Biggest Workers Compensation Cases in History

The Biggest Workers Compensation Cases

As an employee, if you are injured in any state or form, on the job, or as a result of your job, you may be entitled to compensation. Workers Compensation is an insurance that employers are required by law to pay into. Workers Compensation is an assurance for you, as the employee, to receive medical benefits and wage replacement in case of any workplace injury. In a lot of situations, workers compensation may not be enough to replace what a workplace injury can cause. The employer and/or the insurance company may want to negotiate with you a settlement to prevent the cost and time of any tort action you may bring against them.

How Much Compensation Am I Entitled To, In Order To Make Myself Whole?

In California, 18 year old Antonio Enriquez was at his construction job. It was 2004 and the day was like any other except the foreman never properly checked the safety of the scaffolding. He told Mr. Enriquez he had to work from the top of the scaffolding. Shortly after making it to the top, the scaffolding gave way, sending Mr. Enriquez to the ground where he landed on his head. The incident caused permanent damage that was going to inhibit Mr. Enriquez for the rest of his life.

Mr. Enriquez began to suffer from depression, cognitive deficits, psychosis, self mutilation, anxiety, as well as being diagnosed with multiple personality disorder. Mr. Enriquez will need care for the rest of his life. His lawyer took up the case 5 years after the incident occurred. Mr. Enriquez’s attorney was able to represent him against the Workers Compensation Insurance Company for a settlement of $8.9 million, the largest in California’s history.

Florida’s Largest Workers Compensation Case

In the winter of 2006, Antonio Acevedo was working as a roofer in Miami, Florida. His job at every new site was to rip the old roof off and then he would be one of a few roofers that would apply the new roof. While pulling the old metal off of a roof, he fell. The resulting 20 foot fall resulted in Mr. Acevedo’s paraplegia and severe brain trauma. He now requires 24-hour care.

Mr. Acevedo had been working on a corroded metal roof that his employers had failed to inform him of. A jury awarded him $16 million allowing him to be provided around the clock health care for the rest of his life and a means of income for he and his family.

Wal-Mart’s Largest Workers Compensation Class Action

Not all of the largest Workers Compensation cases are for individuals. In 2009 the entirety of Wal-Mart’s employees in the state of Colorado brought forth a Workers Compensation class action lawsuit. The employees were able to sufficiently show that Wal-Mart had leveraged its health providers into making bias decisions when it came to Workers Compensation for the employees in the state of Colorado.

The Colorado employees of Wal-Mart received a total of $8 million. Additionally, each employee that was treated at a health provider facility received an additional $520.

Most companies and insurance agencies don’t release dollar amounts of Workers Compensation settlements. Yet, some of the larger amounts still find their way to the headlines though. Pain and suffering is not covered in Workers Compensation insurance and you’re not automatically entitled to this as a the victim of a workplace injury. You will need to contact an attorney that specializes in Workers Compensation litigation in order to receive what you may need to recover from workplace injury properly.

This article was written by Jerome Eckerman. Jerome is studying law in Sydney, Australia, but is originally from Orlando, FL. Since he has left the country to persue his degree in law, he has also stayed in touch with The Law Offices of Charles H. Leo – an Orlando based Social Security and Workers Compensation attorney. He frequently creates and contributes content to Mr. Leo and his site!

Legal Responsibilities of Property Ownership

It’s not just enough to buy or own property; you also need to take measures to combat the potential of accidents or injuries to anyone who may end up on that property. With fall-related injuries being so common, and occasionally even fatal, it’s absolutely critical — and it’s absolutely your responsibility to practice due diligence to prevent them.

As a property owner, you could be held liable for any injuries that occur on your property. Some of the more common accidents that could happen on your premises include:

• Slip and fall accidents

• Trip and fall accidents

• Drowning or sustaining injuries from falling into pools

• Injuries from animal or pet bites on your property

• Injuries sustained from sharp or dangerous objects

Now, there are certain situations where you have no duty to the injured individuals. This is largely dependent on the category of people the injured individual falls into. According to the law, there are generally three different kinds of individuals who will be on people’s properties:

• Licensees in the form of people allowed temporary use of the property, such as in the case of people renting a conference room in a hotel or office building.

• Invitees in the form of businesses, renters, customers of the business, job applicants, employees, family and friends, and so on.

• Trespassers in the form of unwanted guests or miscreants who are often up to no good and enter or occupy a properties without any permission from the owner.

• There’s also the category of trespassing children who unwittingly wander onto other people’s properties without any awareness of the repercussions or the dangers inherent in engaging in certain activities such as swimming or trying to play with the guard dog.

In the latter instance, the property owner is obligated to ensure that their property is safe for children or otherwise make the property inaccessible through the use of fences or other obstructions.

Because the first two types of individuals are invited, the property owner can be held liable for any injury they sustain while on the premises. In the event of unwanted guests, the property owner probably shouldn’t be held liable. Unfortunately, not every state treats these situations in the same way. If, for instance, a neighborhood rascal was to sneak into your fenced yard to have a go at your swimming pool and suffers an injury in the process, you could be liable — even if most people’s common sense, or even the laws of a neighboring state, say you shouldn’t.

This is why you should find out from your attorney treats liability in each of the above cases. The sad truth is that if someone is injured on your property due to your negligence or lack of adherence to standard safety precautions, you can quickly find yourself in a lawsuit.

What Can You Do to Prevent These Accidents from Happening on Your Property?

Do you know that each year, about a million people suffer from injuries caused by slips, trips and falls at home, in other people’s homes and on commercial properties? What’s even worse is that about 20,000 of these people die of the injuries they sustain as a result.

Most of the deaths are among elderly citizens older than 65, though many others are among children. You need to take every step you can to make sure that all occupants or people on your property are as safe as can be. To do that, you need to identify the major causes of these problems:

• Wet bathtubs without any friction materials

• No slip resistance on walking surfaces

• Slippery surfaces

• Broken, chipped or weak staircases

• Inappropriately positioned objects such as carpets with a slightly open edge or worn carpets that can cause trip hazards

• Poor lighting conditions resulting in poor visibility

• Weak hand or guard rails

Now that you can identify the problems, you’ll to nip them in the bud. The following are effective measures aimed at preventing or minimizing any accidents on your property:

Install High Traction Slip Resistant Materials

One of the major causes of slips and falls is slippery floors. The best way to prevent this is to install floor materials that have a good grip and considerable friction. The best options would be to install flooring materials with abrasive textures, as they are safer to walk on even while wet.

Provide Cleaners with Appropriate Cleaning Materials

Some cleaning materials are bound to make the floors more slippery. Always make sure to have the floors cleaned with the proper cleaning materials. You might even want to consult the National Floor Safety Institute for more information.

Inspect Carpets Frequently

As a rule, you should have carpet runners and mats installed and frequently checked for possible tears or displacement that could cause trips and falls.

Always Provide Good Lighting

This is particularly important around publicly used walkways, corridors, patios, verandas, bathrooms, porch areas, swimming pools and other areas that are frequently trafficked. Good lighting provides good visibility which, in turn, lessens the chances of trips and slips.

Train Staff and Members of the Household in Spill Prevention

Staff and members of the household are incredibly important in ensuring safety on a given property. Anyone who sees a spill should know to clean it up, and how.

Install abrasive mats and absorbent carpets so they don’t track water from the outside during the raining and wintry seasons. These will help both prevent any slips and serve the function of absorbing water from people’s boots or shoes.

Fix All Stairways and Rails

This should be done speedily as falls resulting from trips on staircases can be quite serious and grounds for a lawsuit — make sure that handrails are firmly fixed and not wobbly.

Chipped staircases should be attended to and fixed immediately as even a seemingly minor issue can result in falls and broken bones.

Safety is important and necessary in all buildings and properties. If you are negligent about any and all of these things, this opens you up to lawsuits and court cases. If you have suffered slips, trips, and falls or have, yourself, been injured on other people’s property and need help, get in touch with a seasoned personal injury attorney like David Heil in Melbourne to make sure that you understand your legal rights.

Oscar King is a freelance writer and professional student who offers insights and advice into legal and business concerns.

Debt Recovery

Debt Recovery involves getting money back from another source because that money is owed to the Plaintiff. Debt recovery lawyers use complicated computer programs in order to determine how much money the person owes. Claims are processed through the computer and are used worldwide to arrive at monetary decisions based on debt recovery. Those things important in finding out whether or not there is a claim include letters before action, enforcement of judgment, court proceedings, winding up limited companies, tracing debtors, statutory demands, personal insolvency agreements and other debt agreements.

Debt collection attorneys work with personal bankruptcy. They generally recognize that personal bankruptcy is to be a last resort because the creditor will more easily be paid off if the bankruptcy does not happen. The assets are liquidated by the court system and these liquidated items are fairly shared with the creditors. Sometimes it is money that the creditors get. Other times it is large items such as automobiles, boats or planes. Usually the sum total of the liquidated items do not exceed the amount owed so the creditors get underpaid by the person undergoing bankruptcy.

In addition, there is a lot of money spend on the Plaintiff (creditors) in order to manage their legal actions, including going to court and asking for liquidated items. An application for bankruptcy can be filled out by the creditor to try and get more money from the person declaring bankruptcy. This often doesn’t work and the Plaintiff (creditor) usually has no more money to give to any creditor due to extreme poverty. If an order is granted, a trustee in bankruptcy is ordered by the court to distribute all possible assets the debtor must have. In general, an insufficient amount of money owed is given out to the creditors. The trustee in bankruptcy also gets paid for their services.

The order of payment of lost funds are, in order, the liquidators or trustee’s costs, any taxes, GST, any type of government contributions, occupational pension amounts, wages in arrears, any secured creditors and any unsecured creditors. They are paid out in order until the money and other liquidated items are gone.

There is a reasonable alternative to bankruptcy that may be favorable to everyone involved. These are Debt Agreements and Personal Insolvency Agreements. One uses a debt collection attorney who recommends specific debt agreements and personal insolvency agreements. This helps to make it so that more money goes to the creditor than happens in a bankruptcy. This is best done when the debtor cannot completely pay the debt but can pay part of the money. There will be a reduced monthly payment due but the full blown cost of a bankruptcy is not a problem. The money is paid out over a series of months but at some point, the payments quit, even if the entire sum has not been paid to the creditors.

In some cases, the debtor is so poor that he or she can pay nothing to the creditors. This is called a Chapter 7 Bankruptcy.

Debt Collection Lawyer

A debt collection lawyer should work quickly and with no delay. The lawyer should know the tricks of the trade necessary to get summary judgment followed by effective enforcement. If a defendant has disappeared, a lawyer should hire a private detective so that the person can be found. Debt enforcement is a complex process and not every technique is used to collect each type of debt. A good debt collection attorney understands the types of techniques which can be used. These include seizing the debtor’s belongings and selling them at auction. You can also bankrupt the debtor and get what money is available after that time. You can also wind up the debtor’s company and provide for the attendance of the debtor at a public examination. Wages can be garnished from the debtor’s job. You can also do a registration of a caveat of the debtor’s land.

Often such a task requires a multidisciplinary team that works well together with a great deal of integrity and flexibility. Hire a team that has worked together for a long time but is not anticipating any upcoming changes to their team. Hire a team, too, that has good leadership and that has had many successes behind them. For More Detail Visit: Employment Law Solicitor Compensation Claims

 

How Knowing Your Workers’ Rights Can Help Your Career

 

In today’s highly competitive labor market, knowing your job and your industry are no longer enough. If you want to succeed and move ahead in your career, you also need to know – and protect – your rights.

There are laws on the books to protect the rights of workers, including workers who are injured on the job and applicants who are the victims of age discrimination and discrimination based on race and other factors. Understanding what your rights are, and taking steps to protect them, can help you through every stage of your working life.

Whether you are just getting started in your career, returning to the workplace after taking time off to raise your kids, or dealing with a discrimination lawsuit, it is important to seek the help of an expert. The best expert employment law firms in St. Louis MO and elsewhere work hard to protect the rights of workers in all segments of the workplace. Whether you are a blue collar worker, a white collar employee or someplace in between, the right employment law firm can give you the knowledge you need to understand your rights and the expertise needed to protect those rights.

Understand Your Rights if You Are Injured on the Job

There are strict laws in place to address workplace safety and prevent accidents, but workplace injuries still happen every single day. If you are the victim of such an injury, it is important to contact an attorney right away.

Your employer may pressure you to sign documents when you are injured, but doing so could compromise your right to receive just compensation. Speaking to a lawyer before signing is the best way to preserve your rights and is get the settlement you deserve.

Get the Promotion You Deserve

If you are vying for a promotion, you probably have plenty of competition from both current colleagues and outside applicants. It is important to understand your rights and how they apply to the promotion you are seeking.

The law may not give you a right to the new position you are seeking, but there are laws on the books to prevent discrimination and protect you from retaliation. Understanding these protections can give you added confidence as you compete for that next promotion.

Protect Yourself from Job Discrimination

There are strict laws on the books to protect job applicants and current workers from discrimination, but sometimes employers misinterpret those protections. For instance, interviewers are not permitted to ask applicants their age, but many ask questions designed to ferret out this information.

If you feel you have suffered job discrimination, it is important to contact an attorney who specializes in employment law. The attorney you work with can help you understand your rights and give you tips on proving your discrimination claim and getting the job you deserve.

Deep Vein Thrombosis and Pulmonary Embolism

There are two interrelated conditions of blood clotting that can cause serious disability and ultimately death in those who are untreated. These conditions include that of deep vein thrombosis and pulmonary embolism.

A deep vein thrombosis or DVT starts usually in the deep veins near the ankle. The blood begins to clot and blood flow to the deep veins diminishes or stops altogether. The clot usually grows in an upward direction, often reaching the knee. A few deep vein thromboses travel as high as the pelvic and abdominal region. These higher DVTs are especially dangerous.

So what conditions must be met before a DVT can occur? Usually the blood flow in the deep veins must be already slow. For example, if you sit for a long time with your legs dependent and do not move them around, the blood flow slows considerably. Dehydration is also a factor. When you don’t have enough water, the blood is thickened and sluggish. Lastly, the person may have a reason to have their blood be hypercoagulable. Some people are born with a genetic defect that makes their blood clot too much and certain medications can increase the ability to clot.

Those at highest risk for a DVT are patients who recently had surgery, particularly surgery to the pelvis, back and lower legs. These people lie bedridden for an extended period of time and don’t move much. Normal people who must travel long distances on a plane, bus, train or car are at risk for getting a DVT. There’s a condition called “economy class syndrome” which refers to getting DVTs while flying economy class on a plane because riders have little chance to get up and stretch their legs, thus improving blood flow. People who have cancer, take birth control pills, take estrogen replacement therapy, are elderly, obese or are pregnant have an even greater risk of developing a DVT.

Some people can have a DVT and have no symptoms. Most people, however, will experience pain in the backside of the calf, redness or duskiness of the affected calf and an increase in the circumference of the affected leg when measured against the other leg.   This is from fluid retention in the leg. The doctor can see these findings and can check a Homan’s sign test, which is a test where the doctor tips the ankle upward (a procedure called dorsiflexion) and, if there is a DVT, the patient will experience increased pain in the back of the calf.

If all signs point to DVT, the doctor may order a d-dimer blood study. This is a special test that measures the products of the clotting process and, if positive, indicates that clotting is happening. Then the doctor can go ahead and do an imaging study. One imaging study is the Doppler ultrasound of the lower legs. This test measures blood flow in the upper and lower legs. Another imaging study that is less popular because it is more invasive is the deep vein venogram. It uses dye and x-ray studies to easily outline the contours of the deep veins.

If the tests are positive for DVT, the doctor has a number of options. He or she can start TPA or tissue plasminogen activator—a medication that chews up blood clots. This treatment is reserve for serious or dangerous cases of DVT.

The other treatment for DVT is to give the patient intravenous heparin and oral Coumadin. Both of these medications are blood thinners. They thin the blood so that the natural processes can go ahead and dissolve the clot. Finally, the doctor can put in what’s called a “vena cava filter” which is placed in the vena cava to prevent blood clots from breaking off and travelling to more critical areas of the body.

A blood clot from a DVT that breaks off and goes to the lungs is called a pulmonary embolism or PE. About three percent of all cases of DVT go on to develop a PE that ultimately becomes fatal. A PE can be very large and can settle at the openings of both lung arteries. When this happens, the person can suffer from sudden cardiac death within seconds. Smaller clots give the patient signs and symptoms that include chest pain that becomes more prominent on deep inspiration, shortness of breath, anxiety and perhaps a blue tinge to the lips and nail beds Rhinoplasty Medical Negligence.

The doctor can evaluate a PE by noting whether or not the oxygen level in the blood is low. The oxygen level in the blood is low because the clot has blocked the blood flow. The doctor may be able to hear a unique breath sound when the patient breathes, known as a “friction rub”. The doctor can, similar to a DVT, check a d-dimer test to see if the body is clotting too much.

Imaging studies to prove or disprove a PE include doing a CT scan of the lungs with IV contrast. This kind of test must be done because a plain x-ray of the chest will not show anything. An MRI exam of the chest will also show a PE but, because MRI scanners are usually not readily available, this test is not done as often.

If the doctor finds a DVT, this is considered a Rhinoplasty Medical Negligence emergency because the patient could easily get another clot and die. If the patient is at risk of imminent death, the doctor can begin using TPA in order to break up the clots quickly. A surgeon can go in and remove a big clot in a procedure called a pulmonary embolectomy. Less serious cases of PE are treated similar to a DVT. The patient is give IV heparin and oral Coumadin. When the Coumadin has reached a therapeutic level and can thin the blood on its own, the heparin is stopped.

If the patient is having no breathing problems and appears well on Coumadin, he or she can go home. Most people go on Coumadin for around three months but those who have reason to believe they might clot again can stay on Coumadin indefinitely. For More Info http://www.lovejoysolicitors.co.uk/

The Proficient Litigator – Ann Shirley Sheeley

Ann Shirley Sheeley, a proficient litigator, attended State University of New York at Albany and Pace University School of Law located in White Plains. She has practiced in personal injury law, workers compensation and criminal defense. She has been professionally associated with membership of Rhode Island Association for Justice in 2013, Rhode Island Association of Criminal Defense Lawyers from 2010 to 2013, Association of Trial Lawyers of America from 2002 to 2013, National Association of Professional Woman, Member from 2010 to 2013, Newport Chamber of Commerce from 2010 to 2013, Rhode Island Bar Association and Massachusetts Bar Association.

While counting the characteristics – you will encounter several. Her legitimacy towards her practice is apparent by her contribution to manifold cases. The cases where she has earned major applaud. And the secret behind this are her hard efforts which constrain her to work efficiently hence, deliver the stupendous outcome. She has been eternally associated with the law holding the experience of like 22 years. This time span is enough for anyone to get completely mature and face any type of the situation. When she is in the courtroom, she acts foxy with the vigilant defenses. This can be compute by her numerous victories. She has been dedicative to the client and her elucidation in the beginning of the case, completely pulls the case in her favor.

Ann Shirley Sheeley, the leading lady behind Sheeley Law has also been employee in the law offices of Robert T. Karns, based in Middletown and Providence, Rhode Island. With her prolonged experience, Sheeley gained profound expertise in civil proceedings, specially with handling pleadings and making appearances for motion and trial cases. She has been appointed to the positions like Law Offices of Thomas Sparks, Managing Attorney from 2003 to 2010, Law Offices of Donald E. Green, Associate Attorney from 2001 to 2003. Even today she continues to win accolades for her litigation work. She has been associated with the Big sister – Big Brothers/Big Sisters of the Ocean State, from 2010 to 2013 and also the St. Mary’s Episcopal Church.

It does not matter what is the nature of the case or how deep you are in water in your case, she provides the eternal support to the client that keeps the client mentally and physically active. There is no threat of any decay. An advocate like her gives the victim the feeling that he or she is in the safe hands. Ann Shirley Sheeley of Sheeley Law has reached the pinnacle of her success with the various achievement she has earned in her life. She has almost reached the zenith and this becomes clear by taking a tour to her profile where she has been constantly scoring the best in her cases. What makes her more special is the treatment with the client. She gets more friendly with the client getting emotionally connected with him which helps her case in the court. This compels her to work more efficiently towards the case so as to rescue him.

Your Essential Guide to Making a Successful Vehicular Accident Injury Claim

Road traffic accidents have become increasingly common nowadays, be it due to negligence or inattention or a host of other factors. The fact is, if you are the driver of a vehicle, it is your responsibility to drive safely and carefully, and if you have other passengers in your vehicle, you are responsible for their safety as well. But what if you have been involved in a road traffic accident and have become the victim of injury whilst also having to contend with damages to your vehicle? The driver of the other vehicle that caused your accident should then be compelled to provide you with the compensation you rightfully require.

Common injuries in car or road traffic accidents

There is a whole range of physical injuries you can suffer from a car or vehicular accident. But some injuries are more common than others, and this includes injuries to the neck, such as whiplash. Other injuries commonly associated with car accidents include injuries to the back or spine, injuries to the internal organs, bone fractures or broken bones, injuries to the head, and injuries to the ribs or chest.

Guest PostIf you have been involved in a car accident that is not your fault and you have suffered an injury, you are also entitled to claim compensation for whatever financial losses and expenses you have incurred, such as repair to your vehicle or the loss of your vehicle, your loss of earnings or income, and emotional or psychological damages as a result of the accident or injury.

What to expect when it comes to compensation

The amount of compensation you receive will depend on the circumstances of the accident as well as on the level or extent of your injury. Just to give you an idea, however: if you suffered from severe whiplash resulting in permanent damage, your compensation can amount to as much as £97,000, even more. On the other hand, if you suffered from a minor whiplash injury which is predicted to heal in a few months, then your compensation can be between £800 and £9,000.

How to have a successful car accident claim

In order to have a successful car accident injury claim, you should rely first and foremost on the guidance of an expert solicitor. With an expert solicitor by your side such as those from http://shireslaw.com, you can do all that needs to be done and be fully aware of what to expect with your claim.

But there are other things you can do on your own as well to help your case. One of these is to acquire as much information and keep a precise record of the details of the car accident as possible, such as the date and time of the accident, the drivers’ contact information, the passengers’ contact information, and the witnesses’ (if any) contact information, as well as the details of each vehicle involved in the accident (this includes the vehicle model, make, registration number, and colour).

Other relevant details include the other driver’s insurance information, the extent of the damage to each vehicle, and the collar number of the police officer who assisted in the accident. You should also make a note of the weather and condition of the light at the time of the accident. Another piece of information to include would be the injuries you have sustained. Once you have all this information, you can present it to your solicitor and, if you have chosen a good solicitor, they will make sure that all these details are used well for a fully successful car accident claim.

 

How the IVA Could Solve your Debt Problems

We search for IVA (Individual Voluntary Arrangement) assistance it’s probably that we are straightforward and that we wish something that solves our financial problems for the long run. It means that our pleasure of life is not hugely disrupted. Compare this through the horrible damage that sequestration and bankruptcy would bring. With a perfect debt management plan all your income and expenses are evaluated and the whole thing is looked in its entirely, therefore quality of life doesn’t in fact change as the level of outstanding amount decreased steadily however quietly over time and over a planned number of months.

Guest Post

All governments try to offer some assistance to individuals who have covered under debt in a variety of ways. There are ways like many personal and corporate voluntary arrangements and to help in the programs of both corporate and individual debt management and to try and reduce what is recognized as a hard time, while IVA assistance is a vital part of the debt management. The purpose is meant to be towards defending resources if possible and as well protecting the assets if the debtors by making use legal measures. This would use both personal assets as much as the properties of companies.

Debt Free With IVA

Generally Individual Voluntary Arrangement programs will generally be drafted to go on for 5 years based on the Individual Voluntary Arrangement assist offered, even though all too frequently this will differ. When this ends the debt said to write off in entire and the debtor free from all financial liabilities visit IVAPROS.CO.UK for best IVA services. Any record of a variety of debts which have been listed corresponding to the borrower’s name and address will be cleaned from the register by power of law.

One of the aspects individuals ask when considering debt management programs is how much the in general debt will be decreased by at the begin of the Individual Voluntary Arrangement. This is the total amount that the IP cut off either at the starting or at the completion of the program’s period. We must think about this when considering IVA assistance and prior to we contract to consequences in long run.

Legal Agreement

Lenders are not enabled to agreement the customer once the Individual Voluntary Arrangement assists comes into force. The lenders may not track the debt, and if they act they will be committing offense and can be penalized greatly, which may mean a penalty or even cancel their license to business if they are amount collector. The customer always has this guarantee in law to stop the telephones calls and wildly letter that these lending companies make use of intimidate and bother their victims.

Plenty of assistance by the government is set up debt relief for people and the industrial sector means that Individual Voluntary Arrangement assist is generally available and as well that the level of capability of extremely good. An IVA assist is extremely useful mechanism and a number of individuals would jump at the opportunity of taking out.

 

Domestic Violence and Visitation Rights

Domestic violence occurs more than 960,000 times per year, according to data that was collected by the Statistic Brain Research Institute. It includes a series of emotionally and physically disturbing acts that a person commits for power and control. Some of the most common forms of domestic violence are punching, hitting, biting, choking and burning. Other domestic violence acts include stalking, harassment and verbal abuse. A domestic violence case usually involves people who live in the same home. However, it may also involve persons who have a child together. A victim can obtain a restraining order on the other parent if he or she conducts one of the above mentioned violations.

Getting a Restraining Order

A domestic violence victim can get a restraining order in one of two ways. One way to get a restraining order is by contacting the local police department. The local police department will take the information and request any evidence that the individual may have. The evidence may include physical bruises, recorded phone calls, text messages or something else. The police officer will call a judge and ask to put a restraining order in place. The other way that a person can receive a restraining order is by contacting the county court and applying for one there.

Permanent vs. Temporary Restraining Order

Two types of restraining orders exist: permanent and temporary. The first restraining order that a victim receives is a temporary restraining order. A temporary restraining order usually lasts between 21 and 30 days. The judge sets a date when he or she issues the temporary restraining order, and the victim and offender must come to a hearing to decide whether the temporary restraining order becomes a final order.

Custody and Domestic Violence

Women are the victims of domestic violence in most cases. A restraining order can affect custody and visitation for the parents of a minor child. A woman can receive temporary or permanent custody of any children who are involved in a domestic violence case. Visitation may not be granted to the offender. The person may receive visitation if the abuse was verbal or emotional, but chances are slim if the abuse is physical.

A family law firm such as Amamgbo & Associates can assist with either person involved in a domestic violence case. The attorney can help a victim to receive a final restraining order, or the attorney can help a defender to stay out of jail. A person can schedule a consultation by calling the number of a reliable law firm today.