Peace Order and Protective Orders

The main difference between a Peace Order and a Protective Order in Maryland is that the Peace Order is for protection from an unrelated person, like a friend, coworker, or ‘crazy’ person, while the Protective Order is appropriate for a domestic violence situation or from someone related to you by blood or marriage (applicable also for couples that have or do live together or have a child together). Continue reading

Maryland’s Driver Laws and the Point System.

One of the most common questions drivers in Maryland have when they receive a traffic citation is “how will this affect my driving status in Maryland?”

In Maryland, traffic laws are handled two ways: One is via the court system (judicial branch), which adjudicates the “criminal” side of vehicle laws.  For example, the court can assess penalties, fines, and even impose jail time if you are found guilty of certain traffic offenses. Continue reading

Trademark and the Intent-To-Use Application

By Christopher Simmons, Law Clerk, Webb & Wolf

The following memorandum was prepared to answer the questions: What is an intent-to-use application? And, What constitutes trademark infringement.

Trademarks Generally 

A “trademark” is a distinctive mark, symbol, or emblem used by a producer or manufacturer to identify and distinguish his goods from those of others.  Ownership of trademark requires combination of both appropriation and use in trade, and thus, neither conception of mark nor advertising alone establish trademark rights at common law, but rather ownership of trademark accrues when goods bearing mark are placed on market. Continue reading

Marriage and Divorce

Marriage

Marriage is the union of two individuals.  Usually those individuals must be adults, but in some circumstances, minors as young as 15 years old may be married. There are other legal criteria to be eligible to be married, including that only non-blood related persons may get married and no party to the marriage may be presently married to another party.  A marriage is essentially a type of contract, similar to two business partners going into business together.  The law treats married persons differently from single persons in many regards, including tax treatment, dealings with children, rights upon a spouse’s death, and property ownership.
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Getting Divorced and the Grounds for Divorce

How To Get Divorced

A divorce is a legal remedy, the same way that you might obtain a money judgment in a lawsuit.  It is unique in that the legal remedy is only offered to married persons against their spouse.  Often times, one party may not agree to the divorce or might only agree to the divorce on certain conditions.  In those cases, a judge would consider the case and make a decision about all issues, including whether or not the party asking for a divorce is entitled to the divorce.   In cases where the parties come to an agreement about any issues in the divorce and agree to get divorced, one party still must prove their case to the judge and present the agreement for judicial approval.  It is helpful to have an attorney draft a “separation agreement” which would cover all issues in the divorce.

In Maryland, there are seven ways to obtain a divorce. Continue reading

Children in a Divorce: Child Custody

Children in the Divorce

One of the most difficult and emotional considerations in a divorce are handling children, especially when the children are impressionable and are developing their own identity and psyche. Parents are presumed to want what’s best for their children, but many times parents in a divorce situation might have different opinions about what is best for their children. The court’s ultimate goal is to determine what is in the “best interest” of the parties’ minor children. This is commonly referred to as the “best interest standard.” Continue reading