15 February

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Child Abuse & Neglect

The Federal Child Abuse Prevention and Treatment Act (CAPTA) defines child abuse and neglect as, at minimum: “any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation” or “an act or failure to act which presents an imminent risk of serious harm”. Federal legislation sets minimum standards for states and each state is responsible for defining child maltreatment. Definitions of child abuse and neglect are typically divided in either civil statutes or criminal statutes. Civil statutes provide definitions of child maltreatment to guide...

01 August

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Children of Divorced Same-Sex Parents

Posted by Burton Firm

in Child Custody, Child Support, Divorce

Since same-sex marriage is legal in the state of Maryland, it is important to understand the nuances and issues that could arise from divorce of same-sex marriage, including that of children. A child born or conceived during a marriage is presumed to be the legitimate child of both spouses, not just the spouse who gave birth to the child. In the past when a same sex couple adopted a child in the state of Maryland, only one of them actually adopted the child from the agency, country or service because two people without a legal tie to one another are...

15 February

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Domestic Violence

Posted by Burton Firm

in Domestic Violence

What is Domestic Violence? Maryland law defines domestic violence “abuse” as the occurrence of one or more of the following acts between “family or household members”: Assault An act that places a person in fear of imminent serious bodily harm An act that causes serious bodily harm Rape or sexual offense Attempt rape or sexual offense Stalking False imprisonment, such as interference with freedom, physically keeping you from leaving your home or kidnapping you. What Can the Courts Do? Depending on your relationship to the alleged abuser, there are two types of civil relief: a protective order and a peace order. Protective orders are the main vehicle of civil relief...

15 January

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Identity Theft

Posted by Burton Firm

in Criminal Defense

Recent identity theft statistics released by the Federal Bureau of Investigation, claim that 9.91 million Americans were identity theft victims and have experienced losses totaling $52.6 billion. These statistics show that identity theft occurs much more often than the average person assumes. Under Maryland’s laws, it is a crime to possess or obtain a person’s personal identifying information, including their name, address, social security number, bank account number, or credit card number, without the person’s permission in order to use the information to obtain credit or goods or services. It is considered identity theft or identity fraud. Identity theft is a...

01 June

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Identity Theft Defense

Posted by Burton Firm

in Criminal Defense, Identity Theft Defense

Recent identity theft statistics released by the Federal Bureau of Investigation, claim that 9.91 million Americans were identity theft victims and have experienced losses totaling $52.6 billion. These statistics show that identity theft occurs much more often than the average person assumes. Under Maryland’s laws, it is a crime to possess or obtain a person’s personal identifying information, including their name, address, social security number, bank account number, or credit card number, without the person's permission in order to use the information to obtain credit or goods or services. It is considered identity theft or identity fraud. Identity theft is a...

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