Manhattan Beach Divorce

The ongoing familial conflict between Anthony Weiner and his wife Huma Abedin has been a recurring news story for several years now. Often, it seemed like it was resolved before a new piece of evidence popped up, reigniting the drama once again. Now, though, it seems like that may finally be coming towards an end. After Weiner’s latest sexting scandal, Huma Abedin has finally filed for divorce, and Weiner is facing possible jail time. The controversy has been more important as it may seem at first glance- some people think that resurgence of it during the 2016 election was one of the blows that sunk Hillary Clinton’s campaign. But now, we’re finally going to get a conclusion.

According to this article in the New York Post, the family initially filed to have the divorce held in secret, with their names stricken from the record of the case documents. Huma said that she wanted to keep the case secret in order to spare their child from any possible distress. But the judge wasn’t so sure that it would held. He said that because the case was already such a public one, taking names from the record would have little impact on the visibility of it. As such, the case will proceed as normal.

Huma isn’t unjustified in her concerns though. Even “regular” divorces can have quite an impact on a child, particularly a young one. They may not understand entirely what’s going on and feel lost, confused, or abandoned by their parents. When the case is as public and tumultuous as one like this, things can be even worse. The events will come under much more intense scrutiny. Everyone the child meets will know about and have an opinion on the state of their parents’ marriage. An environment like that, filled with constant negative messages, feeling like one of the key foundations of their life is being dissolved, can be terrible for a child. The desire by the parents to protect their kids from these feelings is a natural one. Unfortunately, it’s often not that simple.

Of course, not all divorces are equal. These Manhattan divorce lawyers talk about some of the many different types of divorces, and the various paths families have to ensure everything is worked out as smoothly as possible. Contested divorces, in which couples cannot resolve their priorities in the divorce without the help of a court, can be some of the most stressful for a child. But mediated and collaborative divorces, in which couples either work with an attorney or with a mediator outside of court in order to come to a mutually beneficial agreement, can be much less stressful on the family.

Not every divorce is going to be as tumultuous as that of Weiner and Abedin. But not matter the context, it will almost always be one of the most stressful and difficult times in people’s lives. For the sake of their children and their own happiness, it’s important for couples going through it to understand their options and pick the one best for them.

BAC Level Readings based on Bottles of Beer Consumed

BAC Level Readings based on Bottles of Beer Consumed

Americans love to drink and drive – this is embedded in the nation’s culture. Proof and the reason behind this is shown by Barron H. Lerner, MD, PhD in his book, titled, “One for the Road.” This is the reason why many Americans still drive while under the influence, despite the risk of a DUI or DWI charge that is punished by heavy fines and imprisonment.

Driving under the influence (DUI) or driving while intoxicated (DWI), however, is a serious traffic offense, whether the charge is a misdemeanor (for first time offenders and without causing any property damage or physical injury) or a felony (imputed on repeat offenders, or first time offenders whose blood alcohol concentration (BAC) level is way above the 0.08% limit, for those with a child passenger or who injures/kills someone in an accident) .

Based on a blood alcohol concentration measurement chart released by the Centers for Disease Control and Prevention (CDC), the following number of beer bottles would result to the following BAC level (This measurement caters to a 160-pound man who would consume the indicated number of bottles of beer within one hour. Since individuals have different tolerance levels to alcohol, however, there are those who would already experience slower reflexes even after just two bottles):

  • 2 bottles of beer = 0.02% BAC
  • 3 bottles of beer = 0.05% BAC
  • 4 bottles of beer = 0.08% BAC – the BAC limit in all US states
  • 5 bottles of beer = 0.10% BAC
  • 7 bottles of beer = 0.15% BAC

Based on CDC records, more than 1.4 million drivers were arrested in 2010 due to driving under the influence of alcohol or illegal drugs; the number of deaths due to alcohol- impairment was 10,322 in 2012 and 10,076 in 2013.

For many Americans, a few bottles of beer with friends or colleagues or a shot of 80-proof liquor (vodka, gin, whiskey, rum), especially during weekends or holidays would definitely not hurt; rightly so, but only if they do not drive afterwards.

It is true that majority of those who are charged with DUI are first offenders who never even suppose that the amount of alcohol they consume will impair their driving ability and lead them into an accident that may injure someone and damage properties.

According to a West Columbia DUI attorney, however, “A DWI/DUI can be deemed a felony-level crime for many reasons, especially in South Carolina. If anyone is seriously injured due to the accident, it is almost automatically considered a felony. Any child passenger involved in a drunk driving accident also greatly increases the likelihood of being charged with a felony DUI. Furthermore, a third DUI offense is automatically deemed a felony-level crime. A felony elevates the range of punishments for a crime, so establishing a strong defense to preserve your freedom becomes all the more important.

The courts already do not take DUI cases lightly, and when a child is involved, the stakes are drastically increased. All drunk driving cases involving children are subject to additional fines and jail time, and these additional penalties are mandatory if convicted for the original offense. Even if you are not convicted of the DUI, a mandatory 60-day license suspension might be imposed. In some states, a child is said to be anyone who is under the age of 16. An attorney may be able to help you reduce or completely avoid these additional DUI penalties.”

Different Kinds of Nursing Home Abuse

Putting a family member in a nursing home can be one of the most emotional moments in life, but at least we know that our loved one is in good hands. There is a friendly medical staff that has the capacity to take care of our loved one, and there is sufficient facilities for their medical needs. But not all those in nursing homes are having comfortable lives. Some of them suffer from different kinds of abuses. What makes it worse is the fact that most of the time they do not have the capability to defend themselves, or even the capacity to communicate their situation. As someone who is not physically limited, you have the responsibility to make sure that your loved one is in a safe environment. Physical abuse This kind of abuse is the easiest to see, because most of the time there is physical evidence, like wounds. Physical abuse is mostly done by the medical staff and other patients. Some of the most common signs of physical abuse include unexplained wounds, bruises, or any kind of injury. If your loved one has clothes that are torn or bloody, he or she may also be a victim of physical abuse. Sexual abuse Believe it or not, even the elderly population is vulnerable to sexual abuse. If your loved one suddenly has difficulty in standing, walking, or sitting, unexplained injuries especially in the pelvic area, or unwarranted sexually transmitted diseases, he or she may be suffering from sexual abuse. Emotional and psychological abuse The different kind of abuses can have negative effects on the emotional and psychological state of your loved one. If you notice that your loved one is acting differently than usual, having anxiety attacks, or suddenly withdrawing from social interaction, he or she may be experiencing some kind of abuse in the nursing home. Negligence Sometimes, the abuse takes on a form that does not directly cause harm to your loved one, like negligence. If your loved one is experiencing negligence, he or she may look malnourished, dehydrated, or unhygienic. But you don’t want to get involved with legal matters, especially because of their money and time costs. So the best option is still to avoid nursing home abuse. If you see the signs stated above, start being suspicious and be vigilant. After all, we are talking about the safety of a loved one.

Sexual Abuse in Nursing Homes

More than a million elders in the United States, upon reaching the age of 60, grow weak due to chronic fatigue, illness, or gradual loss of muscle strength, which is a result of aging and/or inactive lifestyle. This weakness often necessitates physical assistance even in the performance of the most ordinary daily chores, such as eating, bathing, toileting and dressing.

When work renders family members incapable of looking after their elders on a full-time basis, though, families turn to nursing homes where they know their loved ones will be provided the time, attention and quality care they have come to need.

In 2013, about 16,000 registered nursing homes in the U.S. gave shelter and provided care for more than 3 million residents: these are people who were victims of accidents are required rehabilitation and therapy; young adults suffering from mental or physical disability; and seniors, those aged 65 and above. Majority of the residents, besides needing assistance in their daily needs, also required medical attention.

Provision of quality care that skilled nursing facilities advertise and boast of id far from reality, though, as may probably be proven by all the alarming news of abuses committed against residents. These abuses are committed by home staff, nurses or co-residents, while types of abuse include financial, physical, mental, emotional or sexual.

Among the different types of abuse, sexual is considered to be the most wicked and degrading, yet the least reported due to the humiliation that victims experience. This abuse is committed through various ways, including fondling, forced nudity, showing of pornographic materials, forcing another resident to kiss or touch the victim and forced penetrative acts or rape. Rather than complain about their unpleasant and humiliating experience, however, many residents rather choose to remain silent in fear of being suspected of suffering from dementia (memory disorder or impaired reasoning). Any unexplained scar/s and the victim’s over-sensitivity to touch can be indications of sexual abuse, though, which authorities and family members should be observant of.

A family member sexually abused in a nursing home can result to some individuals blaming themselves for the suffering of their loved one. This is not their fault or their loved one’s fault, though. Sexual abuse is the work of depraved individuals who need to be held accountable for their grievous misdeeds.

Time Limits And “Discovery” Rule In Wrongful Death Explained

Death is an inevitable fact of life. Sooner or later, when our time comes, we will die and leave our loved ones behind. However, when the death becomes so sudden and the surviving family members are not yet ready for such situation, the surviving heirs can file for a wrongful death lawsuit against the responsible party. According to the website of Williams Kherkher, coping with the sudden death of their family member can be difficult for those left behind.

When the remaining family members decide to push for a wrongful death claim, they need to remember that filing the case is governed by a statute of limitations. Depending on the state where the case was filed, the family of the plaintiff should file the case within the time limit or else they lose their right to sue. In some states, the statute of limitation is one year. In others, the time limit is two or three years.

So when does the time limit commence? The answer to this question is governed by the so-called “discovery” rule. According to this principle, the time limit for filing a wrongful death claim begins when the family of the plaintiff discovers the cause of death of their loved one. In other states, the statute of limitation can be applied at the actual death of the plaintiff.

However, if the statute of limitation has expired, the surviving family members can still file a wrongful suit claim by extending it using three options: 1) tolling the statute of limitation; 2) having it waived by the court; and 3) having it waived by the opposing party. The first option is quite common because the discovery rule is already extending the application of the statute of limitations. On the other hand, the opposing party waiving the time limit is unlikely to be met in a favorable manner.

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