Bottner & Associates, Attorneys At LawCharles Town Personal Injury Lawyer | Family Law | Bankruptcy | Defense Lawyer2024-03-18T07:39:02Zhttps://www.bottnerskillman.com/feed/atom/WordPress/wp-content/uploads/sites/1302167/2020/08/cropped-BottnerAssociates-site-icon-512px-32x32.pngOn Behalf of Bottner & Associates, Attorneys at Lawhttps://www.bottnerskillman.com/?p=504032024-03-18T07:39:02Z2024-03-18T07:39:02ZThe lasting effect on children
A high-conflict household often traps children in the middle. Even if they are not the ones abused, merely witnessing violence could cause traumatic experiences for a child. It could also affect how they interact with people. Additionally, their exposure to domestic violence might make them more anxious or suspicious of people around them. It could also impact their perception of violence and control. Children could even exhibit aggression or bullying tendencies as they grow up. When divorcing parents tackle child custody, it is crucial to prioritize the safety and well-being of their children.
Impact on Child Custody
West Virginia child custody courts honor joint custody's importance and encourage separating parents to agree on legal custody and parenting time. But it becomes a different story when domestic violence is involved. The court puts a premium on what is best for the child, especially their well-being and safety. Domestic violence is a serious allegation, and the court would heavily consider it when establishing custody arrangements. Domestic abuse allegations would also impact the court’s decision on physical custody, parenting time, unmonitored visits and decision-making rights. The court could also issue a protective order if the child’s safety is compromised. Having enough proof of domestic violence, like medical records or police reports, could help support cases against domestic violence.
Marital conflicts are common and could arise for varied reasons, but violence is never the right way to address it. If you find yourself in this situation, it would be best to seek the professional knowledge of family law attorneys to protect you and your child.]]>On Behalf of Bottner & Associates, Attorneys at Lawhttps://www.bottnerskillman.com/?p=504022024-03-12T20:11:53Z2024-03-12T20:11:53ZBankruptcy is a process that helps people recover from overwhelming debt, such as medical bills, late fees and credit card debt. There are two popular forms of bankruptcy: Chapter 7 and Chapter 13 bankruptcy.Chapter 7 bankruptcy helps people who can not afford to pay off their debts. At the end of the process, a large amount of the debtor's debt is relieved. Chapter 13 bankruptcy is an option for people who can pay off some of their debts, but may be struggling to do so. This process reorganizes debt obligations and creates a payment plan, which also resolves remaining debts after the obligated payments are made. Anything can happen and a debtor may need to file bankruptcy again. How many times can you file for bankruptcy? There is no limit, however, debtors will need to wait in between successful bankruptcy filings. Here’s how long a debtor would need to wait:
You must wait before you can file for bankruptcy again
For a successful bankruptcy filing after a prior filing, the debtor will need to wait several years. Here’s how long it would take:
2 years for a Chapter 13 filing after a Chapter 13 bankruptcy filing
4 years for a Chapter 7 filing after a Chapter 13 bankruptcy filing
6 years for a Chapter 13 filing after a Chapter 7 bankruptcy filing
8 years for a Chapter 7 filing after a Chapter 7 bankruptcy filing
Filing for bankruptcy is not always preferred since it will affect a debtor’s credit score again. However, a lowered credit score may be a necessary sacrifice to relieve overwhelming debt obligations. To learn more about your legal options, you may need to reach out for help.
]]>On Behalf of Bottner & Associates, Attorneys at Lawhttps://www.bottnerskillman.com/?p=504002024-03-07T18:52:57Z2024-03-07T18:52:57ZWhat can you do to start building a truck accident personal injury case?
While you might be feeling lost in the aftermath of your truck accident, there are concrete steps that you and your attorney can take to start building your case. This includes doing the following:
Subpoenaing trucking logs: Truckers are required to log their daily driving to ensure that they comply with federal hours of service regulations. If you can get your hands on these records, you might find that the trucker who caused your accident was beyond the maximum hours of allowable driving. This is evidence of a federal trucking regulation violation, and it could serve as a strong basis for a negligence argument.
Subpoenaing maintenance records: Semi-trucks should be subjected to routine inspections. In fact, drivers should inspect their rigs post-trip and report any defects to their employer. These safety issues should then be corrected before the truck is allowed back out on the road. If you can read through maintenance records, though, you might find that all too often defects go uncorrected, putting innocent drivers like you at risk of harm.
Gathering witness statements: Witness testimony could be key to your case. But you don’t want the witnesses in your case to forget what they saw. Yet, that happens over time, which could jeopardize your case. So, as soon as possible, reach out to witnesses and get their accounts in writing so that you and they can refer back to them when needed.
Identifying experts: You might need experts in your case to help you prove how the accident occurred, who was responsible, and the extent of your injuries. This means that your case may require an accident reconstruction expert, a medical expert, or even an employment expert who can help you prove your lost wages damages.
Writing in a journal: Non-economic damages such as pain and suffering and lost enjoyment of life can make up a significant part of your losses. These damages can be hard to prove, but keeping a written journal of how your injuries have reshaped your life can be powerful evidence.
Aggressively pursue the compensation you deserve
Although a truck accident can completely reshape your life, a truck accident personal injury lawsuit may be able to give you closure and the support that you need to focus on finding a new normal. If you’re ready to impose liability, then, start thinking about how to build the aggressive legal arguments you need on your side to be successful.]]>On Behalf of Bottner & Associates, Attorneys at Lawhttps://www.bottnerskillman.com/?p=503992024-03-07T08:53:50Z2024-03-07T08:53:50ZJustification for arrest
Law enforcement officers must have a justified reason, known as probable cause, to believe a person has engaged in criminal activity. This is a foundational requirement that supports the legality of the arrest.
Authority to arrest
In most cases, an officer needs to have a warrant for an arrest to be lawful. However, there are exceptions where law enforcement officers can make warrantless arrests, such as when someone commits a crime in their presence or when there is a risk of the suspect fleeing.
Rights upon detention
Suppose a person is in custody and subject to interrogation. In that case, law enforcement agents must inform them of their rights (known as Miranda rights), including the right to stay silent and to legal representation. Failure to inform a person of their rights when arrested can call into question the validity of the arrest and any evidence obtained as a result.
Appropriate Force
When making an arrest, the level of force applied by the police officer should be no more than what is reasonably necessary to ensure safety and compliance. The use of excessive force can be a violation of an individual's constitutional rights.
Non-discriminatory practices
Arrests should never be based on discriminatory reasons. The Constitution guarantees equal protection, meaning all individuals must receive the same treatment under the law without prejudice based on race, gender or other personal attributes.
Fair legal process
The Fifth and Fourteenth Amendments guarantee due process, which means the person arrested should be given a fair and impartial procedure throughout the legal process. The authorities involved in the case must not treat you like a suspect or criminal. They must give you a chance to tell your side of the story first.
Unfortunately, police officers sometimes go beyond legal limitations to apprehend suspects. If an officer breaks these rules and violates your rights, the arrest could be unconstitutional. If you think this has happened to you or someone you know, you should talk to a lawyer who can look at everything that happened and advise you on what to do next.]]>On Behalf of Bottner & Associates, Attorneys at Lawhttps://www.bottnerskillman.com/?p=503972024-02-28T18:40:55Z2024-02-28T18:40:55ZThe police can pull over drivers who are violating traffic laws. While some drivers may go their entire lives without ever being stopped by the police, it’s estimated that 20 million motorists every year will get pulled over by the police. It can be extremely startling for drivers to see the police flash their lights and sound their sirens behind them. If you’re pulled over by the police, it can help to remember your constitutional rights. There are three constitutional rights you can exercise during traffic stops: the 1st, 4th and 5th Amendments. Here’s what you should know about each:
Your right to remain silent
The 5th Amendment allows drivers to refrain from making comments to the police. This is important because the police often ask drivers questions to gather evidence. Drivers may make self-incriminating comments that link them to other crimes by answering these questions. Drivers have the right to “plead the Fifth” to clarify that they are willing to cooperate even if they will not answer questions.
Your right against unreasonable searches
Another way the police gather evidence is by searching vehicles. However, the police don’t have the right to search vehicles without first meeting a few conditions under the 4th Amendment. The police can lawfully search a vehicle if they get permission from the driver, have a warrant, see clear evidence of a crime or have made an arrest.
Your right to record the police
Under the 1st Amendment, drivers can record the police to collect evidence proving they abused their power. This evidence can be useful if a driver needs to defend themself in court.Drivers who had their legal rights violated during a traffic stop can learn about their legal defense options.
]]>On Behalf of Bottner & Associates, Attorneys at Lawhttps://www.bottnerskillman.com/?p=503962024-02-26T21:30:34Z2024-02-26T21:30:34ZSometimes, a victim of domestic violence could feel trapped in their situation, preventing them from acting and fighting for their rights. Abusers tend to have control over the victim’s life, including how they interact with friends and family. It takes a lot of courage to leave. However, even after leaving, staying safe continues to be a concern.Under the West Virginia law, victims of domestic violence can get a protective order against different kinds of abusers. If you are in this situation, a family protective order can stop your abuser from stalking, harassing, harming or threatening you. In cases where you have children, a protective order can also affect custody. The court will provide the following protective orders, depending on your situation:
Emergency protective order: Usually issued upon the request of law enforcement, this protective order is given when there is immediate danger to your life. This is only valid for a short period, usually until your full court hearing.
Temporary emergency protective order: This is given to you while the divorce or separation process is ongoing. It is effective for several days and requires a full hearing to maintain, change or terminate the order.
Final protective order: If during the full court hearing, the judge finds that domestic violence happened and you still feel threatened, the court will issue a final protective order. This can last for 90 days, 180 days or 1 year. You can request an extension before the order expires.
Family protective orders can protect you by prohibiting your abusers from contacting you and your family, going to your workplace or school and owning a firearm. It can also impact divorce decisions, particularly on child custody, support and living arrangements. Some courts could also order your abusive partner to undergo therapy like anger management. When violated, the offending party may face criminal charges.Domestic violence is a sensitive issue that causes lasting pain and trauma. Even after leaving an abusive partner, you might still feel that your safety is at risk. Getting a protective order might be the best option in this situation. Having a compassionate legal professional by your side would be helpful throughout this journey.]]>On Behalf of Bottner & Associates, Attorneys at Lawhttps://www.bottnerskillman.com/?p=503932024-02-14T23:21:58Z2024-02-14T23:21:58ZFor young couples in the United States, the divorce rate has been falling. This is not true for all couples, especially those in older age brackets – such as those who are 50 years old and older, who have a rising divorce rate. But it is certainly true that younger generations are getting divorced less than those before them.
Why is this? There are numerous different factors that all contribute. Here are a few things to keep in mind.
People are getting married later
One factor is that most people now put off marriage until around 30. Studies have found that getting married at a young age increases the odds of a divorce. Therefore, the mere fact that people are waiting longer to tie the knot could be why these marriages are more likely to last.
Increased cohabitation
A related trend is that more couples are living together prior to getting married. Cohabitation happens in the majority of relationships now, so it is certainly not an outlier. This means that there are probably many couples who cohabitate and break up, but they don’t contribute to the divorce statistics because they never got married.
Children of divorce
One interesting thing to note is that those whose parents got divorced when they were children have higher odds of getting divorced themselves. So this means that the lower divorce rates for current parents could mean that the next generation will simply continue this trend. Fewer of them will have divorced parents, so their own divorce rate will also drop.Even though divorce is getting less common, it’s still very complicated when it happens. Those who are splitting up need to know how to divide custody time with their children, split up marital assets and much more.]]>On Behalf of Bottner & Associates, Attorneys at Lawhttps://www.bottnerskillman.com/?p=503922024-02-13T13:37:21Z2024-02-13T13:37:21ZHow does an IID work?
The IID is a small handheld device wired to your vehicle's ignition system. Before you can start your car, you must breathe into the device. If your breath-alcohol concentration is above the programmed limit – usually set to .02% in West Virginia – the vehicle won’t start.
West Virginia law on IIDs
According to state law, a court may order a person convicted of DUI to install an IID in their vehicle. This requirement is particularly common for repeat offenders or those with high BAC levels at the time of the arrest. First-time offenders may face an IID requirement if their blood/breath alcohol concentration level at the time of the offense was .15% or higher. Other factors that may lead to an IID requirement include refusing a secondary chemical test or the drunk driver causing an accident that killed another person.
Cost and maintenance
The cost of an IID includes installation and monthly rental fees, which can amount to hundreds of dollars over time. You are responsible for these costs. Depending on how long a court has ordered you to use an IID, you might pay for up to two years of use.
Additionally, the IID installer must regularly inspect the device to ensure proper function and download the data logs, which the authorities will review.
Non-compliance and tampering
Trying to bypass or tamper with an IID is a serious offense. Attempting to circumvent an IID is a misdemeanor offense, punishable by up to six months of imprisonment and $1,000 in fines.
After a DUI conviction, an IID may be your pathway to reclaiming your driving privileges. Compliance with the interlock program demonstrates responsibility and can be a step towards restoring your license. For more information on the specifics of IID requirements and the reinstatement process, a legal professional with DUI experience may be able to help.]]>On Behalf of Bottner & Associates, Attorneys at Lawhttps://www.bottnerskillman.com/?p=503912024-02-05T18:04:41Z2024-02-05T18:04:41ZWinter brings a unique set of challenges for drivers in West Virginia. The state’s diverse terrain, coupled with icy conditions, can make driving risky. For residents and travelers, it’s crucial to prioritize safety to prevent winter-related accidents. Failure to do so could lead to severe accidents or even fatalities.
One of the most dangerous states to drive in winter
In 2023, West Virginia ranked 13th among the 20 states with the most dangerous winter roads. With the state's high elevation and unpredictable weather patterns, motorists may encounter:
Whiteouts from heavy snowfall
Black ice on bridges and overpasses
Unexpected obstructions from winter storms
These are just a few examples of the challenges drivers can face while navigating the state's winter roads. Depending on the intensity of the snowfall, conditions can become even more severe, making it one of the country’s most dangerous states for winter driving.
When minding safety isn’t enough
Staying safe should always be a priority. While accidents commonly occur in icy road conditions, there are instances where conditions aren’t the primary cause but rather a negligent driver. Imagine a driver disregarding the snowy conditions and speeding, which leads to a collision. This could result in severe injuries for the innocent party involved, such as concussions or broken bones. In more severe cases, it could even cause traumatic brain injuries (TBIs). This kind of scenario can turn a regular commute into a life-altering event.Winter driving is inherently dangerous and it shouldn’t be made worse by the negligence of other drivers. If you find yourself in such a situation, it’s essential to know that there are laws designed to hold these negligent drivers accountable.
Compensation for damages
According to state comparative negligence rules, you are eligible to receive compensation for your car accident injuries as long as you can prove that the other driver was more than 50% at fault for the collision. Pursuing compensation can be an uphill battle, especially when you’re also dealing with serious injuries. However, despite these challenges, it’s crucial to remember that you have legal rights. Fighting for your rights alone can be complex, so consider seeking the help of an attorney. They can guide you through the legal process and help you secure the compensation you deserve.]]>On Behalf of Bottner & Associates, Attorneys at Lawhttps://www.bottnerskillman.com/?p=503892024-02-01T23:29:57Z2024-02-01T23:29:57ZThere are a few different ways that marital conflict can impact divorce. To begin with, couples who are in high-conflict marriages often have higher odds of divorce than those who are not. This constant conflict simply puts stress on the relationship and causes the two individuals to drift apart over time. If they cannot resolve their differences, it is unlikely that the marriage will last.
However, there are two ways in which conflict can change during the relationship – increasing or decreasing – and both of them could be an indicator that divorce is more likely. Let’s take a quick look at why this happens.
If conflict increases
If you feel like you and your spouse are starting to argue more often, it could be an indicator that you have other issues in your marriage that are unresolved. Maybe the two of you are fundamentally unhappy being in a relationship. As a result, it feels like every little disagreement or conflict turns into a major argument. But it is this deeper feeling of dissatisfaction with the marriage that makes this conflict so intense. When couples are already unhappy, even small issues tend to feel like a bigger deal.
If conflict decreases
Interestingly, even if the amount of arguing goes down, that can still indicate that divorce may be coming. It could just indicate that you or your spouse has decided to ask for a divorce. Mentally and emotionally, that person has already checked out of the relationship. As a result, they don’t see any reason to put in the time and energy to win these arguments. The arguing stops, but that doesn’t necessarily mean that there isn’t conflict any longer.Do you believe that you and your spouse are going to get divorced this year? Make sure you know about all of your rights as you sort out property division, child custody solutions and much more.]]>