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Areas of Practice

The diverse range of practice areas allows Hamm & Associates to provide comprehensive legal services to our clients with skill and expertise.


    In the context of divorce, a contested divorce refers to a situation where the spouses are unable to agree on one or more issues, such as division of assets, child custody, or spousal support. This type of divorce typically requires court intervention to resolve the disputes. On the other hand, an uncontested divorce is when both spouses are able to reach an agreement on all issues without the need for court intervention. This typically leads to a smoother and quicker divorce process, as there is no need for contentious litigation. Overall, contested and uncontested divorces represent two different paths that couples can take to dissolve their marriage, with contested divorces involving more conflict and legal proceedings, while uncontested divorces involve mutual agreement and cooperation.

    Separation Agreements are legal documents outlining the terms and conditions agreed upon by parties who are ending their relationship or marriage. These agreements typically detail matters such as asset division, child custody, spousal maintenance (alimony), and any other relevant issues. By defining the rights and responsibilities of each party, a separation agreement aims to provide clarity and prevent disputes in the future. This legal document is essential for ensuring a smooth and amicable separation process, and it can help individuals move forward with their lives in a structured and fair manner.

    Pre-nuptial and post-nuptial agreements are legal documents created by couples before and after their marriage, respectively. These agreements outline the distribution of assets, property, finances, and other obligations in the event of a divorce or separation. They help to protect the interests of both parties and provide clarity on how assets will be divided and spousal support determined. Pre-nuptial agreements are signed before marriage and post-nuptial agreements are signed after the marriage has taken place. These agreements address issues such as property division, debt allocation, and spousal support, providing a clear framework for potential future events. Both types of agreements can help couples navigate potential disputes and uncertainties in the future.

    Child support is a legal obligation that a non-custodial parent is required to pay to the custodial parent or guardian for the financial benefit of a child. This payment is intended to cover the child's basic needs, such as food, clothing, shelter, education, and medical care. Child support is typically determined by a court order or agreement between the parents, taking into account factors such as the income of both parents, the child's needs, and the custody arrangement. Failure to pay child support can result in legal consequences, including wage garnishment, property liens, and even jail time in extreme cases. Ultimately, child support is crucial for ensuring that children receive the financial support they need to thrive and succeed.

    Spousal support, also known as maintenance or alimony, refers to the financial support provided by one spouse to the other after a divorce or separation. The purpose of spousal support is to ensure that both parties can maintain a similar standard of living post-divorce, especially if one spouse earns significantly more than the other. The amount and duration of spousal support can vary depending on factors such as the length of the marriage, the earning capacity of each spouse, and any financial agreements made during the divorce settlement. Spousal support is designed to help the lower-earning spouse transition to financial independence and mitigate any disparities in income that may arise from the divorce.

    In legal terms, define is the process of dividing assets or property between parties, often during a divorce or separation. This division of assets is typically done through equitable distribution, where the assets are allocated fairly and justly based on various factors such as the length of the marriage, each party's financial contributions, and any agreements made prior to the marriage. The goal of define in this context is to ensure that both parties receive a fair share of the assets and property accumulated during the marriage, taking into account the specific circumstances of the individuals involved.

    Parenting Plans are legal documents that outline how separated or divorced parents will raise their children. These plans typically include details such as custody arrangements, visitation schedules, decision-making responsibilities, and guidelines for communication between parents. They are designed to prioritize the well-being and best interests of the children involved, ensuring that both parents remain actively involved in their upbringing despite living apart. Parenting Plans can help prevent misunderstandings and conflicts between parents, providing a structured framework for co-parenting and fostering a sense of stability and consistency for the children.

    Orders of Protection, also known as restraining orders, are legal mandates issued by a court to protect individuals from harassment, abuse, or violence by another individual. These orders specify certain actions that the abuser must refrain from, such as contacting the victim or coming near them. Orders of Protection serve to create a legal boundary between the victim and the abuser, providing the victim with a sense of security and control over their safety. Violating an Order of Protection can result in serious legal consequences for the offender. These orders are often used in cases of domestic violence, stalking, or harassment to provide protection and peace of mind to the victim.

    Enforcement of divorce agreements/orders refers to the legal process of ensuring that the terms and conditions outlined in a divorce agreement or court order are followed by both parties. This may involve actions such as collecting child support or alimony payments, dividing property according to the agreement, or enforcing custody or visitation arrangements. If one party fails to comply with the terms of the agreement, the other party may seek enforcement through the court system, which can involve penalties such as fines, contempt of court charges, or even jail time. Overall, enforcement of divorce agreements/orders is essential to ensure that both parties uphold their responsibilities and rights as outlined in the divorce settlement.

    Appeals are formal requests made by individuals or organizations to review a decision that has been made by a higher authority. Appeals are typically made in legal proceedings, administrative hearings, or other formal settings where a decision needs to be reconsidered or reversed. Appeals provide individuals with the opportunity to present new evidence, arguments, or perspectives in order to challenge or overturn an unfavorable decision. The appeals process is designed to ensure fairness and accuracy in decision-making by allowing for a thorough review of the facts and circumstances surrounding the original decision.

    There are legal issues and regulations surrounding firearms ownership in the context of divorce proceedings. When a couple goes through a divorce and one or both parties own firearms, there are specific rules and considerations that come into play regarding the ownership, possession, and transfer of firearms. This can include restrictions on owning firearms for individuals with a history of domestic violence, background checks for pistol permits, and the need to comply with state and federal laws regarding firearm possession. It is important to seek legal advice and guidance to ensure that all requirements are met and that the process is handled correctly to avoid any legal complications.

    Mental Health and Firearms Ownership refers to the process of assessing an individual's mental state and potential risks in relation to owning firearms. It involves evaluating the individual's mental health history, current mental health status, and any potential risks or challenges that may arise from owning firearms. This assessment is crucial in ensuring the safety of the individual as well as the general public, as it helps to identify any red flags or concerns that may impact the responsible ownership of firearms. Ultimately, defining the individual's mental health status in relation to firearms ownership is essential in promoting safety, preventing harm, and supporting responsible gun ownership practices.

    Custody refers to the legal right and responsibility of a person or entity to care for and make decisions on behalf of another individual, typically a child or dependent. It involves the physical care and supervision of the individual, as well as the authority to make important decisions about their upbringing, education, healthcare, and general welfare. Custody can be granted by a court order, typically in cases of divorce or separation, or by agreement between parties. There are different types of custody arrangements, including joint custody where both parents share responsibility, sole custody where one parent has full responsibility, and split custody where siblings are divided between parents.

    Child support refers to the ongoing financial assistance provided by one parent to another for the care and upbringing of their child. This support is typically paid by the non-custodial parent to the custodial parent to help cover expenses such as food, clothing, education, and healthcare for the child. Child support is often determined by a court order or a legal agreement between the parents and is intended to ensure that both parents fulfill their financial responsibilities towards their child, regardless of the parents' relationship status. The amount of child support can vary based on factors such as the income of each parent, the needs of the child, and the custody arrangement.

    Spousal support, also known as maintenance or alimony, refers to the financial support provided by one spouse to the other after a divorce or separation. The purpose of spousal support is to ensure that both parties can maintain a similar standard of living post-divorce, especially if one spouse earns significantly more than the other. The amount and duration of spousal support can vary depending on factors such as the length of the marriage, the earning capacity of each spouse, and any financial agreements made during the divorce settlement. Spousal support is designed to help the lower-earning spouse transition to financial independence and mitigate any disparities in income that may arise from the divorce.

    Parenting Plans are legal documents that outline how separated or divorced parents will raise their children. These plans typically include details such as custody arrangements, visitation schedules, decision-making responsibilities, and guidelines for communication between parents. They are designed to prioritize the well-being and best interests of the children involved, ensuring that both parents remain actively involved in their upbringing despite living apart. Parenting Plans can help prevent misunderstandings and conflicts between parents, providing a structured framework for co-parenting and fostering a sense of stability and consistency for the children.

    Orders of Protection, also known as restraining orders or protection orders, are legal directives issued by a court to protect individuals from harassment, abuse, or threats of harm by another person. These orders typically require the offender to stay away from the victim or cease any contact or communication with them. Orders of Protection can also outline specific terms and conditions to ensure the safety and well-being of the victim, such as temporary custody arrangements or mandatory counseling. Violating an Order of Protection is a serious offense and can result in legal consequences.

    Grandparent Visitation refers to the legal right of grandparents to visit their grandchildren, even if the parents have separated or divorced. In cases where the parents are deemed unfit, deceased, or if there is a strained relationship between the parents and the grandparents, the court may grant grandparents visitation rights to maintain a connection with the grandchildren. These laws vary by state and country, but generally aim to prioritize the best interests of the child while also considering the rights of the grandparents to have a relationship with their grandchildren. Grandparent visitation can provide stability, emotional support, and a sense of continuity for the child during difficult family circumstances.

    In family law, relocation refers to the process of one parent moving with their child to a new location, which can have legal implications on custody and visitation arrangements. When a custodial parent wishes to relocate with the child, they may need to seek permission from the court or notify the non-custodial parent. The court will consider various factors such as the reason for the move, the impact on the child's relationship with the other parent, and the best interests of the child before making a decision. Relocation cases can often be complex and emotional, requiring legal guidance to navigate the legal system and ensure the rights and well-being of all involved parties are protected.

    Abuse & Neglect are terms in family law that refer to the failure to provide proper care and attention to a family member, especially a child or dependent adult. It can manifest in various forms, such as physical (deprivation of basic needs like food, shelter, and medical care), emotional (failure to meet the emotional needs of the individual), or educational (not providing a child with adequate schooling). These are considered serious issues as they can have detrimental effects on the well-being and development of the individual. Family law often deals with cases of abuse & neglect to ensure the safety and welfare of those who are vulnerable and in need of protection.

    Adoption is the legal process of taking another person's child into one's family and raising them as one's own. It is a formal process that establishes a legal parent-child relationship between the adoptive parent(s) and the adoptee. Adoption provides the child with a stable and loving home, where they can thrive and grow. It also offers the adoptive parent(s) the opportunity to build a family and provide a nurturing environment for a child in need. Adoption can bring joy and fulfillment to both the child and the adoptive parent(s), creating bonds that last a lifetime.

    A name change proceeding refers to the legal process through which an individual seeks to change their name. This can involve filing a petition with the court, providing a valid reason for the name change, and following any specific procedures required by the jurisdiction. Name change proceedings are often initiated for personal, professional, or cultural reasons, such as marriage, divorce, adoption, or gender transition. Once the court approves the name change, the individual will receive a legal document, such as a court order or certificate, reflecting their new name. It is important to follow all legal requirements and ensure that the name change is properly documented to update identification, official records, and personal documents.

    Appeals are formal requests made by individuals or organizations to review a decision that has been made by a higher authority. Appeals are typically made in legal proceedings, administrative hearings, or other formal settings where a decision needs to be reconsidered or reversed. Appeals provide individuals with the opportunity to present new evidence, arguments, or perspectives in order to challenge or overturn an unfavorable decision. The appeals process is designed to ensure fairness and accuracy in decision-making by allowing for a thorough review of the facts and circumstances surrounding the original decision.

Caring for our loved ones as they grow old can be emotionally challenging and difficult, especially when we see the decline in our loved ones’ ability to maintain their daily routine, their home or their financial well-being. An Article 81 Guardianship in New York is a legal process under the Mental Hygiene Law (MHL) Article 81, which authorizes a court to appoint a guardian to manage the personal and/or financial affairs of an incapacitated adult to help them maintain dignity throughout this stage of life. The purpose of an Article 81 Guardianship is to support individuals who are unable to make decisions or manage their own affairs due to physical or mental incapacities including Alzheimer’s, dementia and physical decline.

Key characteristics of an Article 81 Guardianship in New York:

  1. Incapacity: The court must find that the individual is incapacitated, meaning they are unable to appreciate the nature and consequences of their inability to care for their own property and/or personal needs.
  2. Court-ordered: A judge appoints a guardian after a hearing, where the court evaluates the individual’s capacity and determines the necessary powers for the guardian.
  3. Tailored powers: The court grants the guardian only those powers necessary to meet the individual’s needs, aiming to preserve autonomy to the greatest degree possible.
  4. Reporting requirements: The guardian must file an initial report 90 days after appointment and annual reports thereafter, detailing the individual’s condition and the guardian’s actions.
  5. Court evaluation: An independent court evaluator is appointed to investigate and make recommendations to the court regarding the individual’s capacity and the need for guardianship.

Types of powers granted to an Article 81 Guardian in New York:

  1. Personal needs: Powers related to healthcare, daily living, and personal care.
  2. Property management:Powers related to financial management, including managing assets, paying bills, and making financial decisions.

Who can petition for an Article 81 Guardianship in New York:

  1. The individual themselves (if deemed incapacitated).
  2. Next of kin (spouse, child, parent, sibling).
  3. Any person concerned for the individual’s welfare.

The court’s goal in appointing an Article 81 Guardian is to ensure the individual’s well-being and safety while respecting their autonomy and rights as much as possible.

Consulting a lawyer specializing in adult or elderly guardianship is crucial when considering a guardianship petition, as they will guide you through the legal process, outline your responsibilities, and help you prepare required court documentation, such as the required annual accounting. Additionally, a lawyer can advocate for you in court against any challenges to your guardianship and assist in expanding your authority if necessary. It is essential to act to protect your loved one from potential exploitation, ensuring their well-being and dignity in their later years.

Attorney Hamm specializes in adult and elderly guardianship, providing essential legal support for families faced with the complex challenges of caring for loved ones with diminished capacity due to conditions like dementia or Alzheimer’s. She is an experienced attorney to assist clients in navigating the guardianship process, including filing petitions, understanding roles and responsibilities, managing finances, and making important medical decisions. Attorney Hamm also helps clients explore alternative arrangements such as power of attorney or advanced medical directives, ensuring that individuals can protect their loved ones' well-being and assets while maintaining dignity and comfort during their later years.

What is the Mental Hygiene Law and how does it work?

Mental Hygiene Law Article 81 in New York State outlines the legal framework for appointing a guardian for individuals who are unable to manage their personal or financial affairs due to incapacity. The law establishes the criteria for determining incapacity, the rights of the individual, and the process by which a guardian can be appointed to ensure that the person's needs are met while also protecting their rights and dignity.

The revisions to the New York Guardianship Law in 1993 marked a significant shift in how guardianship cases are handled, focusing on the functional abilities of the alleged incapacitated person rather than a one-size-fits-all approach. The law enables the Court to appoint separate guardians for property management and personal needs and allows for tailored relief that aligns with the individual's specific circumstances. The emphasis on the least restrictive form of control highlights a more personalized and supportive judicial process, where the Court relies on written evidence and witness testimony to assess the level of assistance required. This change reflects an increasing recognition of the rights and needs of individuals under guardianship.

In litigious guardianship proceedings under Article 81, disputes may arise over the necessity of a Guardian, the suitability of candidates for the role, and the extent of the Guardian's powers. The individual deemed incapacitated has the right to contest the appointment and, if they oppose it, the Court will appoint an attorney to advocate on their behalf, ensuring their interests are represented throughout the legal process.

In situations where an incapacitated person is at risk of being victimized or manipulated, the Court has the authority to appoint a Temporary Guardian in emergency circumstances. This allows for immediate protective measures, such as freezing the individual’s bank accounts and assets, to ensure their welfare and preserve their resources while the Court conducts a thorough review of the situation to determine the best course of action.

Our firm represents individuals and organizations in Administrative Hearings and Appeals concerning:

    A New York State (NYS) Fair Hearing on Neglect Finding is a process where an individual can challenge a decision made by a local social services agency (DSS) regarding child neglect or abuse as defined by the Family Court Acts. When a report is "indicated," it means that there is some credible evidence of an instance of abuse or neglect concerning a child. Indicated reports which are unchallenged remain on file with New York State until 10 years after the subject child's 18th birthday (until the child is 28 years old). What are your options if you disagree with a founded report? You have the right to an administrative appeal, but you must begin the administrative appeal within the 30-day window of receiving the indicated report. It is imperative to move quickly to address any reports of abuse or neglect before your options for review expire. There is a specific process of notice to the local department of Social Services and the Office of Children and Family Services which must be completed to ensure your right to an administrative hearing.

    Here’s a breakdown of the process of abuse and neglect adjudication once a 'hotline' is made alleging abuse or neglect of a child or children:

    1. Fact-Finding Hearing: The first part of the process is a fact-finding hearing, where a Family Court judge decides whether child neglect or abuse occurred and who is responsible.
    2. Dispositional Hearing: If the judge finds neglect or abuse, the dispositional hearing determines the child’s placement and living arrangements.
    3. Department of Social Services: In many cases, the Family Court never takes a position on the sufficiency of evidence in abuse and neglect cases, the Department of Social Services often issues letters stating the Department's investigation has determined there is some credible evidence that an instance (or instances) of abuse or neglect have occurred.
    4. Fair Hearing: If the individual named in the abuse or neglect finding disagrees with the findings or decisions made during the fact-finding and dispositional hearings, they can request a Fair Hearing. This is an administrative hearing, not a court proceeding, where an Administrative Law Judge (ALJ) from the NYS Office of Children and Family Services reviews the case.
    5. Purpose: The Fair Hearing provides an opportunity for the individual to present evidence and arguments to the ALJ, challenging the agency’s decision regarding child neglect or abuse.
    6. Process: The individual can request a Fair Hearing upon receiving correspondence from the local Department of Social Services 'indicating' the case. PLEASE NOTE: there are specific timeframes which must be respected in order to request a hearing, so it is imperative to act quickly if you receive an 'indicated' letter.
    7. Hearing: The ALJ conducts the Fair Hearing, and both the individual and the agency representative present their cases. The ALJ reviews the evidence and makes a written decision, which may affirm, modify, or reverse the agency’s original decision.
    8. Compliance: If the individual disagrees with the Fair Hearing decision, there are additional layers of appeal/ hearings available which can best be described to you by your attorney, should those levels of appeal be necessary.
In the context of child welfare, a “founded” report typically indicates that a DSS investigation has substantiated allegations of abuse, neglect, or dependency, and the child(ren) involved are deemed to be at risk or have been harmed. This outcome is often contrasted with an “unfounded” report, which means that the allegations were deemed to be baseless or without merit.

A “founded” report may trigger various consequences, including:

  1. Removal of the child(ren) from the home and placement in foster care or with a relative.
  2. Mandatory reporting to law enforcement or other authorities.
  3. Mandatory participation in services or interventions, such as parenting classes, counseling, or substance abuse treatment.
  4. Potential termination of parental rights in extreme cases.

In the context of DSS, a “founded” report would likely involve a comprehensive assessment of the situation, including:

  1. Interviews with the child(ren), parents, and other relevant parties.
  2. Review of medical and psychological records.
  3. Observation of the home environment and interactions between family members.
  4. Assessment of the parents’ ability to provide a safe and nurturing environment.
The DSS investigation would aim to determine whether the allegations of abuse, neglect, or dependency are supported by evidence and whether the child(ren) are at risk of harm. If the investigation finds evidence to support the allegations, the DSS would typically issue a “founded” report, triggering the above-mentioned consequences. Please note that the specific terminology and procedures may vary depending on the jurisdiction and local child welfare agency. If you have received a letter from the Department of Social Services that you are alleged to have abused or neglected a child or children, you likely need representation. You should contact an attorney immediately to protect your rights.

  • Justice Center for the Protection of People with Special Needs
  • New York State Justice Center for the Protection of People with Special Needs (NYS Justice Center) is a state agency responsible for investigating and addressing allegations of abuse, neglect, and significant incidents involving individuals with special needs, including those with developmental disabilities, mental illness, and physical disabilities. The agency’s jurisdiction covers over 1 million individuals receiving services from six state agencies: Office of Mental Health, Office for People with Developmental Disabilities, Office of Alcohol and Substance Abuse Services, Office of Children and Family Services, Department of Health, and State Education Department.

    The NYS Justice Center’s key responsibilities include:

    1. Operating a centralized, statewide 24-hour hotline for reporting incidents.
    2. Investigating serious allegations of abuse and neglect.
    3. Maintaining a list of individuals found responsible for egregious or repeated acts of abuse or neglect.
    4. Performing criminal history background checks for state agencies.
    5. Assisting with prosecuting criminal acts of abuse and neglect.
    6. Analyzing abuse patterns and trends to prevent future occurrences.

    The agency’s goal is to ensure the safety and well-being of individuals with special needs by:

    1. Advocating on behalf of individuals receiving services.
    2. Providing oversight of quality of care.
    3. Disciplining individuals and agencies found responsible for abuse or neglect.
    4. Prosecuting criminal acts of abuse and neglect.
    The NYS Justice Center also provides advocacy services, assistance for victims and their families, and referrals to services outside New York State. Its creation reflects a departure from traditional oversight, as it unites all specialized agencies, vulnerable individuals with diverse needs, and custodians and employees under one additional layer of uniform rules and regulations.

  • NYS Office of Children and Family Services
  • The NYS Office of Children and Family Services (OCFS) is a state agency responsible for promoting the safety, permanency, and well-being of children, families, and communities throughout New York State. OCFS has its headquarters in Rensselaer and operates under the Department of Family Assistance.

    Key Responsibilities:

    1. Child Welfare Services: OCFS oversees programs and services for foster care, adoption, and adoption assistance; child protective services, including the Statewide Central Register of Child Abuse and Maltreatment; and preventive services for children and families.
    2. Juvenile Justice: The agency is responsible for administering and managing residential facilities for youth remanded to its care.
    3. Early Childhood Programs: OCFS provides funding and oversight for early childhood programs, including child care and referral services.
    4. Vulnerable Adult Services: The agency protects vulnerable adults through programs and services, including adult protective services.

    Operating Principles:

    1. Developmentally Appropriate: Services should be tailored to meet the unique needs of children and families.
    2. Family-Centered and Family-Driven: Services should prioritize the involvement and empowerment of families.
    3. Community-Based: Services should be delivered in community settings, whenever possible.
    4. Locally Responsive: Services should be tailored to meet the specific needs of local communities.
    5. Evidence and Outcome-Based: Services should be grounded in research and evaluated based on outcomes.

    Hotlines and Resources:

    1. Child Abuse & Maltreatment Hotline: 1-800-342-3720 (Toll-Free)
    2. Vulnerable Persons Central Register (VPCR) Hotline: 800-624-4143 (Toll-Free)
    3. Abandoned Infant Protection Act Hotline: 1-866-505-SAFE (7233) (Toll-Free)
    4. Adult Protective Services: 1-844-697-3505 (Toll-Free)

    Contact Information:

    NYS Office of Children and Family Services: 52 Washington Street Rensselaer, NY 12144
    Phone: 518-473-7793
    Website: ocfs.ny.gov

    The New York State Department of Motor Vehicles (NYS DMV) is a state government agency responsible for regulating and administering various motor vehicle-related services and laws in New York State. Its primary objectives include:

    1. Vehicle Registration: Issuing and renewing vehicle registrations, including titles, plates, and stickers.
    2. Driver Licensing: Issuing and renewing driver’s licenses, learner’s permits, and non-driver identification cards.
    3. Motor Vehicle Inspections: Conducting safety inspections of vehicles to ensure compliance with state regulations.
    4. Traffic Violations: Adjudicating traffic violations, including issuing summonses and handling payment of fines.
    5. Motor Carrier Regulation: Overseeing commercial vehicle operations, including trucking and bus companies, to ensure compliance with safety and regulatory standards.
    The NYS DMV is headquartered in Albany and has regional offices and satellite locations throughout the state. Its services are available online, by phone, and in-person at DMV offices.

    Key Facts:

    • The NYS DMV is responsible for issuing over 12 million vehicle registrations and 5 million driver’s licenses annually.
    • The agency employs over 1,500 staff members statewide.
    • The NYS DMV is governed by the Commissioner of Motor Vehicles, who is appointed by the Governor.

    Some notable services and initiatives offered by the NYS DMV include:

    • Online services for vehicle registration, driver’s license renewal, and traffic ticket payment.
    • REAL ID and Enhanced Driver’s License options for enhanced identification and travel purposes.
    • Commercial Driver’s License (CDL) services for truckers and bus operators.
    • Motorcycle and boat registration services.
    • Vehicle title and lien services for vehicle owners.

    Overall, the NYS DMV plays a critical role in ensuring public safety, maintaining vehicle registration and licensing records, and enforcing motor vehicle laws in New York State.

      Property disputes are legal conflicts that arise between individuals or entities over the ownership or rights to a specific piece of real estate or property. These disputes can involve various issues such as boundary disputes, easements, nuisance claims, title defects, or breach of contract related to property transactions. Property disputes often require resolution through legal means, such as mediation, arbitration, or litigation in court. Resolving property disputes can be complex and may involve examining deeds, title records, surveys, and other documents to determine ownership rights and responsibilities. It is essential to seek legal advice from a qualified real estate attorney to protect your interests and rights in property disputes.

      Partition actions refer to legal proceedings that involve the physical division or sale of property owned jointly by two or more parties. These actions are typically taken when co-owners cannot agree on how to manage or divide the property among themselves. Partition actions can be initiated for various types of properties, including real estate, personal belongings, or business assets. The court may order a partition in kind, where the property is physically divided among the co-owners, or a partition by sale, where the property is sold, and the proceeds are distributed among the co-owners according to their ownership interests. It is essential to seek legal advice when considering partition actions to understand your rights and obligations in the process.

      Contract disputes refer to disagreements or conflicts that arise between parties involved in a contractual agreement. These disputes can arise due to various reasons such as breach of contract, disagreement over terms or conditions, or failure to fulfill obligations. Resolving contract disputes often involves legal procedures, negotiations, or mediation to reach a mutually acceptable resolution. The terms and conditions outlined in the contract serve as the basis for determining the rights and responsibilities of each party in the event of a dispute. It is essential for parties to clearly define their obligations and expectations in the contract to minimize the risk of disputes and ensure a smooth business relationship.

      Business formation refers to the process of legally establishing a new business entity. This includes registering the business with the appropriate government authorities, such as obtaining a business license, tax identification number, and any necessary permits. Business formation also involves structuring the business entity, such as deciding whether it will be a sole proprietorship, partnership, limited liability company (LLC), or corporation. This process typically involves drafting legal documents, such as partnership agreements or articles of incorporation, that outline the ownership structure and operational guidelines of the business. Ultimately, business formation is a critical step in establishing a new venture and ensuring that it complies with all legal requirements.

      Contract negotiation and drafting refer to the process of reaching mutually beneficial agreements between parties and formalizing those agreements into written contracts. During contract negotiation, parties discuss the terms and conditions of the agreement, such as pricing, delivery schedules, and responsibilities of each party. Negotiation aims to ensure that the final contract reflects the interests and concerns of all parties involved. Once negotiations are finalized, the agreements are drafted into a formal contract document, which outlines the rights, obligations, and remedies of each party. Effective contract negotiation and drafting require a clear understanding of legal principles, strong communication skills, and attention to detail to create agreements that are clear, enforceable, and protect the interests of the parties involved.

      Contract litigation refers to legal disputes that arise between parties over the terms, obligations, or performance of a contract. It involves resolving conflicts and enforcing contractual rights through court proceedings. In contract litigation, the parties involved typically seek legal remedies such as monetary damages, specific performance, or contract termination. This process may involve gathering evidence, presenting arguments, and ultimately seeking a resolution through a judgment issued by a court. Contract litigation can be complex and time-consuming, requiring the expertise of experienced attorneys who specialize in contract law to navigate the legal complexities and protect the interests of their clients.

      Buy/sell contracts are legally binding agreements that outline the terms and conditions of a transaction between a buyer and a seller. These contracts typically detail the price, quantity, quality, and delivery terms of the goods or services being exchanged. In cases where disputes arise between the parties involved, litigation may be necessary to resolve the issues at hand. Litigation refers to the legal process of taking a dispute to court in order to seek a resolution through a judicial decision. When buy/sell contracts lead to disagreements or breaches of contract, litigation may be initiated to protect the rights and interests of the parties involved and to enforce the terms of the agreement.

      Business tax assessments refer to the evaluation and calculation of taxes imposed on businesses by governmental authorities. These assessments are based on various factors such as revenue, profits, assets, and other financial data provided by the business. The purpose of business tax assessments is to determine the amount of tax that a business owes to the government and ensure compliance with tax laws and regulations. Business tax assessments are typically conducted annually or at specific intervals, depending on the tax jurisdiction and business type. It is essential for businesses to accurately report their financial information and cooperate with tax authorities to avoid penalties and legal consequences.

    Our attorneys are firearms enthusiasts, active competitors, collectors and hunters.
    We have a wide range of experience and are ready to provide our expertise with:

      Reviewing applications submitted by individuals seeking legal authorization to own and carry a pistol. This includes verifying the applicant's eligibility based on criteria such as age, criminal history, mental health status, and completion of required training. We also provide guidance and support to individuals navigating the complex application process, ensuring all necessary documentation is completed accurately and in a timely manner. This assistance may include answering questions, offering resources, and facilitating communication with relevant authorities to streamline the application process.

      "Pistol permit suspension and revocation hearings and appeals" refer to the legal procedures involved when a pistol permit is at risk of being suspended or revoked. These hearings typically allow the permit holder to present their case and provide evidence on why their permit should not be taken away. Appeals processes may also be available for permit holders who wish to challenge a decision to suspend or revoke their permit. Overall, these hearings and appeals ensure that due process is followed and that individuals have the opportunity to defend their right to possess a pistol permit.

      The process of challenging a firearm background check denial through the National Instant Criminal Background Check System (NICS). When a potential buyer is denied the purchase of a firearm due to a failed background check, they have the right to appeal the decision. This involves submitting a request for a review of the denial, providing additional information or documentation to support their case, and ultimately seeking to overturn the initial decision. NICS Denials and Appeals are important mechanisms in ensuring the accuracy and fairness of background check results, while also protecting individuals' rights to legally purchase firearms.

      "Unlawful Seizure of Firearms" refers to the illegal confiscation or taking of firearms by individuals or authorities without proper authorization or legal justification. This act violates the Second Amendment rights of individuals to bear arms and is considered a serious offense in many jurisdictions. It can include actions such as confiscating firearms without a warrant, seizing guns based on false information, or taking guns from lawful owners without due process. Unlawful seizure of firearms undermines the rights of gun owners and can have serious legal consequences for those involved in such activities.

      "Firearms related charges" refer to legal accusations or offenses involving the use, possession, sale, or trafficking of firearms. These charges may include unlawful possession of a firearm, carrying a concealed weapon without a permit, brandishing a firearm in public, or using a firearm in the commission of a crime. The severity of firearms-related charges can vary depending on the specific circumstances and applicable laws in a given jurisdiction. Convictions for firearms-related charges can result in significant legal consequences, such as fines, probation, loss of the right to possess firearms, and even imprisonment. It is important for individuals facing firearms-related charges to seek legal counsel to understand their rights and options for defense.

      Returning firearms from law enforcement refers to the process of giving back confiscated or temporarily held weapons to their rightful owners, typically after a specified period or upon meeting certain conditions. This is usually done following investigations, court cases, or other legal proceedings where the firearms were involved as evidence. The return of firearms from law enforcement aims to ensure that individuals are able to reclaim their property lawfully and in compliance with regulations and procedures set by the relevant authorities. It is important to note that the handling and return of firearms by law enforcement agencies are subject to strict protocols and security measures to prevent misuse or mishandling of the weapons.

      Certificates of Relief from Disabilities are legal documents issued by a court that provide individuals with certain criminal convictions relief from specific legal disabilities or restrictions. These certificates are designed to help individuals with past criminal convictions to overcome barriers to opportunities such as employment, housing, and occupational licensing. By granting relief from certain legal disabilities, these certificates aim to support reintegration into society and promote rehabilitation. It is important to note that the specific benefits and eligibility criteria for Certificates of Relief from Disabilities may vary by jurisdiction.

      An order of protection is a legal document issued by a court to help protect individuals from domestic violence, harassment, stalking, or other types of abuse. This court order prohibits the abuser from contacting or being near the victim, their home, workplace, or children. Orders of Protection can also include provisions for temporary custody of children, financial support, and other necessary protections. Violating an order of protection is a serious offense and can result in legal consequences. These orders are meant to provide victims with a sense of security and prevent further harm or acts of violence. If you are experiencing abuse or harassment, seeking an order of protection from the court can be an important step in keeping yourself safe.

      There are legal issues and regulations surrounding firearms ownership in the context of divorce proceedings. When a couple goes through a divorce and one or both parties own firearms, there are specific rules and considerations that come into play regarding the ownership, possession, and transfer of firearms. This can include restrictions on owning firearms for individuals with a history of domestic violence, background checks for pistol permits, and the need to comply with state and federal laws regarding firearm possession. It is important to seek legal advice and guidance to ensure that all requirements are met and that the process is handled correctly to avoid any legal complications.

      Mental Health and Firearms Ownership refers to the process of assessing an individual's mental state and potential risks in relation to owning firearms. It involves evaluating the individual's mental health history, current mental health status, and any potential risks or challenges that may arise from owning firearms. This assessment is crucial in ensuring the safety of the individual as well as the general public, as it helps to identify any red flags or concerns that may impact the responsible ownership of firearms. Ultimately, defining the individual's mental health status in relation to firearms ownership is essential in promoting safety, preventing harm, and supporting responsible gun ownership practices.

      A will, also known as a last will and testament, is a legal document that outlines how a person's assets and estate will be distributed after their passing. It also typically designates an executor to carry out these wishes.
      A health care proxy is a legal document that appoints someone to make medical decisions on behalf of an individual if they become incapacitated and unable to communicate their own wishes.
      A living will, on the other hand, is a document that expresses an individual's preferences for medical treatment in case they are unable to communicate their wishes themselves. This document may include instructions about life-sustaining treatments, end-of-life care, and organ donation preferences.

      A Trust is a legal arrangement in which property or assets are managed by a trusted person or entity for the benefit of another person or organization. A Trust can be used to safeguard assets and ensure they are managed according to the wishes of the Trust creator. Special Needs Trust, also known as a Supplemental Needs Trust, is a Trust specifically designed to provide for the needs of a person with disabilities without jeopardizing their eligibility for government benefits. This type of Trust allows individuals with special needs to receive additional financial support while still qualifying for essential assistance programs. Special Needs Trusts can offer peace of mind for families and caregivers by ensuring ongoing care and support for their loved ones with disabilities.

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