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Rights for Domestic Violence Survivors in South Carolina

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Survivors of domestic violence have access to legal rights to protect them from their abusive partner. It is difficult to determine the number of domestic violence survivors, due to a lack of reporting, but the South Carolina Attorney General recognizes that thousands of individuals are impacted by domestic violence each year. Survivors of domestic violence have the right to safety, which can be accessed through Orders of Protection. We have included information about Orders of Protection below to help keep you and your loved ones safe.

If you are thinking about filing for an Order of Protection it is important to know that any member of the household in need of a protection may be included in the order. If a minor is living in the household, a petition can be signed if they are in need of protection from household violence. In order to file an Order of Protection, a survivor or a household member must meet with officials and file proper paperwork. If you are currently experiencing domestic violence, it may be useful to record the time, place, and incident of abuse in order to have specific evidence to give over to an attorney. Once a petition has been filed by a survivor then the abuser will be notified.

Once the abuser has been notified there is a risk that they will attempt to contact the survivor. In that case, an emergency hearing may be held within twenty-four hours in order to protect the safety of both the survivor and their family. In order to secure an emergency hearing, the survivor must show that they are in immediate danger. If you are not filing for an emergency hearing or have been denied then your case will be granted or denied within fifteen days.

An Order of Protection helps to prevent the abuser from coming in contact with the survivor and their family. For example, once an Order of Protection is granted, the abuser is required not to abuse, threaten to abuse, or molest any person protected under the order, communicate with any person protection under the order, or enter the residence, employment, or other designated space of the survivor. If an abuser violates the grounds of the Order of Protection then they may be hit with a misdemeanor or arrested.

An Order of Protection lasts sometime between six months and one year, depending on the specifics filed by the survivor, and if the parties reconcile then the reconciliation must be recognized by an Order of Dismissal. A survivor does have the opportunities to extend or terminate the Order of Protection. If the extension is asked for, then the abuser must attend a hearing within thirty days.

McGrath Law Firm, PA can help survivors who are navigating the criminal justice system and trying to obtain safety from their abuser. The process of obtaining an Order of Protection may sometimes be long and confusing, which is why we are here to walk you through the process and support you along the way. If you have questions or concerns about an Order of Protection or are interested more in learning about the rights of survivors of domestic violence you can contact the McGrath Law Firm, PA at 843-606-2755.

Freedom to Sell Reused Books

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In 2012, the United States Supreme Court case, Kirtsaeng v. John Wiley & Sons, Inc., made a determination as to whether individuals are able to sell used books and other copyright-protected goods. Supap Kirtsaeng had his family, who was living in Thailand, purchase textbooks that were much cheaper than their original selling price in the United States and then sold them on eBay to turn a profit of roughly $900,000. These books were purchased legally in Thailand; however, the original publishing company, John Wiley & Sons, Inc., believed his actions resulted in copyright infringement.  The Supreme Court, in a 6-3 decision, affirmed the right of the purchaser of copyright-protected work to resell or use the work without the copyright holder’s permission. In other words, the decision allows individuals to resell a legally purchased copyrighted work, such as a book or CD.

The decision affirmed the First Sale Doctrine that was codified by the Copyright Act of 1976 at 17 U.S.C. 109(a). The First Sale Doctrine upholds the ability for “the owner of a particular copy or phonorecord [that is] lawfully made, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.”

This ruling affirmed the existence of secondary markets, such as eBay, Craigslist, libraries, and ongoing garage sales which resell copyright-protected items and use the First Sale Doctrine to avoid asking permission for each item they sell or lend. The ruling pitted wholesale businesses, such as Costco Wholesale Corporation and eBay Inc., against publishing houses who believe that copyright protections are fundamental for protecting creative industries.

As a result, the Motion Picture Association of America and the Recording Industry Association of America has concerns about their competitiveness on the international market and have expressed uncertainty about the ways in which the court ruling may negatively impact both domestic and foreign business. For example, business owners stated that the ruling diminishes the control that publishers and moviemakers have over their products, as well as their ability to control the price.

Many argue that the ruling is a major development for industries that rely on copyright-protected material and sparked ongoing conversation about copyright in a digital and global age. The ruling was followed by many controversial public reactions leaving critics to identify two major ramifications for sellers and buyers. Prior to the case, publishers sold books at different price points depending on the region; however, the borders of those areas have been pushed open due the cheap imports that Kirtsaeng received from Thailand. Publishers may find it increasingly difficult to charge different prices for books in different regions, therefore corroding territorial rights trade. The current copyright system has been under stress due to the myriad of concerns than arise from technology-related issues. The Register of Copyrights, Maria Pallante, has posed the next great Copyright Act and believes this is only the beginning of an ongoing conversation about copyright law in an increasingly borderless market.

5 Reasons Why SC Is the Toughest State for Divorce

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Five Things to Consider When Hosting a Super Bowl Party

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When you’re hosting a Super Bowl party, chances are you aren’t thinking about any legal repercussions. The truth? Just by hosting a viewing party, you could be at risk for violating trademark and copyright laws, and even be held liable if a guest of yours gets pulled over for a DUI. Here are five things you should keep in mind if you’re hosting a party to watch The Big Game this weekend.

  1. Be careful how you advertise. The NFL is a stickler when it comes to how hosts advertise their Super Bowl parties. For starters, if you own a bar, pub, restaurant or event space, don’t advertise a “Super Bowl viewing party.” The NFL has some trademark and copyright laws in place that prohibit unaffiliated partners from advertising “Super Bowl” parties. The right to do so rests with NFL-approved partners.
  2. Check your homeowner’s insurance policy. If you don’t have liability insurance as a homeowner, you could be in trouble if an accident occurs at your home. Check your policy before hosting a get-together to put your mind at ease, and to erase any liability from your hands.
  3. Keep the guest list small. If an accident does happen, chances are your friends are less likely to press charges or sue than an acquaintance or someone you just met. Even if you think it’s unlikely that an accident will happen, keeping the guest list to close friends and family protects you that much more.
  4. Offer non-alcoholic beverages. If you are drinking at a bar and get arrested for a DUI, the establishment you were served may be responsible for over-serving you. If you’re hosting a Super Bowl party and a guest is pulled over for a DUI leaving your party, that responsibility could fall on you. Try your best to keep an eye on how much alcohol your guests are consuming and offer also non-alcoholic beverages as an option for your friends and family.
  5. Don’t charge admission. Remember how we said the NFL is very particular about copyright and trademark infringement? That also applies to the actual Super Bowl telecast. If you host a party and charge admission, you could face legal trouble. The only work-around? Churches are allowed to host a viewing party at their usual location (no renting out event spaces), and are also permitted to take up a collection in order to off-set the cost of hosting the event.

The Super Bowl is a great excuse to have a great time with your friends and family – just make sure you know what’s allowed, and what’s considered breaking the law.

Commercial Real Estate In Charleston: How To Draft And Negotiate A Commercial Lease

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When starting or moving a business, you know the old adage: location, location, location. The right storefront can mean higher visibility and more business. Getting into your new building likely means that you will be renting space and in need of a commercial lease.

As Charleston becomes a more popular spot for tourist and job seekers alike, the city continues to expand, making Charleston real estate a hot commodity. How can you best draft and negotiate your commercial lease? Let the real estate lawyers at McGrath Law Firm help.

How To Draft Your Commercial Lease

Before entering negotiations with a property owner, there are several factors that you should consider about your business. What kind of business do you own, and what will your needs be? It is important that the space is suitable and appropriate. The historic nature of the buildings in downtown Charleston and the surrounding area create unique opportunities for business owners, but also unique challenges for maintaining property. Will you need to make modifications? Are you planning on leasing for the short-term or the long-term? All of these factors will affect how you should draft your lease. Commercial leases should be clear about the amount of usable space, the right to renewal, rent payments and penalties for early termination.

How To Negotiate Your Commercial Lease

While you can draft your ideal lease, there will always be a period of negotiation between you and the property owner. Some common concerns are: who will be responsible for repairs and utilities, to what extent may a renter renovate or add special features and a non-competitive clause if there are similar businesses that want to pursue space in the same building. A real estate lawyer is a necessity for both business owners and property owners as they move forward on making these important decisions.

By working with lawyers who understand commercial real estate law, you will equip yourself with professionals who understand the language and implications that come along with drafting a commercial lease. During the negotiation process, our lawyers help both parties to understand each others’ expectations so that the lease agreement is beneficial for everyone who signs.

Commercial leases should be handled diligently and professionally. To hire a commercial real estate lawyer to help you better draft and negotiate your commercial lease agreement, contact the McGrath Law Firm today, so you can get on to business.

McGrath Law Firm: Home For The Holidays

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McGrath-NewYear

McGrath Law Firm attorneys, Matthew Pecoy and Evan Smith, recently visited the New England office in Concord, New Hampshire. The two joined Peter McGrath and his staff to reflect on this past year’s new and returning clients, achievements, case wins, transactions closed and pro bono work. McGrath Law Firm is looking forward to a successful and satisfying 2014.

Best wishes from the McGrath Law Firm in the coming year!