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- Trusts & Estate Planning | Fiffik Law Group, PC
Fiffik Law Group, PC has the experienced Estate Planning attorneys necessary to effectively handle your wills, trusts, probate administration, and powers of attorney matters. We offer free resources to get your Wills and other Estate Planning matters handled today. Estate & Trust Planning Get Your Estate Plan Started Today Fill out our online questionnaire. Once it's submitted, one of our estate planning attorneys will contact you for next steps. GET STARTED Wills Learn More Trusts Learn More Power of Attorney Learn More Digital Estate Planning Learn More Estate planning is the process of designating who will receive your assets and handle your responsibilities after your death or incapacitation. One goal is to ensure beneficiaries receive assets in a way that minimizes estate tax, gift tax, and other taxes. Estate planning can help establish a platform you can fine-tune as your personal and financial situations change. The key question to ask yourself is: How do you want to take care of your loved ones after you're gone? Estate Planning Experience Believe it or not, you have an estate. In fact, nearly everyone does. Your estate consists of everything you own: your car, home, other real estate, checking and savings accounts, investments, furniture, and personal possessions. No matter how large or how modest, everyone has an estate and something in common - you cannot take it with you when you're gone. When that happens, you're going to want to control how those things are given to the people or organizations you care most about. To ensure your wishes are carried out as intended, you need to provide instructions for your assets with, typically, the least amount paid in taxes and fees. People put off estate planning because they think they do not own enough, they are not old enough, or they think the process will be costly and confusing. Then when something happens to them, their families have to pick up the pieces. So don't wait - you can put something in place today and change it later. Just knowing you have a properly prepared plan in place - one that contains your instructions and will protect your family - will give you and your family peace of mind. If you're considering starting or changing any type of estate plan, contacting our experienced attorneys is the right place to start. Get Your Estate Plan Started Today Fill out our online questionnaire. Once it's submitted, one of our estate planning attorneys will contact you for next steps. COMPLETE ESTATE PLANNING QUESTIONNAIRE A Written Funeral Plan: Your Last Chance to Call the Shots (and Save Your Family a Headache) Fiffik Law Group, PC 4 days ago 3 min read Estate Planning Can’t Wait Until You Have Children Fiffik Law Group, PC Oct 17 3 min read Using Trusts to Keep Your Savings in the Family and Away from the In-laws Fiffik Law Group, PC Sep 15 3 min read Estate Planning for Women Over 50: How to Secure Your Family's Future & Prevent Disputes Fiffik Law Group, PC Aug 18 3 min read Understanding Probate in Pennsylvania: Your Top Questions Answered Fiffik Law Group, PC Aug 18 3 min read
- Nursing Home Neglect | Fiffik Law Group, PC
Nursing Home Neglect The nursing home abuse lawyers at Fiffik Law Group strive to keep the elder community as safe as possible. Our firm takes pride in assisting any families whose parents or grandparents have been neglected in nursing homes. How to Spot Nursing Home Neglect Neglect can come in many forms. Here are a few troubling examples of how nursing homes can neglect those they should be caring for: Neglect of Basic Needs Though it may seem unthinkable that a nursing home would neglect the most basic needs of their patients, it happens all the time. It is sadly common for those in a nursing home to suffer from malnutrition and dehydration. Look for signs that your loved one doesn’t have basic needs (such as water and food). These signs could include weight loss, confusion, or sunken eyes. Neglect of Personal Hygiene For the elderly, daily hygiene without help can be challenging. Nursing home neglect victims may not be getting help with basic hygiene needs, like fresh clothes or help with teeth brushing. If you noticed your loved one in a nursing home doesn’t seem to be up to his or her usual standards for cleanliness, it may signal that the staff isn’t helping them with bathing, grooming, or basic hygiene. Emotional Neglect The signs of neglect are often the signs of aging (weight loss, confusion, or trouble with balance), so identifying neglect is difficult. Perhaps the most challenging of all neglects to spot, however, is emotional neglect. There are no physical signs that your loved one is being emotionally neglected, but to someone who is lonely, it can be as bad as any other form of abuse. When staff aren’t kind or friendly to those in the nursing home or they ignore their patients completely, it is a form of neglect. Medical Neglect Most people place their loved one in a nursing home in order for them to receive proper care – both daily care and medical care. Unfortunately, some nursing homes neglect the medical needs of the elderly. Some signs of medical neglect include bed sores. Bed sores are basically wounds from pressure – the pressure of sitting or lying in one position too long. Other signs of medical neglect include untreated cuts and failure to provide necessary medications. Common Injuries in Nursing Home Neglect Cases Nursing home neglect can lead to significant physical, emotional, and sexual injuries to residents, as well as wrongful death. Many common injuries are powerful evidence of nursing home neglect. Bed sores, also known as pressure ulcers Overmedication and overdose Malnourishment and dehydration Infections Dosage and medication errors Injuries from sexual abuse Broken bones and fractures Hip fractures Improper wound aftercare Sepsis and cellulitis Seizures Coma Cardiac arrest Mental health conditions such as depression, anxiety, and PTSD The Importance of Communication and Regular Visits Sadly, nursing home staff are less likely to abuse those whose loved ones visit regularly. The elderly are often unable to say outright that the nursing home is neglecting their basic needs. Patients may fear that the neglect may turn to abuse if they speak out. Afraid and unable to clearly explain what is happening, the abused person may think that they have no options. Protect your loved one from nursing home neglect by having regular interactions with them. Though they may not be able to explain neglect, when a loved one communicates regularly, he or she may be abler to see irregularities that aren’t simply signs of age. If you have a loved one in a nursing home, be diligent about the abuse or neglect that may be happening to those who only have staff members to rely on. Two Main Types of Claims Against a Nursing Home for Neglect Personal Injury Lawsuit Negligence, abuse, or neglect led to the nursing home resident’s injuries. Wrongful Death lawsuit The nursing home’s actions cause the elderly person’s death. Your loved one will need to file the lawsuit themselves unless they sign a power of attorney that allows you or another trusted individual to file the lawsuit on your loved one’s behalf. Your loved one will need to be of sound mind when he or she signs this document, so if your loved one has dementia or Alzheimer’s, this may pose an additional issue. If you cannot obtain a power of attorney document, you can obtain guardianship for your loved one. You will need to obtain this status through a court order. You will need to pay additional fees and attend more court appointments prior to obtaining guardianship. Monetary Damages Available for Nusing Home Neglect Victims You can recover multiple forms of damages in nursing home neglect lawsuits. Medical expenses, including medication, surgeries, hospitalization, and therapy Funeral and burial expenses Pain and suffering Mental anguish Loss of quality of life Disability Punitive damages for especially negligent cases
- Theft Charges | Fiffik Law Group, PC
The experienced Criminal Defense attorneys at Fiffik Law Group, PC are ready to walk you through your rights and possible penalties you may face if you have been charged with theft, fraud, robbery, stealing, or burglary in Pennsylvania. Theft Charges The type of theft offense a person is charged with and the severity of the penalties associated with the crime depends upon the value of the goods or services taken, and whether or not the defendant has any prior theft convictions. A Pennsylvania theft attorney can help determine the best defense strategy that fits the specifics of their client’s charge, whether it be a felony or misdemeanor, and the circumstances surrounding it. Types of Offenses MISDEMEANOR THEFT In Pennsylvania, theft can be charged as a misdemeanor or a felony. Shoplifting is a type of theft charge. While a misdemeanor charge is less serious than a felony, it shouldn’t be taken lightly. There are three possible charges misdemeanor theft charges and each charge carries the possibility of jail time. Misdemeanor 3 Theft – when the value of the stolen goods is less than $50. A conviction of Misdemeanor 3 Shoplifting carries a maximum penalty of up to one year in jail. Misdemeanor 2 Theft – when the value of the stolen goods is over $50. A conviction of Misdemeanor 2 Shoplifting can result in up to three years in jail. Misdemeanor 1 Theft – when the value of the stolen goods is more than $200. A conviction of Misdemeanor Shoplifting 1 carries a maximum penalty of five years in jail. FELONY THEFT Theft, including shoplifting, is automatically charged as a felony if the items stolen are valued at more than $2,000. You could face up to seven years in jail if convicted of felony shoplifting in Pennsylvania. The charge will also be a felony if a firearm is used during the commission of the crime, regardless of the value of the items stolen. Both a felony and misdemeanor charge will become part of your record. However, a felony is the more serious of the two charges and frequently requires jail time. It can also prevent you from working in some fields. A misdemeanor is more likely to result in alternative sentencing, such as a fine or community service. The final decision of whether you receive jail time for your theft charge depends on several factors. If you have a previous record of theft or shoplifting, you are more likely to receive jail time. On the other hand, if this is your first conviction, you may be fortunate enough to receive probation or community service. RECEIVING STOLEN PROPERTY Typically, when charged with theft by unlawful taking, you will likewise be charged with receiving stolen property. If you keep property that you know is stolen, you are considered guilty of receiving stolen property according to Pennsylvania law. The District Attorney will try to get you to plead guilty to both of these charges. FALSE WORKPLACE ACCUSATIONS Many workers are accused of criminal actions at work by employers, clients, or even co-workers. Charges often involve the theft of company goods, money, or time, falsifying time cards, expense reports, embezzlement, and shortages in a cash register. Your job and your reputation are on the line. Theft is the type of conviction that is likely to disqualify you from any future employment. The financial security of you and your family is on the line. A person accused of theft should contact a criminal defense lawyer as soon as they have any indication that they might be charged. The earlier the attorney can get started, the better opportunity they will have to prepare a successful defense. If you are facing a theft charge, it is crucial you work with an experienced Pennsylvania theft attorney who can pursue reduced charges on your behalf and investigate if any theft defenses may apply in your case. Whether you have a history of theft convictions or have never before been charged with a crime, an attorney will look out for your best interest throughout the judicial process.
- Business Disputes & Litigation | Fiffik Law Group, PC
Business partner disputes are among the most frequently filed business dispute lawsuits. Our experienced business law attorneys can help your small business needs. We're in the business of helping your small business achieve success. Business Disputes and Litigation As businesses mature, they face increasingly complex issues, requiring more sophisticated consultation and strategic planning. Some issues you might be facing include: What type of contracts should I have with my customers, clients and vendors? How do I deal with human resource issues, including wage claims and terminating employees? Should I have employment agreements to protect my client lists and other trade secret information? What tax-saving devices should I be using? How should I negotiate a new lease for my business or new equipment? Attorney Experience Our business lawyers help established businesses expand, deal with their growth, and put them in the best place for future growth and success. Our clients operate a wide range of businesses, including: Trucking companies Commercial crane operations Residential and commercial contractors, plumbers, HVAC and other trades Health clubs Consumer and commercial retailers Commercial fire and security systems sales Restaurants and bars Pediatric therapists Chiropractic clinics Flight school Accounting practices Early intervention child care coordination Visiting nurse providers Security companies Our lawyers have provided a wide array of services to our established business clients, including: Client and vendor contracts Promissory notes, loan and collateral agreements Guarantee agreements Escrow agreements Employment contracts, non-compete agreements and other employee agreements Consulting and agency agreements Management agreements Preferred stock and subscription agreements Non-disclosure agreements License agreements Commercial leases Representative Cases Investors in commercial real estate development with HUD financing and historic tax credits Limited partnership negotiating a commercial foreclosure workout, resulting in positive cash flow Resolutions for shareholder disputes in various industries, including real estate, healthcare, and restaurants B2B provider acquiring intellectual property, including trademarks and service agreements Business owner navigating a wage and hour audit, reducing wage, interest, and penalty assessments
- Buying & Selling a Business | Fiffik Law Group, PC
For some business owners, buying a business is much more practical than starting a business venture from the start-up phase. On the other hand, if you're thinking about selling your business, there are many complicated processes that you might need an experienced business law attorney for. Buying & Selling Business If you are considering buying or selling a business, our attorneys will be able to assist you through the whole process. Buying or selling a business can be scary... maybe even a new experience. Our attorneys at Fiffik Law Group, PC will allow you to start this exciting chapter with ease by helping you buy/sell your business. The buying and selling process can be complex and involves many questions. How do you value the business? How do you market it? How do you negotiate with a potential buyer or seller? What are the tax consequences? What steps do you take to close the deal? These are just a few of the issues that must be addressed. All too frequently a business owner or buyer travels partway down the acquisition road without involving professionals with the result, at worst, of creating major problems and, at best, depriving themselves of the substantial benefits of preliminary professional analysis and planning. Our business lawyers have facilitated the purchases and sale of many businesses. Our attorneys can help you with all of the issues that arise during the process, including: Organization of the professional team Decisions to buy or sell Preliminary planning on how to structure the acquisition Obtaining financing for a purchase Preliminary discussions with transaction partners Preparing and executing letters of intent Negotiating, drafting and executing purchase agreements Conducting a due diligence review of the relevant company information Document preparation Closing Post-closing clean up Representative Cases Facilitated the marketing and sale of Johnstown area local pharmacy to national retailer pharmacy chain Assisted physician buyout of center-city Philadelphia medical practice with multiple locations Negotiated the formation of a joint venture and represented the group in the acquisition of a historic downtown Pittsburgh office building Completed sale of longtime Pittsburgh restaurant included with co-branding arrangement between parties who both continue to operate under the same valuable brand Counseled clients through the sale of a crane business and associated real estate that included various post-closing executory contracts Advised clients in several transactions involving the purchase or sale of national franchises including Subway, Sportsclips, Snap-On, Quaker Steak & Lube, Snap-Fitness, 9Round, Contours Express, Curves, Pizza Outlet, and UPS Stores Negotiated buy-out of partners in commercial trucking and warehouse business - assisted the same client in eventual sale of the business Facilitated the sale of three funeral homes following a litigation settlement, including assets and real estate
- Real Estate | Fiffik Law Group, PC
Our experienced Pennsylvania real estate attorneys represent individuals and businesses in a variety of real estate advice and litigation including real estate closings, boundary and land disputes, and other real estate issues. Real Estate Real Estate Experience Whether you are buying or selling real estate, have landlord and tenant concerns, or have a boundary dispute, having a lawyer in your corner is critical to the success of any real estate law issue. We handle over 2,500 real estate matters annually. With more than 25 years of experience handling real estate closings and litigation, our experienced real estate lawyers know what it takes to ensure that your rights are protected. From our headquarters in Pittsburgh and our network of affiliated offices throughout Pennsylvania, we assist Pennsylvania clients with all real estate concerns. Clover Lane Settlement Services is a real estate title agency providing clients with the smoothest closing experience possible. Michael Fiffik, Esquire and Susan Green teamed up to create Clover Lane Settlement Services because after years of working as an approved attorney for various title companies, Michael found that having his own title agency would help eliminate pain points throughout a transaction. With almost 40 years of combined experience in the real estate settlement and property management businesses, Michael and Susan are well adept at achieving clean, seamless transactions, whether they be for $10,000 lots, $20 million corporate deals, or anything else in between. LEARN MORE Residential Real Estate The process of buying property can be complicated. A recent report from the Consumer Financial Protection Bureau describes real estate closings as confusing, stressful, time-pressured, and filled with delays. A settlement agent or title company will be involved in the closing. You have the right to choose who will provide those services. Choosing the right settlement agent is critical to avoiding these common complaints. Take control of the process by allowing one of our experienced real estate attorneys to serve as the settlement agent. How We Can Help Draft and review sales agreements Conduct title searches Assist for sale by owner (FSBO) sellers Prepare deeds Add names to and make changes to deeds Review settlement statements and closing disclosures Serve as a settlement agent or title company for real estate closings Issue title insurance policies Negotiate title and boundary disputes Advise on condo and homeowner association rights and fees Defend foreclosure notices and lawsuits Advise on right of way matters Fences, overhanging tree, and other boundary matters Respond to zoning and municipal citations Prosecute and defend real estate lawsuits Buying a home is exciting, but it can be an extremely complicated process. Click below for a free toolkit from the Consumer Financial Protection Bureau. It's a booklet that can help you make better choices along your path to owning a home. DOWNLOAD HOME TOOLKIT Throughout your home purchase, third parties—such as your real estate attorney and your mortgage lender—have performed services. Closing costs include the fees these professionals (as well as others) charge for these services to finalize the real estate transaction and your home loan. Click below to get an estimate of closing costs on your home purchase. CLOSING COST CALCULATOR Residential Commercial Commercial Real Estate Commercial property makes for quite a significant investment market. Our experience goes beyond residential properties; we help our clients navigate the tricky world of renting, owning, and leasing commercial properties. At Fiffik Law Group, we will help you through the process with ease. Our real estate attorneys have a lot of experience when it comes to buying/selling commercial property. Commercial property is used for non-residential activities such as hotels, office space, retail shops, industrial buildings, public facilities, etc. Similar to residential property, the owner can operate a business from the commercial property they own or lease some or all of the space to tenants. This makes commercial property quite a significant investment market. Our expertise goes beyond residential properties; we help our clients navigate through the tricky world of renting, owning, and leasing commercial properties. Our team of real estate attorneys has been approved by: The First American Title Guaranty Company Fidelity National Title Company Commonwealth Land Title Insurance Company Chicago Title Insurance Company Conestoga Title Insurance Company. What Pennsylvania Homeowners Should Understand About Property Surveys Fiffik Law Group, PC 3 days ago 4 min read Dealing with Noisy Neighbors in Pennsylvania: What You Need to Know Fiffik Law Group, PC Aug 18 5 min read Sending Them Off to College: Legal Prep for Parents (and Students!) Fiffik Law Group, PC Jul 10 6 min read Navigating Uncertainty: Why Tenant Screening is Your New "Investment Portfolio" Fiffik Law Group, PC Jul 10 3 min read Mobile Home Investing: A Keystone to Your Real Estate Empire…Or a Foundation of Sand? Fiffik Law Group, PC Jul 7 3 min read
- Jessica Hosenpud | Fiffik Law Group, PC
Jessica Hosenpud Associate Attorney Jessica is a graduate, cum laude, of Pennsylvania State University, The Dickinson School of Law. During law school she worked for various nonprofit organizations and served as an Extern in the United States District Court for the Middle District of Pennsylvania for Judge William Caldwell. After graduation, she served as Law Clerk for the Honorable Judge Carol L. Van Horn, in the Pennsylvania Court of Common Pleas for Franklin County. She then began her career as an associate in a boutique litigation firm primarily practicing in the areas of civil rights and family law. She joined Fiffik Law Group in October of 2019. BAR ADMISSIONS & EDUCATION Commonwealth of Pennsylvania, 2009 PA Federal District Court, Middle District, 2012 PA Federal District Court, Eastern District, 2013 United States Court of Appeals for the Third Circuit, 2013 Pennsylvania State University, The Dickinson School of Law BA, University of Wisconsin – Madison AREAS OF PRACTICE Litigation, Civil Rights Law, Municipal Law, Insurance, Employment Law, Family Law
- Power of Attorney | Fiffik Law Group, PC
Power of Attorney A power of attorney (POA) is a legal document that allows someone, known as the principal, to identify and authorize legal, medical, and financial matters on their behalf should they be unable to do so themselves. Our Law Firm can help provide you with a Power Of Attorney so that you are covered if something bad were to happen. When You May Need a Power of Attorney Most commonly, the power of attorney (POA) comes into play when someone becomes incapacitated due to a mental or physical disability. A person may be suffering from dementia or in a coma following an accident, making it impossible for them to take care of important financial matters or make medical decisions for themselves. In Pennsylvania, if someone becomes unable to manage their affairs and they do not have a power of attorney in place, a court may appoint a guardian to handle those affairs for them – and it may not be the person they would have chosen themselves, so a power of attorney allows them to place their faith in someone they trust. Contact our team of estate planning attorneys to get your power of attorney started today. How To Choose the Right Power of Attorney Trust is a key factor when choosing an agent for your power of attorney. Whether the agent selected is a friend, relative, organization, or attorney, you need someone who will look out for your best interests, respect your wishes, and won't abuse the powers granted to him or her. It is important for an agent to keep accurate records of all transactions done on your behalf and to provide you with periodic updates to keep you informed. If you are unable to review updates yourself, direct your agent to give an account to a third party. As for legal liability, an agent is held responsible only for intentional misconduct, not for unknowingly doing something wrong. This protection is included in power of attorney documents to encourage people to accept agent responsibilities.
- Laura Devine | Fiffik Law Group, PC
Laura Devine Associate Attorney Laura was admitted to practice law in Pennsylvania in 1993 after graduating from Duquesne University School of Law. She joined Fiffik Law Group in 2017 after accumulating years of experience in the legal field. Laura provides legal counsel for her clients in matters involving Family Law, Civil Litigation, Landlord-Tenant Law, and Personal Injury. Laura Devine graduated from Duquesne University School of Law in Pittsburgh. She began her career as a general civil practice associate and subsequently opened her own private practice, representing clients in various matters. She has served as an arbitrator, private divorce mediator, and is licensed in the Commonwealth of Pennsylvania. BAR ADMISSIONS & EDUCATION Western District Pennsylvania, 1993 J.D. Duquesne University Law School, 1992 AREAS OF PRACTICE Family Law, Civil Litigation, Landlord-Tenant Law, Personal Injury
- Assault | Fiffik Law Group, PC
Assault charges are serious matters that shouldn't be taken lightly. They require a serious line of defense. Talk to an experienced criminal defense attorney, specializing in assault charges, and begin planning for your future. Assault Assault cases often involve parties with a personal history, complex fact scenarios, and conflicting witness statements. For defendants, penalties can be severe, so it is important to work with an experienced criminal defense attorney who can protect your rights. Our experienced criminal defense attorneys represent many different types of people at different stages in their lives, including college students, professionals, and others who are confronting the legal system for the first time with cases involving simple assault, bar fights, domestic assault, and more. We understand that getting charged with assault can be frustrating, intimidating, and overwhelming. You may wonder what penalties you may face, how much it will cost, whether you will lose your license and how a criminal conviction could impact your future. Simple Assault and Aggravated Assault The decision on whether to file charges or not is often left to the discretion of the police officers investigating the assault. There are times that police officers will seek guidance from the district attorney's office and file assault charges based upon the recommendations of the district attorney. In many instances, unless a case is clearly self-defense, the police often file Simple Assault or Aggravated Assault charges against some or all of the participants in the fight. At the scene, officers make initial credibility determinations as to which people or witnesses that the officers believe are being truthful. Officers may not believe that a person actually acted in self-defense, and thereby file charges. In other situations, if the officers are simply not sure whether or not self-defense was lawfully applied, many officers and district attorneys adopt an opinion that a jury or judge should hear all the pertinent evidence and then decide whether or not self-defense was appropriate under the circumstances. If you are charged with Simple Assault or Aggravated Assault, you should contact an experienced criminal defense lawyer. Self Defense Self-defense, also called "justification" in Pennsylvania, is an affirmative defense, meaning that the person charged with Simple Assault or Aggravated Assault must present some evidence, from whatever source, to justify consideration of the self-defense issue at trial. Technically, the person charged with assault does not need to actually prove that he acted in self-defense, but the person must present some evidence that supports the defense in order to allow a judge or jury to consider the defense at trial. This means that the criminal defense attorney may present evidence, such as testimony from either the defense or another witness, to support the self-defense claim, or the criminal defense attorney may be able to raise the self-defense issue by cross-examining prosecution witnesses. Again, it does not matter what source the evidence supporting self-defense comes from, as long as some evidence is presented. The decision as to whether or not sufficient evidence was presented of self-defense to allow a judge or jury to consider the issue is determined by the judge at trial. If the person presents some evidence to show self-defense, then the district attorney must prove beyond a reasonable doubt that the person did not act in self-defense. If the district attorney disproves that the person charged with Simple Assault or Aggravated Assault acted in self-defense, then the judge or jury will convict the person. However, if the district attorney fails to present sufficient evidence to disprove the self-defense claim, then the person charged with assault must be found not guilty. Domestic Abuse Domestic Abuse Those facing allegations of domestic violence could be facing charges of assault, aggravated assault, and battery. If the crime is against a family member or partner, then the charges may carry extra weight in some cases. WHAT CONSTITUTES DOMESTIC ABUSE? While your charges may not specifically read "domestic violence", Pennsylvania defines domestic abuse as certain crimes against household members, family members, former partners, parents, children, siblings, etc. The following actions may constitute domestic violence and lead to criminal charges: causing or attempting to cause bodily injury rape sexual assault simple assault or aggravated assault false imprisonment child abuse A police officer may make an arrest if there is sufficient cause to believe that you committed involuntary manslaughter, simple assault, aggravated assault, reckless endangerment, terroristic threats, or stalking against a family member as defined above. So even if the officer did not have a warrant, the arrest may still be valid. That said, your defense lawyer will examine the circumstances of the arrest when handling the case. CONSEQUENCES OF DOMESTIC VIOLENCE CHARGES The criminal penalties you're facing will depend on the specific charges levied against you. A conviction for involuntary manslaughter may carry more severe penalties than a conviction for simple assault, for example. In any domestic violence case though, the victim of the alleged domestic violence may file a petition for protection. This may order you to abstain from: further acts of abuse returning to the victim's household entering the victim's residence, workplace, or school It may also contain orders for temporary custody and payment of support to the alleged victim. Even if you believe yourself completely innocent, do not violate the terms of any court orders granted following the alleged abuse. This could further complicate the case and lead to additional penalties. BUILDING A DOMESTIC VIOLENCE DEFENSE Your lawyer will examine the case details to help you determine possible defenses to whichever charges you are facing. Some possible defenses include self-defense, such as if the alleged victim attacked you, causing you to use force to defend yourself. Provocation might be a valid defense in certain cases as well. In some cases, the violence was merely a mistake. If there's evidence that you did not intend to physically assault the alleged victim, it might be a valid defense. An example might be if you mistakenly struck the individual when turning around, not knowing they were present behind you. Other possible defenses include insanity and proving that the alleged incident for which you are charged never took place. Discuss each possibility with your attorney, who can help you create a strategy for approaching the charges levied against you.
- Prenuptial Agreements | Fiffik Law Group, PC
Pennsylvania Prenuptial Agreement Attorney. Our experienced family law attorneys can walk you through prenuptial, postnuptial, and marriage settlement agreements. PRENUPTIAL AGREEMENTS A prenuptial agreement, or a prenup, is a written contract where a couple states their rights and responsibilities regarding premarital and marital assets and debts, and what would happen should their marriage end in divorce or death. A prenup can be a wise investment, not only because it outlines a couple’s finances, but because it can help avoid a costly and contentious divorce if the marriage doesn’t work out. SKIP TO: Reasons to Get A Prenup Who Needs A Prenup? If You Don't Make A Prenup... Making a Valid Prenup REASONS TO GET A PRENUP There are multiple justifiable circumstances that may require a prenup, including: One or both of the parties has already been married One or both parties have children from a previous marriage/relationship There is a disparity in wealth between the two parties One party has significantly more debt One or both parties own a business One or both parties has an inheritance Read some more detail below about the specifics of prenuptial agreements. WHO NEEDS A PRENUP? Contrary to popular opinion, prenups are not just for the rich. While prenups are often used to protect the assets of a wealthy fiancé, couples of more modest means are increasingly turning to them for their own purposes. Here are some reasons that some people want a prenup: Pass separate property to children from prior marriages. A marrying couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children and still provide for each other, if necessary. Without a prenup, a surviving spouse might have the right to claim a large portion of the other spouse's property, leaving much less for the kids. Clarify financial rights. Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage. Avoid arguments in case of divorce. Or they may want to avoid potential arguments if they ever divorce, by specifying in advance how their property will be divided, and whether or not either spouse will receive alimony. Get protection from debts. Prenups can also be used to protect spouses from each other's debts, and they may address a multitude of other issues as well IF YOU DON'T MAKE A PRENUP If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. Property acquired during your marriage is known as either marital or community property, depending on your state. State law may even have a say in what happens to some of the property you owned before you were married. Reason to Get A Prenup Who Needs a Prenup? If You Don't Make A Prenup MAKING A VALID PRENUP As prenuptial agreements become more common, the law is becoming friendlier toward them. Traditionally, courts scrutinized prenups with a suspicious eye, because they almost always involved a waiver of legal and financial benefits by a less wealthy spouse and they were thought to encourage breakups. As divorce and remarriage have become more prevalent, and with more equality between the sexes, courts and legislatures are increasingly willing to uphold premarital agreements. Today, every state permits them, although a prenup that is judged unfair or otherwise fails to meet state requirements will still be set aside. However, because courts still look carefully at prenups, it is important that you negotiate and write up your agreement in a way that is clear, understandable, and legally sound. If you draft your own agreement, which we recommend, you'll want to have separate lawyers review it and at least briefly advise you about it -- otherwise, a court is much more likely to question its validity. CALL US Making a Valid Prenup
- Family Law | Fiffik Law Group, PC
If you're planning to file for divorce in Pennsylvania or require help with a family law issue, our experienced family law attorneys are ready to help you. We provide counsel on divorce, child custody, and guardianship among others. Family Law We understand that the breakdown of a marriage is one of the most traumatic events one may experience. The emotional, financial, and social ramifications can be severe and long-lasting. Our attorneys have litigated many family law cases in area courts since 1981. However, we also believe that the courtroom is not the only place to resolve the complex and sensitive issues that are commonly found in family law matters. Recognizing that every client and case is different, we advocate the use of collaboration and mediation to resolve family disputes. We endeavor to provide reliable, informative, and practical counseling and strong, competent, and effective advocacy while remaining conscious of your goals and needs for yourself and your family. Divorce Learn More Child Custody Learn More Prenuptial Agreements Learn More Pregnant and Working? Understand Your Rights as an Employee Fiffik Law Group, PC Aug 18 3 min read Sending Them Off to College: Legal Prep for Parents (and Students!) Fiffik Law Group, PC Jul 10 6 min read What Happens When You Ignore a Court Order in PA? Fiffik Law Group, PC Mar 19 4 min read Can You Be Removed from a Joint Bank Account Without Your Consent? Fiffik Law Group, PC Feb 21 2 min read Using Trusts to Protect Your Child's Inheritance from Divorce and In-Laws Fiffik Law Group, PC Feb 17 5 min read
