Practice Areas

Giving Advice that Matter for Better Outcomes

Real Estate Law

Real estate or real property law regulates the relationships between landowners and the right to possess, use and enjoy the land, own or hold present and future interests in real estate, and sell, transfer and convey interests in real estate. Legal issues include types and validity of deeds or conveyances, the rights, duties, and liabilities of landowners, legal descriptions and boundaries, notice of title defects, easements and restricted uses, recording requirements, land contracts and leases, and impact of bankruptcy proceedings. Attorney Avila also offers divorce services.

Divorce

Divorce law covers the termination of a marriage by divorce, dissolution, or annulment and determinations on child custody, child support, spousal support, and the division of marital property and assets, including pension or retirement plans or savings and family business interests.

Legal issues include jurisdiction and venue, procedure and grounds for divorce such as adultery, mental cruelty, abandonment, irreconcilable differences or irretrievable breakdown of the marriage, custody, and support, and separation or property division agreements. Attorney Avila’s area of practice is also in bankruptcy law services.

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Child Custody

Child custody laws cover determinations on the care, custody, and control of a minor or disabled child after marriage is terminated or juvenile dependency cases when the child's parents cannot perform their parental responsibilities or the child was abused or neglected. Custody is determined by the child's best interests.

In divorce or dissolution cases, custody is awarded to one parent who is the custodial parent or to both parents under joint custody or shared parenting plan. An attorney's services are essential in custody disputes.

Bankruptcy

Bankruptcy law applies to debtors who may be individuals, businesses, or municipalities and who are insolvent and unable to pay creditors. Bankruptcy allows debtors to be free from their financial obligations by entering into trustee-administered liquidation or rehabilitation plans that divide and distribute their assets among the creditors. Bankruptcy proceedings are brought in federal bankruptcy courts. Debtors considering bankruptcy should consult a bankruptcy attorney for advice on eligibility, alternatives, and types of bankruptcies.

Foreclosures

Foreclosures are civil or equitable default actions brought by a lender or mortgagee to end the legal interest of a borrower or mortgagor in real estate or property and to convey title to the lender due to nonpayment or breach of a mortgage.

The lender then sells the property at a public sale or auction to recover the mortgage debt and may obtain a deficiency judgment against the borrower for the unpaid balance of the mortgage. Legal issues include notice and due process protections and judicial, nonjudicial, and statutory foreclosure proceedings.

Immigration

Immigration law concerns the regulation and control of aliens, noncitizens, or immigrants. It includes the admission and removal of aliens or foreigners, visa categories (permission for extended stays in the US), asylum (refuge), naturalization (citizenship process), immigration crimes, denaturalization (loss of citizenship) and deportation. Legal issues include:

Visa and permanent residency application and revocation process
Asylum procedures and remedies
Naturalization or citizenship procedures
Denaturalization
Deportation procedures

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Personal Injury

Personal injury law concern the recovery of money or monetary damages as compensation for physical or psychological damages suffered by a person that results from tortuous conduct or a private or civil wrong or injury caused by another person or entity.

Recoverable damages typically include medical expenses, lost income, property damage, pain and suffering, emotional distress, and loss of consortium (loss of spousal companionship).

Legal issues include proof of liability or misconduct, scope and extent of injuries, and proof of damages.

Criminal Law

Criminal or penal law covers misdemeanor (minor) and felony (major) criminal offenses and the rules and procedures of the criminal justice process, including arrest, arraignment, bail, guilty pleas and plea agreements, preliminary hearings, jury trials, sentencing, probation, parole, appeals, and other post-conviction relief. Constitutional protections to the accused include the right to remain silent, the right to counsel, and the right to a fair and speedy trial. An accused should always seek counsel if charged with a criminal offense.