Steps to Take if You Have Been Charged with Violating a PFA

Violating a Protection from Abuse order (PFA) can have serious consequences, including substantial fines and jail time. Even if you are not convicted, being charged with a PFA violation can hamper your ability to find a job or housing. If you have been charged with violating a PFA, finding local criminal lawyers to assist you with your case is critical to protecting your rights.

Pennsylvania Law and PFAs

Although a PFA can be intrusive, it is important to keep in mind that Pennsylvania courts take these matters very seriously. Even if you are unaware that something you did resulted in a violation of a restraining order, the court may still pursue criminal charges. For example, if your spouse or partner obtains a temporary PFA against you and you call or text them with a question related to your children, you are in violation of the order even though your communication is not threatening or harassing.

Pennsylvania law can be confusing. The commonwealth does not specify this crime as a violation of a PFA. The charge you will most likely face is indirect criminal contempt of court. Unlike other criminal charges, this charge is presented and ruled upon by a judge instead of being settled through a plea agreement or in a jury trial. When your freedom is on the line, it is well worth the time and money to seek counsel from experienced attorneys who are well-versed in handling cases involving PFA violations.

Penalties for Criminal Contempt of Court

A conviction for criminal contempt of court can result in six months of jail time, probation, and fines ranging from $300 to $1000. You will have a criminal conviction on your record that will appear on background checks. You may even lose custody of or visitation with your children. In addition, a temporary PFA typically becomes a permanent PFA for up to 3 years if you violate the order.

How a Criminal Defense Attorney Can Help

The best way to understand what happens when you violate a restraining order is to hire a West Chester criminal attorney as soon as you are served with a temporary PFA. Your lawyer can explain the specifics of the PFA and advise you on how to avoid any violations. They can also represent you at the initial hearing, which will be scheduled within 10 business days. At this hearing, you will have an opportunity to present your side of the story. If you have been falsely accused of domestic violence, your attorney can help you gather evidence and develop a strategy to prove it.

If you have been charged with violating a PFA, our criminal defense lawyers and family law attorneys at Carosella & Associates provide top-notch legal representation you can trust.

This blog was originally posted at https://carosella.com/steps-to-take-if-you-have-been-charged-with-violating-a-pfa/

Bankruptcy for Married Couples: Do Both Spouses Need to File?

Filing bankruptcy is a serious decision. If you are unfamiliar with the different types of bankruptcy and how they work, it can be challenging to determine how it may benefit you. Although married couples can file joint bankruptcy, sometimes it is best for just one spouse to file. There are several factors that must be taken into consideration when determining whether an individual or joint filing will best suit your needs. Bankruptcy laws vary from state to state so it is important to speak with a local bankruptcy lawyer who can assess your financial situation and advise you of your options.

Consider Which Debts You Want to Discharge

Getting out from under overwhelming debt is typically why people and businesses file bankruptcy. If you and your spouse file jointly, you can get rid of all the dischargeable debt you both owe. Although it varies from case to case and the type of bankruptcy you decide to file, examples of dischargeable debt include:

• Car loan payments
• Mortgage payments
• Credit card debt
• Personal loan debt

There are some debts that cannot be wiped out in bankruptcy, including child support and alimony payments, student loans and tax debt. However, there may be exceptions depending on where you live and your specific situation, so speaking with a lawyer before you file is critical.

If one spouse has considerable debt and the other does not, it may be wise for only one spouse to file. If you carry a significant amount of debt jointly, filling together is likely your best bet. Both your individual and shared dischargeable can be included in a joint filing. Because the main goal of filing bankruptcy is to get rid of debt, choosing the option that enables you to discharge more of your debt and keep more of your property makes sense.

How Much Debt Does Each Spouse Have?

It is not unusual for one spouse to enter a marriage with more debt than the other. In this case, filing an individual bankruptcy can allow the other spouse to keep a good credit rating, which is important when applying for a loan or mortgage. Bankruptcy can stay on your credit report for ten years, so this is an essential consideration.

How Much Property Do You Own?

A joint bankruptcy filing includes both spouse’s assets and property. However, some property is exempt, and depending on the state in which you live, you might be able to keep more of your property if you file jointly. If you own property held as tenancy by the entirety, which is a property that is jointly owned as a single marital entity, you may be able to shield it if only one spouse files. There are also homestead exemptions that can allow you to keep your home, but it can be tough to determine what is exempt and what is not without the assistance of an experienced bankruptcy lawyer.

Estate Planning Considerations

Choosing a law firm that offers estate planning services can help you protect your assets from potential future creditors. Putting assets in an irrevocable trust can shield them from creditors and help your beneficiaries avoid probate. This type of estate planning tool must be created in the right way, so it’s critical to seek the counsel of a seasoned estate planning or probate attorney.

If you need assistance with bankruptcy filing or estate planning, Carosella & Associates can help.

This blog was originally posted at https://carosella.com/bankruptcy-for-married-couples-do-both-spouses-need-to-file/

When is it Too Late to Probate an Estate?

Probate is the legal process for settling a deceased person’s estate. In Pennsylvania, there is no set time limit on when you can initiate probate after someone dies, but it is best to get the process started as soon as you can. Waiting can make things more complicated and lead to issues with the estate dragging on for years. Whether you are the named executor of an estate or a loved one died without a will, seeking the counsel of an experienced probate attorney can help you understand the process and the next steps to take.

When to Probate an Estate

Unless someone sets up a specific estate planning tool such as a living trust to avoid probate, a family member or personal representative should file a petition with the Probate court (Orphans’ court in PA). The probate process itself can take months or even years, so doing it promptly is the best course of action to get an estate settled in a timely manner. In Pennsylvania, if you pay inheritance taxes within three months of the death, you receive a 5% discount. An estate law attorney can advise you on what an estimated payment may be based on the value of the estate.

Problems that May Arise if You Wait on Probate

Failing to probate a will can result in serious consequences for the executor and the estate. Although certain assets such as life insurance, joint bank accounts and property that is owned in joint tenancy do not have to go through probate, other assets must be probated. If you fail to do this, certain assets that are solely in the deceased’s name cannot be sold or transferred. This means that ongoing expenses like insurance premiums, property taxes and vehicle registration must continue to be paid.

Creditors may also pursue debts that were owed by the deceased. When probate is opened, an executor or personal representative must advertise the estate in local papers. Creditors have one year from the date of advertising to file a claim. The earlier the estate is opened, the sooner the deadline for creditors. If there is a problem with an existing will or it is contested, typically these issues can only be addressed through the probate process.

What if an Executor or Personal Representative Fails to Probate a Will?

An executor of an estate can be held personally liable for resulting expenses if they deliberately avoid the probating of a will. Failing to probate an estate or will for your financial gain can even lead to jail time. Waiting to probate an estate or attempting to avoid it is not worth the risk of losing assets or dealing with potential liability.

Regardless of whether someone close to you has recently passed away or you have discovered that a distant relative has died and their assets need to be properly distributed, lawyers for wills and estates can help you get the probate process rolling. If you have questions about probate or need help with estate planning, the experienced team at Carosella & Associates can help make the process run smoothly and take some of the weight off your shoulders.

This blog was originally posted at https://carosella.com/when-is-it-too-late-to-probate-an-estate/