example, battery charges are more serious in domestic violence cases than in other types of cases.

3
Image source: kathleenfrankauthor.com

The maximum jail time for someone found guilty of battery and domestic violence is one year, with a $2,000 fine. Depending on the judge’s decision, the defendant can be ordered to participate in a batterers’ program instead of incarceration.

For those who intentionally (willfully) inflict physical injury on any of the partners mentioned earlier, then that it also a chargeable offense, especially if it leads to traumatic conditions. This is much more serious, and the sentence, more severe. Persons found guilty of willful infliction of bodily injury may face as many as four years of jail time and a hefty $6,000 fine. For those with a prior conviction, though, the punishment may be up to five years of jail time, with a $10,000 fine. The caveat though is that the previous conviction should have happened within the last seven years.

4
Image source: failedmessiah.typepad.com

Olympia Law is based in California. The law firm specializes in a number of legal issues, including domestic violence. Learn more about domestic violence laws by checking out this site.

Declaring Bankruptcy: Some Legal Implications

Image source: hufftingtonpost.com
Image source: hufftingtonpost.com

Contrary to the usual stigma attached to bankruptcy, this need not be so bad at all times. In fact, declaring bankruptcy can even be considered as a strategic move in some situations. Thanks to a few legal implications, people are now more educated about bankruptcy, and are subsequently more confident in using it as a tool when their business or financial situation calls for it.

There may come an unfortunate time when a debtor can no longer realistically pay creditors. If this is the case, declaring bankruptcy is the debtor’s way of being protected, such that creditors cannot pursue legal action against them.

Without the declaration of bankruptcy, the creditor may demand for a payment of money, as this is the original point of the debt. But bankruptcy allows for the debtor to pay for his debt in the form of properties or other assets. This is another legality.

Image source: moneyschool.org.au
Image source: moneyschool.org.au

Other items of ownership and entitlement are also spared from being used to pay off debts, in the event of a filed bankruptcy. These include property held in trust for someone else, property which has sentimental value, life assurance policies, and the properties of a non-bankrupt spouse.

The legal intricacies of bankruptcy are endless, and the best legal advisors know that its declaration allows for some advantages for their clients. Competent lawyers should assist thos filing for bankruptcy.

Olympia Law P.C. is devoted to, among others, representing clients in a number of bankruptcy proceedings. It also offers a comprehensive real estate litigation service and expertise in personal injury cases. Learn more about the the firm’s practice by visiting this website.

What People Need To Know About Defective Drugs Cases

Image source: jerseyurology.com
Image source: jerseyurology.com

Sometimes, pharmaceutical drugs sold to the masses are defective. Instead of improving physical and mental wellbeing, they worsen existing conditions, or create new ones. Let’s take a look at some of the important things people need to know about defective drugs litigation:

Defective drugs cases are, more often than not, treated as personal injury cases. And as such, they require the expertise of personal injury lawyers.

The harmful conditions caused by defective drugs can range from the physical, to the psychological, to the emotional.

There are three major causes of harmful conditions: lack of pertinent information on medicine labels, lack of adequate warnings on the packaging, or intrinsic defects in the drugs.

The pertinent information on the packaging and labels include side-effects (all of them), and adverse effects on people with health conditions.

The Food and Drug Administration, or the FDA should oversee the testing of every single drug available. The FDA is also responsible for approving all these medicines.

Image source: mercuryrx.com
Image source: mercuryrx.com

Victims of defective drugs can file cases against a number of people, from labs, manufacturers, doctors, hospitals, med reps, and more.

Defective drugs cases can also go hand-in-hand with medical malpractice and product liability lawsuits.

Olympia Law is a Los Angeles and Orange County-based law firm with expertise in personal injury litigation. For more on personal injury law, feel free to read supplemental articles on this blog.

Bankruptcy: Facts That Everyone Should Know

When the word bankruptcy is mentioned, the default reaction is more or less negative. Bankruptcy stirs up thoughts of destitution, homelessness, and overall poverty. But the truth is much more complicated than that. Here are a few facts about bankruptcy that people should know.

Image source: berkeley.edu

  • Processes regarding bankruptcy are quite complex and technical. There are a number of forms and documents that need to be submitted when filing for bankruptcy. If people miss the deadline of a bankruptcy court, they may need to file the whole thing over again, which involves another payment of the fees.
  • Since the Bankruptcy Code changed in 2005, it has been more difficult for people to eliminate their debt, especially if they have money and assets that can still be used for payment.
  • Chapter 13 bankruptcy allows the court to tell the filer his or her income and expenses. The debt is then calculated with respect to the income and expenses, and how much a monthly repayment would be.
  • Legal experts do not recommend self-representation in bankruptcy court since the processes and laws can be mind-boggling. A lot of people who file for bankruptcy are unaware of the finer details that when overlooked, can lead to the case being dismissed entirely.
  • Bankruptcy courts only deal with bankruptcy cases and nothing else.

Image source: flickr.com

Olympia Law deals with a multitude of legal issues, including bankruptcy. For more on the law firm and its practice areas, visit this website.

A Brief Introductory Insight Into Personal Injury Lawsuits

Any injury to a person is considered a personal injury. Damages sustained by the body, mind, or emotions are personal injuries. Personal injury lawsuits are common in the United States. Personal injury claims often involve negligence of other people as the cause. So bodily harm, negligent infliction of emotional distress or NIED, and intentional infliction of emotional distress or IIED are all under the scope of personal injury.

Image source: pdcareproducts.com

Personal injury claims come in many forms. Many are from road accidents. Others come from injuries sustained at work, or in the workplace, or at home. Holiday accidents are also common, such as ones experienced on cruise ships. Assault is also grounds for personal injury claims, as well as injuries sustained by defective products.

Personal injury also extends to the medical field as many claims brought about by medical negligence lead to accidents as well. Any medical or dental accident can be grounds for a personal injury claim.

Another legal area where personal injuries happen is the industrial sector. Industrial disease cases as they are called, include chest and respiratory ailments such as emphysema, bronchitis and asthma, asbestosis, infection of the airways, vision blurring and deadness due to occupation, physical strain, and skin diseases.

Image source: community.simtropolis.com

Olympia Law P.C. is based in California with offices in Los Angeles, Glendale, and Irvine. The firm specializes in a number of cases including personal injury claims. More information about the firm and its services can be accessed here.

Understanding the rationale of homeowners’ association rulings

Disputes with the homeowners’ association are a common dilemma for many property owners, who often have to contend with restrictive development clauses and other covenants that interfere with their ability to expand, improve upon, or sell their homes. Many times, the presence of an association would be enough to turn off many home buyers due to the reluctance of having to deal with potentially crippling association restrictions.

image001
Image source: aisinsurance.com

Understanding why a homeowners’ association rules against expansion can help build a case against unjust moves by members of the association and prevent further conflicts from arising.

Living in a community with a homeowners’ association promises a number of things to individual homeowners, often at the cost of a few liberties along the way. The rules are often placed to maintain the aesthetic appearance of the community to boost property values. Often this entails blocking the construction of certain structures and regulating the addition of decor to the community, among others.

The new homeowners become automatic members of an association upon the purchase of the property and are often given a copy of the association’s rules and covenants before finalizing a purchase. The first thing to do when confronted with action from a homeowners’ association is to check whether the actions fall within the association’s rules. In many instances, association rules are not always interpreted correctly by board members, which could cause the conflict to turn in favor of the homeowner.

Besides checking the rules, homeowners should also take account any rule changes, which in some cases can be capricious and arbitrary. Preventive measures include protesting potentially unreasonable new house rules before they become codified in practice.

homeowners_association
Image source: realtor.com

As a last resort, and if no other method of resolution proves effective, taking matters to court may be an appropriate solution.

Settling homeowners’ association disputes is among the many cases under Olympia Law‘s practice area. Visit this website for more on the firm and its approach to legal representation.

Left Holding the Bag: Adequate Responses to Mechanic’s Liens

Mechanic’s liens put the burden of unpaid debts on homeowners should the contractor fail to pay subcontractors, workers, or suppliers in construction projects or home improvements for which the homeowners hired the contractor’s services. Contrary to what its definition indicates, it is not necessarily a mechanic that would demand a lien of payment.

On the surface, the liem seems glaringly unfair to the end users, who might be neither willing nor capable of paying for a job twice. However, the state laws favor the individual workers and suppliers as being those who actually provided the service and in greater need. The improved property becomes the ultimate guarantor of payment for all contributors to the project. Likewise, laws in this instance presuppose that the end users would in turn seek litigation against the contractor for leaving them with a mechanic’s lien.

Construction Workers Looking at Roof July 1999

Image source: www.organicarchitect.com

After sending the client a notice and filing a claim at the county, the subcontractor or supplier that files the lien can then work out a solution with the property owner or file a lawsuit within a two- to three-month window, after which the lien has no effect and can be dismissed. Homeowners, though, must file for a court order to clear the property of a lien should they intend to sell the property in the future.

On occasion, liens might not have been sent appropriately in the first place. Subcontractors and suppliers could erroneously send payment notices which have clearly been paid.

Dollarphotoclub_6901293

Image source: nationaltitlecompany.com

In a mechanic’s lien, the burden of proof is on the property owner. Hence, it is important that a homeowner keep close tabs on the contractor, including proofs of payment, contact details, and other vital paperwork. A paper trail works toward litigation against a contractor, who might have had recourse to duplicitous means to obtain an unfair lien, can be brought to court.

Olympia Law, P.C. is a southern California-based law firm representing clients in a wide array of real estate law cases, including mechanic’s liens. Visit this website for more information on the firm and its practice areas.