New law to require leave for domestic violence victims

Wisconsin advocates for victims of domestic abuse and sexual assault are likely applauding a new law in New Jersey that provides work leave and other protections for employees dealing with these issues. The new law makes available the domestic assault protections to workers in companies with 25 or more employees. New Jersey is the latest of several states to offer such protections to its workers.

The law, called the NJ SAFE Act, provides up to 20 days of unpaid leave during each 12-month period for employees to deal with issues regarding sexual assault or domestic violence. The incident’s victim must have been the employee or his or her child, spouse, parent, civil union partner or domestic partner for the benefit to apply. In order to be eligible, the worker must have been employed by the business for at least 12 months and has to have worked 1,000 or more hours during the 12 months preceding the request for leave. The New Jersey Department of Labor recently published a notice informing employees of their rights under the law, which all employers are required to post.

At least a dozen other states have passed similar laws. In addition, several cities have their own such laws, and the federal government is considering legislation which would address this issue.

Domestic violence can be a horrifying experience. Someone who has been a victim of this type of abuse may wish to consult with an attorney who has experience in these matters. Such an attorney may be able to suggest certain types of remedies that may be available, such as restraining orders.

Source: Forbes, “Domestic Violence And Sexual Assault, NJ Becomes The Latest To Provide Leave For Victimized Employees“, Gene Connors, September 26, 2013

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Wisconsin students look to end domestic violence

Several students from the University of Wisconsin-Stout have been spending part of their fall semester traveling through parts of the state in order to discuss domestic violence. The students in a family relations class are acting in coordination with a national campaign called No More that aims to end instances of sexual assault and violence by increasing public awareness and encouraging dialogue.

The students used role-playing and videos to present information to three schools, a jail and an ex-offender facility, with a main part of their message indicating that men can be a part of the solution. Another group of students worked on the recent Hope for the Holidays concert that benefits a domestic violence agency called Bridge to Hope.

Statistics gathered by No More indicates that one in four women and one in six men will suffer some form of sexual abuse before the age of 18. Approximately 33 percent of teenagers are physically or sexually abused or threatened by their boyfriend or girlfriend, and 25 percent of women are affected by domestic violence from their spouses or partners.

Due to the high numbers regarding the occurrence of domestic assault, most law enforcement personnel take allegations of domestic abuse incredibly seriously as these incidents can often result in serious injury or death. The data referenced above shows how serious and pervasive a problem violence involving family members and loved ones has become. A Wisconsin attorney may be able to provide counsel to a client that has been a victim of domestic violence by helping to obtain restraining or other protective orders.

Source: The Dunn County News, “Students say ‘No More’ to domestic violence, sexual assault“, November 26, 2013

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Domestic violence still persists despite changing laws

Domestic violence in Wisconsin, as well as in any other state, is an issue its citizens are facing today as they were in 1979 when the U.S. Surgeon General said most murders are at the hands of family or friends and many occur within the home. While great strides have been made in terms of laws meant to stop domestic violence, it still happens.

Domestic violence was present long before America was born. The Puritans outlawed it, and the Pilgrims prosecuted it. However, in the 1800s, a North Carolina Supreme Court judge overturned an abused woman’s divorce saying it was a man’s right to use corporal punishment against his wife to assure that she knew her place. By the end of that century, it became apparent that abuse against a woman was wrong. However, it continued for several reasons. One reason was that women were embarrassed and afraid to say they were beaten. Another was a deeply ingrained sense that women should not be financially independent.

Almost 100 years later, the Violence Against Women Act became law in 1994. This legislation set up a national hotline for domestic violence, established longer prison sentences for federally convicted rapists and provided federal funds to train law enforcement in domestic and sexual violence. The Justice Department continues to increase the number of prosecutions, and President Obama has worked to address the financial situation of abused women. In this regard, the administration provides initiatives to abused women to help them keep their homes.

Although women who experience domestic violence have support from various programs in the community, they may still fear domestic assault. A woman in this situation may benefit from having an attorney obtain a restraining order to help ensure her safety.

Source: Real Clear Politics, “America’s Long, Slow About-Face on Domestic Violence“, Carl M. Cannon, July 23, 2014

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Behaviors constituting domestic violence

Some Wisconsin residents might not be certain what specific acts qualify as domestic violence. Above all, it is important to remember that domestic violence encapsulates more than just physical violence and is not exclusive to spouses or romantic partners. Domestic violence may and oftentimes does include children, parents, siblings and even roommates.

In many instances, both the victims and the perpetrators of domestic violence may not recognize it for what it is. Domestic violence can be emotional abuse, verbal abuse, sexual abuse or even economic abuse, in which the victim’s access to funds is manipulated by the perpetrator.

Psychological abuse is another form of domestic violence in which an individual incites fear in another person, typically with threats, isolation and intimidation. Stalking and cyberstalking are also behaviors consistent with someone prone to committing domestic violence.

Furthermore, domestic violence may become an issue in a divorce case, affecting the final resolution of matters such as child custody. Spouses seeking divorce who have been a victim of domestic violence might wish to take additional step to protect themselves. They may wish to limit contact with their abusive spouse as well as limiting the contact that spouse has with their children. If the other spouse has injured the family pets, destroyed some of the family’s belongings and threatened the rest of the family, those actions might be considered domestic violence and reported to authorities accordingly. Abused individuals can obtain restraining orders as a means of protection against their abuser. In any case, it is important for victims of domestic abuse to seek out the counsel of an attorney, who may help ensure the victim’s rights remain intact and advise additional measures for safety.

Source: Findlaw, “What is Domestic Violence?“, November 19, 2014

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Restraining orders and relocation to Wisconsin

When people who have a domestic violence restraining order in another state against their abuser move to Wisconsin, they often wonder if it will still be effective in the new state. While the short answer is yes, it may take longer for law enforcement to determine the restraining order’s validity when investigating allegations of violations of it.

For that reason, some people who are protected by a restraining order may wish to consider registering it in Wisconsin. By doing so, in the event that it is violated, law enforcement will quickly be able to determine that it is unexpired and still in force, as it will come up in Wisconsin’s database of restraining orders upon a search.

Disadvantages to registering another state’s restraining order include that the abuser may be notified that the restraining order has been registered in Wisconsin. For some domestic violence victims, the other person’s knowing where they are can be problematic and so they may wish not to register the order. Whether the existing order is registered or not, officers may be able to locate the other state’s order by checking the national registry.

Domestic violence victims who are under the protection of a restraining order may want to discuss whether to register the order in Wisconsin or not with an attorney who is familiar with such family law issues. Domestic violence victims may wish to get a Wisconsin-issued domestic violence restraining order in some cases. Officers can only arrest people for violating orders that they know are current and still valid. There is no correct answer that can be applied in every case, and the individual circumstances of the abuse victim should be carefully considered. Also important is the other person’s history and whether he or she has previously attempted to locate the victim.

Source: Women’s Law, “What are the advantages and disadvantages of registering my restraining order in another state?“, December 31, 2014

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Process of obtaining a restraining order in Wisconsin

When people need domestic abuse restraining orders in Wisconsin, there is a specific procedure for them to go about doing so. The first step is to get the appropriate paperwork from the court. Reviewing it and filling it out carefully and completely is vital.

When completing the form, the person filing is the petitioner. If the abuser does not know where the petitioner lives, the petitioner should tell the clerk if the address should be protected before listing a street address. The paperwork will request information about the most recent abuse incident, which should be filled out in a manner that helps the judge understand why an order is needed. The petitioner will then file the paperwork with the court. The judge will review the paperwork and, if the judge believes a restraining order is warranted, the court will issue a temporary restraining order and provide a hearing date.

The petitioner will then need to have a copy of the paperwork served on the other party. Most people use a process server from the Sheriff’s department. The process server will provide an affidavit of service to the petitioner which will need to be filed in the court. The case will proceed to the scheduled hearing, at which time both the petitioner and the respondent will be able to present evidence regarding the restraining order application. If the petitioner prevails, the court will then issue a domestic abuse restraining order that may last for as long as four years.

Domestic abuse restraining orders can help by providing certain protections to people who are victims of abuse. Those who have family law issues that include ongoing domestic violence may want to seek the help of an attorney for guidance throughout the process.

Source: Women’s Law, “The steps for getting a restraining order“, January 07, 2015

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Domestic violence and mass shootings

According to some statistics, almost every day in 2015 there has been a mass shooting in the United States. A mass shooting is defined as any event in which four or more victims are shot, regardless of whether or not any victim actually dies. The national news media has burned the names Sandy Hook, Columbine, Aurora, and San Bernardino into the minds of America, but less-publicized domestic violence shootings happen far too often in Wisconsin and around the country.

The mass shootings that get national attention are those where an active shooter strips away the veneer of safety that most Americans apply to society at large. Gathering places such as movie theaters, churches and elementary schools are no longer considered safe zones. Americans in these traditional bastions of safety now look for the nearest exit and eye those around them with suspicion.

While this is tragic, it overshadows the real issue. In a mass shooting incident, females compose 50 percent of the victims who are fatally wounded. This is a statistical anomaly because outside of mass shootings, females account for only 15 percent of the fatal victims of gun violence.

The reason behind this anomaly is that 76 percent of mass shootings arise out of scenarios of domestic violence. These include incidences where an aggressor has shot their spouse or former spouse, and many of the perpetrators had previously been involved in other domestic violence incidents.

If one is a victim of domestic abuse, the best course of action is to leave the situation immediately. A family law attorney might be of assistance in petitioning the court for the issuance of a protective order.

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The widespread problem of domestic violence

Wisconsin residents may be dismayed to learn that an incident involving domestic violence takes place about once every nine seconds in the United States. Experts in the area say that much of the violence in modern society is rooted in family quarrels and disagreements, but they feel that this often goes unnoticed as law enforcement rarely places sufficient emphasis on these underlying causes when investigating violent incidents.

The issue of domestic violence crosses racial, religious and economic lines, and its victims are often seen as being somehow responsible for causing the situations they find themselves in. Advocates for domestic violence victims also say that threats made against intimate partners are often not taken seriously enough by police.

Statistics can convey the scope of the problem but not the impact that it has on families. Domestic violence was cited as the cause of more than 1,300 deaths and approximately 2 million injuries in the United States in 2014, and experts say that many of these deaths and injuries could have been prevented. Steps that could be taken to tackle the problem include education about healthy relationships for teenagers, more effective tools for law enforcement and harsher sentences for violent offenders. Domestic violence advocates say that victims are often forced to live in fear while their abusers walk freely.

Experienced attorneys will likely be very familiar with how combustible intimate relationships can be, and they may have witnessed bitter arguments during negotiations over contentious family law issues like spousal support, property division and child custody. When they are informed by their client of a physical threat, attorneys may seek to have a restraining order issued. This kind of order prohibits further contact between the parties and requires the abuser to surrender firearms and keep a distance from the victim.

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Financial abuse in a family law setting

Divorcing spouses in Wisconsin and around the country are sometimes seeking to escape abusive relationships. Domestic abuse is often physical in nature, but spouses may also be trapped financially when they are denied access to money or information. Manipulation and intimidation are deliberate tactics, and they often leave victims unprepared for the challenges of the road ahead. Research has found that the overwhelming majority of abusers exert some form of financial control over their victims, and people who remain in unhappy marriages often do so due to financial fears.

Financial abuse crosses all racial, religious and socioeconomic lines. This kind of manipulation and coercion may begin during a relationship’s nascent stages or it may be triggered when one spouse asks for a divorce. When the abuse starts early, the perpetrators may conceal their intentions by making it appear that taking on the financial burden is an act of kindness. They often claim to be protecting their spouses from undue stress and allowing them to enjoy their lives more fully as a result.

Financial abusers often prevent their spouses from working or actively sabotage the careers of those who do are employed, and this form of abuse can cast a long shadow. Abuse may even continue after the victim has secured a divorce and moved on. Abusers sometimes continue to exert pressure by withholding child support or alimony payments, or they may pay only when legal action appears imminent.

When experienced family law attorneys are presented with a situation involving financial abuse, they are likely to approach the financial documents and asset disclosures of the couple concerned with a certain degree of skepticism. Concealing assets is a tactic commonly practiced by financial abusers, and attorneys may call upon forensic accountants to uncover hidden money trails.

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