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Senate takes up expanded version of VAWA

Since it was first enacted in 1994, the Violence Against Women Act (VAWA) has helped train thousands of law enforcement personnel and court officers in Wisconsin and across the nation, created a law to shield the privacy of rape victims and established a national domestic abuse help line. Instances of reported domestic assault have declined by more than 50 percent in the two decades that VAWA has existed, but now its programs are in jeopardy.

VAWA authorization came up for renewal in Congress last year. The Senate passed a largely bipartisan version of the law in April, which expanded the law’s reach to same-sex partner domestic violence, immigrants and Native Americans. House Republicans objected to the expansions and passed a more limited version of the bill, with Wisconsin’s congressional delegation voting down party lines. When no agreement was reached, VAWA’s authorization lapsed in January.

Recently, Democrats such as state Senator Tammy Baldwin have reintroduced the expanded version in the Senate. On Feb. 4, the Senate voted overwhelmingly to take up the bill. Congresswoman Gwen Moore of Milwaukee is calling for House Republicans to follow the Senate’s lead and take action. She says the expansions are needed to protect all victims of sexual assault and domestic violence.

Many credit VAWA as the catalyst for state action on the issue of domestic violence. Wisconsin’s current domestic violence law makes arrests mandatory for suspects of domestic violence regardless of the victim’s cooperation with authorities. This important aspect of the law makes it easier for domestic violence victims to leave their abusive relationships. VAWA’s programs are critical to the effort to help women live without fear. A knowledgeable family law attorney can provide additional resources.

Source: ExpressMilwaukee.com, “Violence Against Women Act On the Brink,” Lisa Kaiser, Feb. 5, 2013

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Law enforcement advocate partnership may restart

A law enforcement advocate partnership to aid victims of domestic violence that was based on a successful Milwaukee program may soon restart in another Wisconsin city. Two victim advocates recently presented a proposal to Madison’s Public Safety Review Committee for funding to restart the program, which was piloted for 14 months beginning in 2011 using federal stimulus money. The program involves a partnership between the city’s police department and Domestic Abuse Intervention Services (DAIS), Dane County’s main service provider to victims of domestic assault.

Under the program, when law enforcement officials respond to a domestic assault call, they would be required to provide DAIS with the victim’s name and contact information. DAIS then would be responsible to contact the victim within 48 hours to offer its services. The types of services provided by DAIS to victims of domestic violence include legal representation, support groups, emergency shelter, and child care.

Before the pilot program started, police officers responding to a call would provide the victim with a list of services. They would not make a referral or advocate for any particular service. Victim advocates say this approach resulted in very few victims ever obtaining services. When contact was initiated by DAIS during the pilot program, however, 45 percent of victims went on to receive services.

Advocates hope that by restarting the program, victims of domestic violence will be in a better position to leave their abusive relationships because they will be more likely to get the services they need to do so. Resources like emergency shelters and child care can allow victims to have a safe place to stay and to leave their children. Legal resources can help them obtain restraining orders and other legal protection against their abusers. Support groups can provide needed encouragement and let victims know they are not alone.

Source: The Badger Herald, “City looks to restart service for domestic violence victims,” Sarah Eucalano, March 13, 2013

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Proposal may limit domestic abuse victims’ access to medical aid

Under the Affordable Care Act (ACA), domestic violence screening and counseling are required to be covered by insurance companies. However, Gov. Scott Walker has decided not to accept funding for expanded Medicaid programs. This means that victims of domestic assault who rely on BadgerCare, Wisconsin’s Medicaid program, may be responsible for higher out-of-pocket costs for these services while those covered by private health insurance will have these services completely covered.

In certain emergency rooms, when someone enters, medical professionals look for signs of abuse, including broken bones and bruises. The professionals will also look for patterns of abuse, such as repeated visits to the emergency room and non-specific complaints. Every person who is treated at these emergency rooms is asked about possible incidents of domestic violence. It is reported that victims are more likely to eventually report an incidence of domestic violence if they are continuously screened.

If an individual indicates an incident of domestic violence, they are currently entitled to screening and counseling services under BadgerCare with small co-pays of several dollars or monthly deductibles depending upon their income. However, Gov. Walker has submitted a proposal that would reduce the number of people eligible for BadgerCare. In numerous studies, an association between poverty and domestic violence has been identified. While incidents of domestic violence happen in every economic class, victims who are living in poverty may not have the resources to leave the relationship.

Individuals who are physically or emotionally abused can file charges against their abusers, and these charges are taken very seriously. However, innocent individuals can be accused with violent crimes that they did not commit. An experienced Milwaukee attorney may be able to help protect their client’s rights and future by building a strong defense against claims of domestic violence.

Source: Urban Milwaukee, “Another Hole in the Safety Net?“, Brendan O’Brien, June 04, 2013

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Domestic violence and sexual assault study released

Wisconsin residents may wish to know that a study conducted by GfK Public Affairs and Corporate Communications shows overwhelming statistics related to sexual assault and domestic violence issues in the United States. The report was funded by the Avon Foundation for Women in an attempt to find the true numbers of Americans suffering from abuse. The study, titled “No More,” compiled hundreds of survey results from both teens and adults to determine the approximate number of sexual abuse and domestic assault victims.

More than 300 teens and 1,000 adults were surveyed for the study. Twenty-two percent of those who were surveyed reported that they had suffered from domestic violence, while 13 percent announced that they were a victim of sexual assault. The study also announced that 57 percent of Americans who know a victim of sexual assault or domestic violence have not reported the incidents to the police or discussed it with friends and family.

The survey targeted both men and women who have survived these violent acts and others who have learned of friends being victims. Researchers and the Avon Foundation for Women have published the survey with the hope that more victims and their loved ones will come forward to report domestic violence and sexual assault. The foundation is planning on launching a program for workplaces to educate their employees and spread awareness of the issues.

Domestic violence and sexual assault accusations can severely impact divorce and child custody cases. Those who have been wrongly accused of such actions could face extreme losses at the conclusion of their cases, such as the loss of their children or unfair alimony payments. An attorney may be able to conduct a thorough investigation and possibly uncover the whole truth to ensure that a fair outcome is achieved for all parties involved.

Source: CBS News, “Study finds sexual and domestic violence widespread, largely undiscussed“, Alexander Trowbridge, September 23, 2013

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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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