FAMILY LAW     CRIMINAL LAW     MILITARY ISSUES

DUI-DWI TRAFFIC    

 

FAMILY LAW includes domestic relations matters such as child custody and support; divorce, separation and annulment; spousal maintenance.

 

Termination of parental rights and adoption are also considered areas of domestic relations which specifically deal with juvenile law.

 

Pre-Marital Agreements must be in writing and signed by both parties; signed voluntarily; after fair and reasonable disclosure of the property and financial; obligations of the other party are determined.  For detailed information please refer to A.R.S § 25-201, et. seq.

 

The marital relationship can be terminated by Annulment, Legal Separation or Divorce/Dissolution. Whenever a petition for a dissolution or legal separation is filed, a preliminary injunction is automatically issued against both parties. The injunction states that both parties are enjoined from harassing the other, disturbing the peace, or assaulting both the other spouse and their children. It also restrains both parties from taking the children out of state and disposing of jointly owned property without getting the permission of the court or of the other spouse.

Child custody is defined as a legal relationship between an adult and a child conferring on the adult the authority and responsibility to make decisions relating to the child's upbringing.

Jurisdiction: Before a court can make a custody determination under any of the statues, it must have jurisdiction under the Uniform Child Custody Jurisdiction Act.

Parental Kidnaping Prevention Act: this act enacted in 1980, is meant to discourage child snatching and forum shopping and encourage some finality for child custody decisions.

Custody Determining Factors: Best Interest Tests; Parents' Wishes, Wishes of the Child; Child's Psychological and Social Adjustment; Relationship Between Parent and Child; Mental and Physical Health of All Individuals and Spousal Abuse.

 

Child Support.  Arizona law recognizes the parental duty to provide reasonable support for natural and adopted minors, unemancipated children, regardless of where the children are located. A.R.S. § 25-320. Every child is the child of its natural parents and is entitled to support as if born to married parents. A.R.S. § 8-601. As a rule, the duty to support extends only until the child has become emancipated or has reached the age of majority, which is 18. A.R.S. § 1-215(17). Note: For additional information please refer to link on Child Support at the end of this page.

 

Spousal Maintenance. The court may grant a maintenance order for either spouse in the context of a dissolution or legal separation. A.R.S. § 25-319. A maintenance award is expected to provide a source of income until the spouse is able to become self-supporting. Spousal maintenance is awarded without regard to marital misconduct. A.R.S. § 25-319(B).

 

Adoption creates the legal status of parent and child between two persons who are not biologically so related. Upon entry of the decree of adoption, the adopted child becomes the child of the adoptive parents for all purposes, including rights of inheritance, support, etc. A.R.S. § 8-117.

 

Arizona Revised Statutes- Family Law

Arizona Rules of Family Law Procedure and Forms

 

For further information regarding these topics refer to Titles 8 and/or 25, Arizona Revised Statutes and/or the following web sites:

Child Support Calculator
Qualified Domestic Relation's Order Information

 

Note: This information is provided as a public service and is not intended to be taken as legal advice. Please consult a lawyer for legal representation and assistance.

 

Free Forms

 

Copyright© 1995-2005, Bays Law, PC©  All Rights Reserved.


CRIMINAL LAW involves a dispute over the rights and responsibilities of the people involved. In a criminal case, the defendant might be ordered to pay a fine or sentenced to probation, incarceration or even death. Criminal law cases involve the possibility of losing life or liberty that distinguishes criminal law from civil penalties.

 

Areas and Terms of Criminal Law:


Citation: a citation or summons (ticket) is the penalty for the least serious offenses. A citation could result in a short jail sentence. Citations may be given for minor traffic violations.

 

Misdemeanor: examples of misdemeanors include public drunkenness, resisting arrest, and simple battery. Misdemeanors are offenses punishable by a sentence of one year or less.

 

Felony: a felony may include such crimes as robbery, Kidnapping, rape and murder. Felonies are classified as all crimes that carry a maximum sentence of more than one year.

 

Petty Larceny: is considered a misdemeanor; it is the stealing of an item worth less than a certain dollar amount (depending on state laws and restrictions).

 

Grand Theft: is theft of anything over the dollar amount allowed under petty larceny; this is considered a felony.

 

Attempt: an attempt means that you had the intent to commit a crime, but for some reason the crime was not completed.

 

Conspiracy: an agreement between two or more people to commit a crime followed by any activity to carry out the agreement. The conspiracy itself is a separate crime.

 

Complicity or Accomplice Liability: complicity is the act of being an accomplice to a crime. An accomplice is someone who helps in, or in some states merely encourages or knows about the crime. An accomplice is as guilty as the person who commits the crime and could be punished as severely if convicted.

 

Pro Se: is the right to represent yourself in court.

 

Bail: the amount of money you must post (pay) before your release.

 

“OR” own recognizance; permits you to be released on your own recognizance. You are not required to post any bail if the judge releases you on O.R. You must reappear in court as agreed or the judge may revoke your bail or O.R. status. If this happens a bench warrant for your arrest could be issued.

 

Bench Warrant: allows the police to find you, take you into custody and place you in jail and you will lose your bail money.

 

Plea Bargains: are legal transactions in which a defendant pleads guilty to a lesser charge or pleads guilty to the original charges in exchange for some type of leniency.

 

Subpoena: a summons is a legal order to appear in court or to produce certain evidence. Admissible Confessions: oral, unsigned, written and signed confessions are admissible.

 

The Miranda Rule: This rule was developed to protect the individual's Fifth Amendment rights against self-incrimination. The Miranda warning "you have the right to remain silent. If you give up those rights, anything you say or do can and will be used against you in a court of law. Your have the right to an attorney. If you desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning." (Miranda v. Arizona) If the Miranda warning is not given before questioning, or if police continue to question a suspect after he or she indicates in any manner a desire to consult an attorney before speaking, statements by the suspect generally are inadmissible.

 

Where to get more information and help:

 

US Department Of Justice

 

Justice Information Center


American Civil Liberties Union

132 West 43rd Street
New York, NY 10036
(212) 944-9800

 

Source: The American Bar Association Family Legal Guide©1990, 1994

 

Note: This information is provided as a public service and is not intended to be taken as legal advice. Please consult a lawyer for legal representation and assistance.

 

Copyright© 1995-2005, Bays Law, PC©  All Rights Reserved.


 

MILITARY ISSUES includes areas such as: Courts-martial,  UCMJ (Uniform Code of Military Justice) actions, criminal military offenses, civil and domestic relations issues, the Servicemember’s Civil Relief Act and the Uniformed Services Former Spouses Protection Act.

 

The following links may provide you with further assistance and information related to Military Legal Issues:


FedWorld Information Network
JAG Corps Website
Military Law Materials
Defense Finance and Accounting Services (DFAS)
USCA Armed Forces

 

Note: This information is provided as a public service and is not intended to be taken as legal advice. Please consult a lawyer for legal representation and assistance.

 

Copyright© 1995-2005, Bays Law, PC© - All Rights Reserved.


 

DUI/DWI TRAFFIC

 

The following links may provide you with further information and assistance related to DUI/DWI and Traffic Law issues:

National Motorist's Association (NMA)
State Traffic Law Guidelines
Alcohol and The Human Body Information
The American Beverage Institute
National Highway Traffic and Safety Administration
Federal Aviation Administration
U.S. Department of Transportation
Arizona Department of Transportation
Mother's Against Drunk Driving Home Page
National Commission Against Drunk Driving
Links to Other Related DUI/DWI Resources

 

Note: This information is provided as a public service and is not intended to be taken as legal advice. Please consult a lawyer for legal representation and assistance.

 

Copyright© 1995-2005, Bays Law, PC© - All Rights Reserved.


 

 

Note: This information is provided as a public service and is not intended to be taken as legal advice. Please consult a lawyer for legal representation and assistance.

 

Copyright© 1995-2005, Bays Law, PC©. All