What Happens When You Violate a Restraining Order

Known as a Protection from Abuse (PFA) order in Pennsylvania, a restraining order is designed to protect victims of domestic violence. A PFA restricts an alleged abuser from having contact with the person who filed the order. Whether you believe that a PFA that has been filed against you is valid or not, it is critical to comply with all stipulations outlined in the order. Violating a PFA can result in additional penalties, loss of child visitation rights, and even jail time. If you’ve been charged with domestic violence or are subject to a PFA, it is vital to seek the counsel of an experienced criminal defense attorney right away to ensure your rights are protected.

What Happens when Someone Files a PFA Against You?

In Pennsylvania, a PFA prohibits you from having any contact with an alleged victim, including contact via phone, text and email. It may even specify a minimum number of feet you must stay away from them. If you live together, this means you will not be allowed to return to your home. Depending on the specific circumstances, a PFA can also give your partner or spouse temporary custody of your children, which may seriously restrict your visitation rights and keep you from seeing them altogether. These are just a few potential scenarios. Situations can become even more complex, especially when two spouses own a business and work together. If you’re concerned about protecting your business interests, your business attorney can help you understand your rights under the law.

Penalties for Violating a Protective Order

If you are found guilty of violating a PFA, penalties may be:

• Up to six months in jail and a fine of $300 to $1,000
• Up to six months probation and a fine of $300 to $1,000

Penalties depend on the circumstances of the violation. If you violate a PFA, the victim may request that the court extend the Protection from Abuse order. You may also be held in contempt of court for violating a PFA. Being held in contempt of court means you forfeit your right to a jury trial, although you have the right to legal counsel. If an alleged victim files a petition for civil contempt and you are found to have violated a condition of the PFA or another court-approved agreement, you can be jailed for up to six months.

PFAs and Pending Cases

If you are facing other criminal or civil charges, violating a PFA can hurt those cases, too. For example, if you are facing charges for stalking and show up at an alleged victim’s home or workplace, a prosecutor can use this violation to demonstrate that you have no intentions of stopping the harassment. Not only that, if a violation of a PFA occurs during a divorce or child custody case, it can seriously damage your standing when it comes to matters of child custody or quick resolution of your divorce case.

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

Whether you are facing a PFA for the first time or have been charged with violating an order, it is always a good idea to consult a Chester County criminal lawyer who can help you understand your rights and act as your advocate.

Have you been a victim of domestic violence or need assistance with fighting a PFA? Our West Chester criminal lawyers can help.

This blog was originally posted https://carosella.com/what-happens-when-you-violate-a-restraining-order/

What to do If You Are a Commercial Truck Driver Charged with a DUI

Being a commercial truck driver carries a lot of responsibilities. Both the Commonwealth of Pennsylvania and the federal government have strict regulations that help keep motorists safe when they’re on the road. Pennsylvania law surrounding DUI charges for CDL holders is complex. If you are a commercial driver who has been charged with driving under the influence, it is vital to contact a local defense attorney to help preserve your livelihood and ensure your rights are protected.

DUI Penalties for CDL Holders

In Pennsylvania, CDL holders are held to a higher standard than other motorists, and the consequences for DUI are severe. Even if you have been charged with a DUI while driving your own personal vehicle you can still lose your CDL. Generally, the legal limit for Blood Alcohol Content (BAC) is .08 in Pennsylvania. However, for CDL holders operating a commercial vehicle the legal limit is half that–.04.

Whether you were driving your commercial vehicle or personal vehicle, if you are convicted of a DUI your CDL will be suspended for at least one year, your regular driver’s license may be suspended for a period of time, and you will face other serious fines and penalties. If you were transporting hazardous materials, your CDL will be suspended for three years. It is also important to keep in mind that even if you are eligible for an ARD program you will still lose your CDL license for one year. Because DUI laws vary from state to state it is best to have a local Chester County criminal lawyer who understands the nuances of not only Pennsylvania law but FMSCA regulations as well.

Penalties for First Offense Commercial DUI

• Two days to six months in jail
• $500-$5,000 fine
• Personal license suspension: up to 12 months for your non-CDL license
• Commercial License suspension: at least 12 months for CDL and three years for carrying hazardous materials

You may also be required to perform community service, attend alcohol highway safety classes, alcohol and drug treatment and you will most likely lose your job with your trucking company, and if you are an independent driver, any contracts you had to transport cargo will be terminated. It will be nearly impossible to get any jobs involving a CDL in the future. For second, third and subsequent offenses, jail time and fines increase substantially. Your CDL may also be permanently revoked. Drivers who own their trucks and work independently may want to consult with a business contract lawyer to determine exactly how a DUI conviction will harm their ability to earn a living.

How an Attorney Can Help

Seeking the counsel of an experienced attorney is your best bet for beating a DUI charge. The only way to protect your career as a commercial driver is to have charges dropped or fight them in court and achieve a not-guilty verdict. Do not admit fault, speak to anyone or accept a plea deal before talking with your attorney. Being represented by a skilled West Chester criminal lawyer will advise you on the best course of action and increase your chances of a positive outcome.

This blog was originally posted https://carosella.com/what-to-do-if-you-are-a-commercial-truck-driver-charged-with-a-dui/

Why You Should Avoid Social Media when Going through a Divorce

Many people use social media as a way to stay connected with loved ones and express themselves. However, it’s not all fun and games–social media can often be used against you in contentious divorce proceedings. Most family law attorneys advise clients to stay off social media altogether when going through a divorce. Here are some important reasons why.

It Can Have a Harmful Effect on Your Children

Going through a divorce can take a heavy emotional toll on a family, especially when children are involved. Bashing your soon-to-be ex-spouse on social media is not in the best interest of your children. It may be tempting to vent and voice your opinions on Facebook, Twitter, or Instagram, but it’s important to remember that your children may see what you post. Divorce is hard on kids no matter what, so keep your feelings off social media and talk with friends, family, or a therapist to voice your concerns in an appropriate manner.  That way, you can protect your children and avoid having social media posts used against you when it comes time to negotiate custody and support.

Photos can be Misconstrued

If you must use social media, be very careful about the photos you post. A photo of a “girls’ or boys’ night out” or relaxing on the couch with a glass of wine may seem like no big deal, but it could wind up hurting you in court. Any image you post can be used as evidence used against you when it comes to issues of custody, property division, support, or any other aspect of your divorce. Never share images of you consuming alcohol or drugs, and avoid posting photos of yourself with anyone you may be dating. Even if there’s nothing nefarious going on, your spouse and their lawyer can make it seem like there is.

It Can Hurt Your Case for or Against Support

Whether you are asking for spousal support or you are the one who may be required to pay it, boasting about expensive vacations, shopping sprees, or investments on social media is a no-no. If you are trying to protect your financial assets, your West Chester divorce lawyers will advise you to stay quiet. Not only can these things be used as evidence about your finances, an ex-spouse who feels hurt because you’re bragging about enjoying yourself can make life miserable during a divorce.

Social Media is Not Private

Even if you have all your privacy settings seriously restricted, divorce can quickly turn ugly if family and friends decide to choose sides. You never know what type of post is going to rub someone the wrong way and be shared with your ex. Consider everything on social media and the internet public and fair game–if it is reported that you have lied or harassed your spouse or others on your social media accounts, a judge can create an order to review them.

Use Common Sense

If you’re going through a divorce, dropping social media altogether is one of the best things you can do to protect your rights and interests. If you must keep your social media accounts for business or other reasons, talk with your business liability lawyers about the best way to handle it.

Do you need assistance with a divorce? Our experienced divorce attorneys at Carosella & Associates can help.

This blog was originally posted https://carosella.com/why-you-should-avoid-social-media-when-going-through-a-divorce/

Valuing a Business During a Divorce

Even when both parties agree that it is time to dissolve a marriage, dividing assets in a divorce can be challenging. Valuing assets like real estate, vehicles, and retirement accounts, is fairly straightforward, as they all have a market value. When it comes to valuing a business, however, things can get tricky.
The accurate valuation of a business during a divorce is often complex and requires the counsel of experienced business lawyers.

Understanding the Valuation Process

Whether it is large or small, every business has value. Attempting to value your business yourself can be a losing proposition. Even if you do seek the services of a highly experienced divorce lawyer in PA, it is important to understand how the valuation process works.

Separate vs. Marital Assets

First, the determination of whether a business interest is separate or marital must be made. Generally, if a business was started or acquired during a marriage, it is considered marital property and should be divided equally. If one spouse owned it before marriage or it was created with separate funds, it could be considered separate property, not a marital asset. However, just because the business interest was acquired prior to the date of marriage, it does not mean that the non-owner spouse is not entitled to a portion of it. Each situation is unique, and it is vital to have a knowledgeable attorney to protect your rights and interests.

Ways to Value a Business

There are three approaches that may be used when determining the value of a business interest, including :

Asset approach: This approach calculates a value using a fairly straightforward equation: assets minus liabilities = value.  Both tangible and intangible assets are included in this approach. Tangible assets may include cash, inventory, real property, and other concrete assets. Intangible assets may include trademarks, patents, and other intellectual property, accounts receivable, and other assets. Although this approach may appear straightforward, it can actually be complex, depending on various factors, including the type of inventory and unrecorded assets and liabilities, which can create significant issues.

Market approach: Using this approach, the value of a business is compared to similar businesses that have been sold in the same geographical area, much like appraisers look at comparables in a neighborhood when determining the value of a home. However, profitability can vary greatly from one business to another and this approach can be challenging when no similar businesses have recently been sold.

Income approach: The most common type of approach that is used to determine the value of a business is the income approach. It uses specific formulas and historical information to determine projected cash flow and profits, and also takes into consideration future benefits and the rate of risk or return.

Unless the business is very small, all of these approaches require legal or financial professionals to investigate and analyze the assets, liabilities, history, finances, and myriad aspects of the business to determine its true value. Business succession planning attorneys are often skilled at this task, as they are quite familiar with the various ways that business may be accurately valued.

At Carosella & Associates, our divorce attorneys and business lawyers in West Chester work collaboratively to guide clients through the valuation process and protect their interests.

This blog was originally posted at https://carosella.com/valuing-a-business-during-a-divorce/

How to Modify a Child Support Order in PA

In Pennsylvania, both parents are required to support their children until the age of 18, sometimes even longer. However, financial circumstances change and child support orders can be modified to reflect those changes. Whether you are looking to increase or decrease a child support payment, it is best to contact an experienced attorney who can help you through the process and ensure your rights and interest are protected.

Circumstances that Warrant a Child Support Modification

Before modifying any child support order, the court will want proof of what has changed since the previous award was granted. There are some general factors that a court takes into consideration when setting a child support order, including

• How much time each parent spends with the child
• All income sources for each parent
• Both parents’ assets
• Household expenses, needs and fixed financial obligations (such as a mortgage)
• The children’s ages and any special financial needs they may have
• Other relevant factors (determined on a case-by-case basis)

When seeking a child support modification, you must present evidence that one or more of these factors has changed or a new relevant factor has come to light. Regardless of the circumstances, it is critical to seek legal counsel to ensure the modification is fair. For example, if you are filing for bankruptcy, it would be a good idea to consult a local bankruptcy lawyer who understands the ins and outs of bankruptcy law in Pennsylvania. Most full-service law firms in West Chester have attorneys who work collaboratively to develop solutions in complex cases, even if they focus on different areas of the law.

Common Grounds for Modifying a Child Support Order

• The parent who pays child support is spending more time caring for the child
• The parent receiving child support is earning more money
• The parent who pays child support is earning less money than they did previously
• The child’s educational, medical or other needs have changed since the initial order was granted
• A child is over eighteen years old and is no longer attending school
• Birth or adoption of another child

It is important to keep in mind that an award may be modified in the other parent’s favor if they present stronger arguments and evidence in response to your petition.

Seeking a Child Support Modification

Desired changes to a support order cannot be applied before you submit a petition for modification with the Domestic Relations Section (DRS) in your county. Once a completed Petition for Modification form is received, the DRS will schedule a conference and send both parties a notice indicating date, time and location to review the facts of the case and discuss the modification. Even if both parents are in agreement, they are required to submit a modification order with DRS. Parents who are incarcerated may appear by phone.

The financial repercussions of a modified child support order can be far-reaching. A divorce attorney can advise you on the most effective course of action and develop strategies that serve your interests and desired outcome.

Do you need assistance with modifying a child support order? Our family law attorneys at Carosella & Associates can help.

This blog was originally posted at https://carosella.com/how-to-modify-a-child-support-order-in-pa/

When can Grandparents Seek Custody of a Grandchild? (recent bill expanded custody rights)

Grandparents often play a vital role in children’s lives, and may step in when a parent is unable to care for their children on their own. In Pennsylvania, courts always consider the best interests of a child when determining custody. It is unfortunate but due to the opioid epidemic, more grandparents have assumed the role of caregiver for their grandchildren. In 2018, the Pennsylvania legislature passed a bill that addresses several issues surrounding child custody, including and expansion of who can file for custody of a child and clarification of the circumstances in which grandparents can seek custody of a grandchild. As with all other child custody matters, courts look to determine “the best interests of the child”.

Grandparents’ Custody Rights

The new law works to resolve the issues raised by a 2016 Pennsylvania Supreme Court ruling that limited the ability of grandparents to seek custody of their grandchildren. It also opens the door for other third parties such as friends, neighbors, or other relatives to file for legal custody. Whether you are a grandparent or another party who is seeking custody of a child, it is essential to seek the counsel experienced family law attorneys who understand how the system works.

Grandparents may file for custody of a child under the following circumstances:

• Upon the death of one or both parents
• Grandparents can seek full or partial custody or visitation if a custody action has already been initiated by either parent, unless both parents believe that contact with the grandparent is not in the best interest of the child.
• The child began their relationship with the grandparents with the consent of the parents or through a court order
• If a grandparent has been acting as a child’s parent, also known as “in loco parentis,” they can file for custody of the child. Under the new law, other third parties who have been acting in loco parentis may file as well.
• Grandparents can also seek custody if there are issues of neglect, abuse, or drug and alcohol dependency.
• If a child has lived with a grandparent for 12 months or more
• When a child’s biological parents cannot be located

If you currently have custody or are seeking custody of a child, it is also a good idea to consult wills and trusts lawyers  or estate planning attorneys for advice about how to protect the child’s interests should something happen to you.

The Court’s Role in Determining Custody

Although keeping children with their biological parents is considered ideal, if this is not possible a court will try to determine which type of arrangement will best serve the child. Courts consider the following factors before awarding visitation or custody:

• The child’s emotional and physical well-being
• The past and current relationship between the child and their grandparents
• If the child is older, the court will ask what their preference is
• The potential influence on a child’s social and intellectual growth

Legal issues surrounding custody and visitation can be complex. If you are a grandparent interested in filing for legal custody of a child, the experienced attorneys at our law firm in West Chester can help.

This blog was originally posted at https://carosella.com/when-can-grandparents-seek-custody-of-a-grandchild/

Are You Facing Criminal Charges in PA? We Can Help

Being charged with a crime can be a frightening experience that can result in serious consequences such as hefty fines, a felony record, and even prison time. Whether you are facing DUI, domestic violence or another type of charge, seeking the counsel of a local criminal defense attorney who understands the nuances of the law is essential to ensure your rights are protected.

When Should You Hire A Criminal Defense Attorney?

The short answer? Immediately. When you’ve been taken into custody, arrested or charged with a crime, the sooner you find legal representation, the better. By law, you have the right to an attorney and are not obligated to answer any questions or say anything without legal counsel present. Law enforcement officers and prosecutors employ all types of tactics that can lead you to say something that can jeopardize your chances of having charges dismissed, or you being acquitted by a judge or jury. An experienced criminal lawyer will talk with you, assess your case and advise you on the best course of action to protect your rights.

What Does A Criminal Defense Attorney Do?

Your lawyer will ask you about every aspect of your encounters with law enforcement, including whether or not you were placed under arrest, read your Miranda rights, or if you made any oral or written statements. It is important for your attorney to evaluate whether the police followed proper protocol when investigating the alleged crime, so make sure to answer all questions as honestly and openly as you can.

Your attorney will also ask you specific questions about the alleged crime. For example, if you have been falsely accused of domestic violence, a West Chester criminal lawyer may ask if there has been a history of violence involving your spouse, partner or another family member.  These types of questions and many others provide your attorney with the information they need to determine how to proceed. The “beyond a reasonable doubt” standard is more difficult to prove than you may think. As your representative, it is your defense attorney’s job to cross-examine witnesses, present alternative theories as to the facts presented, and to cast doubt on any evidence that may be used against you.

Seeking the Counsel of Knowledgeable Local Attorneys Is Vital

Your attorney will be by your side throughout the entire process, from preliminary arraignment to trial.  Based on the facts of your case, criminal lawyers who are familiar with local law enforcement, the local courts, and district attorneys typically have an idea of what to expect. Because they are familiar with the local courts and how they work, your attorneys can better develop effective defense strategies to seek dismissal, negotiate a plea agreement or successfully argue your case in court.

At Carosella & Associates, our legal team has more than 50 years of combined experience in dealing with the criminal courts in Pennsylvania. Whether you are facing felony charges or need assistance with a legal matter involving your business, our defense lawyers and business attorneys can help.

This blog was originally posted at https://carosella.com/are-you-facing-criminal-charges-in-pa-we-can-help/