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Counsel

The Best Tip You’ll Ever Learn About How to Fight a Restraining Order

When a father is trying to figure out how to fight a restraining order as part of the divorce process, he often receives advice from the people around him. His parents, friends, colleagues – plus his lawyer if he’s chosen to hire one to represent him in court whilst fighting a restraining order.

The problem is that a lot of advice is given which isn’t easy or practical to follow. This article has been written for fathers who are trying to figure out how to fight a restraining order, to give them a really good tip which helped me immensely during my divorce (before I won custody of my two sons). I just wish I’d been told about this earlier. The tip is this:

Keep a journal, or two – perhaps for the first time in your life.

If you’re wondering why on earth a couple of journals might help you on your struggle to fight a restraining order, I’ll explain.

Firstly, Journal #1 is a practical thing. And it’s the most important one. In it, you need to record every thought, movement, communication and action that has any bearing on your divorce case and/or the restraining/protection order, along with any paperwork. Examples of the types of things I’m talking about are:

Dates, times of your daily activities

The names and places where you met anyone or talked to

Store receipts

Email communications

Journal #1 should remain factual, accurate, and very brief (just a 5 minute summary before you got to bed each night is enough). This can be a crucial piece of evidence which can help you during your defense in court, because it’s unlikely that your ex will be organised or smart enough to realise what you’re doing.

In my own case, I was able to figure out how to fight a restraining order not through my lawyer (who I ended up firing due to a mix of incompetence and lack of funds), but based on evidence supplied via my own journals, and admitted into the courtroom. For example, a store receipt from two towns over proved that the temporary (ex parte) restraining order violation I was accused of at my ex’s home never took place. I was able to pinpoint the time and date I’d been in the store, so camera records could be requested!

If I’d not kept that receipt, fighting a restraining order would have been much harder.

The second journal you should keep is a private record of your own thoughts on how to fight a restraining order, or your frustration at the divorce or custody case. This is just meant to help you feel less angry (even though it’s entirely justified to feel like that). Just make sure that you put these words at the start of every entry in Journal #2 so that it can’t be subpoenaed as evidence against you if your ex ever gets hold of it:

“To My Attorney, [his or her name]”

I hope the above information has been useful – too many fathers are having to fight a restraining order during custody/divorce cases these days, and I want to spread the word that it IS possible to win 100% custody of your children, if only you make the right moves for them.…

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General Article

Cyber Crime – Tips for Protecting Your Personal Data

Cyber Crime – Tips for Protecting Your Personal Data

Did you know that cyber crime is a multi-billion dollar industry? Probably not. You probably also didn’t realize that your personal data is the currency.

We’ve all seen films and TV shows where millions of dollars were stolen from banks by young, attractive bad boys (who just happen to also be computer experts). While this may occasionally happen, real cyber crime at the consumer level occurs one credit card at a time, one phishing scam at a time, one identity theft at time-and usually by organized criminals.

Cyber crime is a reality. So, question becomes: how do we keep our personal data out of the mix?

Hindsight is 20-20 and, as a result, one of the best ways to learn what to do in the event of a security breach is to learn from the mistakes of others. Below are two examples of hacks we can learn from:

The Epsilon Security Breach

In April, Epsilon, an email marketing company that is responsible for sending out promotional email for large retailers like Sears and Target, was severely hacked. Since Epsilon’s databases don’t store large quantities of consumer credit card information, no real data was stolen except for consumer names and email addresses and the retail stores that those consumers frequented.

Though the Epsilon security breach didn’t allow credit card or other sensitive information to be stolen, this data breach did set up consumers to become the victim of phishing scams. The problem is, that after receiving promotional emails from trusted companies like Sears over many months, loyal customers can be presented with fake emails from places far away (Yugoslavia perhaps) that send them to equally fake websites-without ever noticing they’ve been tricked.

These websites, set up to look just like the real company websites, are designed to con consumers into entering private information — credit card information, for instance. When faced with such deceptive websites, studies show that 1 in 7 consumers fall for a phishing attack.

A tip that every consumer should know: never let yourself be led to a website from a link within an email. If you didn’t enter the site address yourself or pick it from your favorite list, just don’t go there. It could be part of a sophisticated scam.

The Sony Data Breach

The second instructive and most visible breach surrounds Sony and the various times this corporation has been hacked over the past few months. Hackers breached Sony’s data center in late April 2011 and extracted millions of user accounts that contained personal information-including credit card numbers. In the days following the attack, there was a reported auction of 100,000 credit cards, each of which would be used for fraud.

There are two lessons about how not to become a victim that consumers can learn from this breach.

If you have a credit card in a network that has been breached, cancel it immediately. Canceling a card takes minutes, recovering from credit card fraud or identity theft might take weeks. The potential damage done could affect your credit score for years.

Another way to protect yourself is to sign-up for a low limit credit card to use when making purchases on the Internet. In this case, if a breach did occur, at worst you’d be out a few hundred dollars but your primary financial world would be intact.

Protecting Your Data

Overall, it is important to think about the information you put in the hands of companies. Only a fraction of the breaches that take place actually get reported. To make matters worse, many companies don’t recognize when they have been breached. Epsilon, for instance, discovered their breach by accident several weeks after the event. The more places you trust your data, the higher the odds you’ll be one of the millions of consumers who become a victim of cyber crime.…

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General Article

The Dangers of Cybercrime

The Dangers of Cybercrime

The internet is better known as a wonderful resource by many numbers of people. Many people will talk of the many positives that the internet has provided and how further growth of the internet has spurred many good things. The internet has become accessible through the mobile devices making it become a part of daily life whether at the workplace or at home. The growth of the internet cannot be said to be so smooth or so uneventful and security risks have been identified and continue to grow.

There are many dangers which abound all over the internet. Incidences of crime are never isolated and have been very common. These criminal activities are the hacking and cracking by criminals, spamming, phishing, denial of service attacks, credit card fraud, email spying, viruses and malware, software piracy and cyber bullying. These are just a repertoire of problems encountered when online and surfing the internet. These are the work of various groups and individuals whose main aim is to take control of networks, user accounts, websites and any other resource and use it to their advantage and gain and other malicious damage to property.

Cyber crime should not have ourselves resigned to fate as helpless victims at the hands of cyber criminals. Instead, effort should be placed at working hard to get to protect devices and infrastructure as well as to stop the cyber attacks. The best thing about averting cyber crime is that an individual must not be a technology geek or guru to prevent crime. Solutions have been crafted to help at shutting out the attacks while some practices need to be in place so as to ensure safe internet browsing and other interactions when online. With such steps in place hackers, criminals and malware will only attack those who do not have protection against attacks and malware. This arises from the fact that hackers and criminals will always want to have it easy in exploiting people who do not have appropriate protection.

The dangers posed by cyber crime are many but the most important is to keep away from the different crimes in the cyber world. We will have a look at three of the major cyber crimes which we should strive to keep away from.

Fraud schemes

The abundance of fraud schemes over the internet may see many people falling prey to criminals who craft all these schemes. Most fraud is aimed at stealing from internet users their finances, information, identity, data and ideas. Defrauding and stealing from people has been the biggest cyber crime and this crime continues to grow as the internet grows. Fraud on the internet is considered more dangerous due to the scope to which the crime impacts both individuals and even businesses and organizations. Fraud is achieved through hacking into personal computers and personal data. Data targeted is for example credit card information, social security numbers and other forms of data aimed at getting your identity or your financial details. To protect oneself from fraud, an individual has to be very careful of visiting sites which would otherwise be trouble, desist from opening emails from unknown persons and downloading just anything from the internet.

Cyber bullying

Cyber bullying happens to be any kind of harassment that is perpetrated via use of technology and especially over the internet. Bullying has been differentiated from online fighting which happens between two people via comments. Bullying happens when an individual is targeted and gets harassed. It has been easy that people hide behind electronic devices, websites and user accounts and perpetrate this crime. Harassment and bullying should be reported promptly and it is detrimental especially to the young internet users especially of school going age. Cyber bullying takes a whole new dimension since what cannot be said by word of mouth can be done and said online. Freedoms and expansion of the internet comes with responsibility and this should be practiced across the board.

Sexual harassment

The importance of exhibiting appropriate behavior while online, especially on social media cannot be overemphasized since even noble and harmless intentions can get out of hand. On the social media sites, friends may take personal photos and for some noble reasons share the photos with their friends. Taking a different twist, the photos could take to the internet and get viral quickly finally ending up in the hands of total strangers who harbor malicious intentions. The most dangerous people out there in the cyber world when it comes to cybercrimes are pedophiles ready to fulfill their fantasies. Child pornography, child luring and sexual harassment are the biggest cyber crimes

These are some crimes which responsible internet users should distance and always endeavor to desist from or risk facing consequences and having a deleterious impact on the cyber world.…

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General Article

Should Criminals Lose Their Human Rights?

Should Criminals Lose Their Human Rights?

I say,” Yes, they should!” Why do innocent victims have less ‘human rights’ than those who commit crimes? I remember when you could walk safely in the darkest of places and even if a shadowy figure emerged from the darkness, you didn’t feel any fear. That was in the good old days when Carmarthenshire had a long spell of no murders for years, when violence was a scuffle outside the pub or club, usually at closing time. This was more often than not sorted out by the respective mums, wives or girlfriends before anything serious occurred. And if Constable Evans was seen on patrol at 10 o’clock at night, on his own, unarmed, everyone would dive for cover or just stand perfectly still until he had gone by. A barely audible, “Everything alright, is it?” would bring silent nods all round and on his way he would go.

That seems to be a story from a different planet! Somebody seems to be killed every day now a days. What on earth has gone so tragically wrong? Well I have a theory about actions and consequences. I used to teach science and especially physics for many years. I always thought I was lucky to do so, rather than teaching ‘desk bound’ subjects like maths or English. Both of which I have also taught, by the way. But in the science lab., I felt I had an inbuilt sanction that worked well, since the majority of pupils wanted to be doing things rather than just writing. They enjoyed the relative freedom of experiments. If there was any silliness, I would say something like, “If you can’t behave yourselves while writing or listening, then it’s far too dangerous to allow you to try experiments.” But the clincher was this, “You know the score, if you choose to be disobedient, then you have chosen not to do experiments. It’s your choice.” A perfect example of actions and consequences.

Now, of course, it had to be followed through, otherwise there would be absolutely no discipline what so ever! But if it was followed through with a new class, and there was some times a little trouble at the beginning of the school year, especially at the beginning of my teaching career, then discipline could safely be left to the members of the class who wanted to do experiments! After a while, word of mouth ensured that I had very little trouble in or out of the classroom. It’s a bit like Saudi Arabia. Not many thieves there. Why? Well they chop off your hand. Rather a drastic sanction, I’ll admit, but you can’t say it doesn’t work. These days, sanctions are really down to strength of character, because if the truth be told, there are very few real sanctions available, whether it’s in the classroom or on the street. There is no fear of retribution. Something I feel is all wrong.

Now, don’t get me wrong. I’m not an advocate of bringing back hanging or the birch or anything like that! No, there are more humane sanctions that can be used. Detention for short periods so that a desired activity cannot be enjoyed, for example. “But, what about his/her ‘human rights’?” I can hear. What about them? If it were made clear from the outset that if a certain set of rules were not adhered to, then certain, defined sanctions would be applied, how can anyone’s human rights be abused? The offender has chosen to carry out certain anti-social actions and has therefore chosen to put up with the consequences, i.e. a certain punishment. There cannot possibly be any abuse of a person’s human rights in that case. If, for instance, it was decided and made clear and part of the ‘Law of the Land’, that if anyone enters a building uninvited, for whatever reason, then they have chosen to give up their ‘human rights’ in that situation, the incidences of breaking and entering would surely fall fairly quickly.

Once the idea that they do not have any ‘human rights’ in those circumstances and whatever happens to them, they have no recourse to ‘human rights’ legislation, then surely they would think twice before breaking and entering? Why is it that the ‘human rights’ of criminals is paramount? It should not be. Silly ‘do-gooders’ who plead that criminals should not be victimised because they ‘had a hard upbringing’, ‘did not have this or that when they were young’ or whatever excuse is trotted out, should start thinking about the law abiding people who have had equally deprived upbringings, but don’t take it out on the rest of society. Yes, we have laws in this country and we have sanctions, but there doesn’t seem to be any consistency. What are we …

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Law Firms

Stop the Middle of the Night Prank Calls

Stop Unknown Prank Phone Calls in the Middle of the Night:
When your phone rings in the middle of the night it can scare you right out of your sleep. You may instantly jump to the wrong conclusion and frantically run to your phone expecting that there has been a horrible family emergency. This can get your heart pounding and have you shaking as you answer the phone. Imagine your surprise when you answer the phone to hear nothing but heavy breathing or laughter and a hang up on the other end of the line.
These middle of the night prank calls are no fun and you will want to do what you can to put an end to them. That’s why you will be glad to learn that you can do a reverse cell phone lookup right on your computer. The search results from the reverse cell phone lookup will provide you with all of the information that you need to put a stop to those middle of the night prank calls.
The next time that you are awakened from your sleep by a prank caller, you will want to make sure that you take that phone number to your computer the next day and have a reverse cell phone lookup performed on it. This will give you all the information on the caller that you need to turn it over to the authorities.
A reverse phone lookup is great resource to identify phone numbers so you can obtain the caller or caller’s parents name and address and put an end to annoying and harassing prank phone calls in the middle of the night. By using this service you will be able to take the power away from the caller and show them that they can’t get away with harassing you and your family.…

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General Article

The Prison-Slavery Connection

The Prison-Slavery Connection

The words of the 13th Amendment connect the institutions of prison and slavery. That constitutional amendment outlawed chattel slavery of African-Americans but preserved involuntary servitude for those duly convicted of crimes. In other words, prisoners can be sentenced to hard labor and are not entitled to compensation for their involuntary servitude. The 13th Amendment draws a line between slavery one does not deserve and slavery one has earned through criminal behavior.

There has always been a connection between criminals, prisoners and slaves. Prisoners and slaves are the lowest-ranking segments of a society. Criminal punishment throughout history sometimes involved being sold into slavery. Indentured servitude in North American colonies commonly resulted from convictions for petty crimes in Britain and other European countries. Ancient societies enslaved destitute debtors and war captives.

The roles of prison and slavery changed dramatically with the abolition of chattel slavery and the exponential growth of modern incarceration in America. But the similarities are still there. Some things never change. Prisoners and slaves live under the strict control of others, tend not to be well-educated, have markedly reduced freedom, often dream of escape and survive at the bottom rung of society. Wardens and slaveholders seek to keep their charges out of trouble. Slaveholders in the U.S. worked their slaves, but wardens in modern times do not often have that option, because restrictive legislation strongly inhibits prison industries and labor.

As a percentage of population, the United States incarcerates five (5) times more prisoners than the world as a whole imprisons. We incarcerate African-Americans at much greater rates than other races. This leads to the observation that mass incarceration in America amounts to “New Age slavery.” A perpetual vicious cycle seems to rule. Slavery in its different forms dies a hard death. It’s more than a single institution. Instead, it’s another way of saying that there will always be a bottom class. The lowest, most vulnerable or least powerful segments of society will often serve involuntarily. Revolutions and turmoil create new elites and different slave classes. Communist, fascist and other regimes sent millions into slave labor or extermination camps. International trafficking in persons now results in millions of slaves, unfortunates who labor under very difficult conditions, some as sex objects. Countries without law and order permit more enslavement. Some people always occupy the lowest level of society and are kept there by force.

Prisons come in different forms. Some are rows of cells stacked on top of each other. Others are work camps, former plantations or minimum security housing complexes. Slaves also come in different guises. Slaves can be farm laborers, prostitutes, debtors, industrial workers or domestic servants. Slaves can be of the highest moral character or the lowest. Slavery can be deserved or undeserved.

One thread running through slavery is the power differential between masters and slaves. That enslaving power can be legal or illegal, driven by different motives and applied with varying techniques. Slavery has existed in the worst tyrannies imaginable and in the United States of America after Americans espoused and selectively practiced the highest ideals of liberty and equality. The involuntary servitude we see in America today is most often incarceration. A criminal duly convicted of a crime becomes an involuntary servant or slave, although now we call our slaves “prisoners.” If we view “slavery” as the lowest social echelon, we must accept that some group always lives at the bottom.

Right now, that lowest social strata is a prison and jail population of 2.3 million Americans and a national correctional population, including those on probation and parole, of 7.3 million. We ought to judge a nation by the way it treats the least of its people. Some form of slavery or involuntary servitude appears inevitable in highly stratified cultures. The critical questions are how we create and treat our involuntary servants.…