Saturday, March 27, 2010
Wife sought protection prior to Upland tragedy
WISH
Police say there was a history of domestic violence. "We've had victims' advocatesinvolved with the family. Amy's been in a shelter some and tried to work ...
Friday, March 19, 2010
Ohio Judge Orders Rape Victims to Take Polygraph; Ms Magazine Blog
Advocates Outraged by Baltimore Judge's Actions
By Nick Madigan | nick.madigan@baltsun.com
March 19, 2010
Advocates for abused women reacted with outrage Thursday after learning that a Baltimore County judge had enabled a 29-year-old man to be found not guilty of assault when he officiated at the marriage of the defendant and the woman he was accused of beating.
Another judge who waived the required 48-hour waiting period between the issuance of the marriage license and the wedding ceremony did not know the circumstances, according to that judge and a court official.
"It's appalling," said Lisae C. Jordan, general counsel for the Maryland Coalition Against Sexual Assault. "We know to anticipate that behavior from batterers, but to have the judiciary involved in assisting a batterer is just appalling."
Frederick D. Wood had been charged with second-degree assault after his fiancee claimed that on Nov. 29 he hit her in the face, bloodied her nose, kicked her and banged her head against a wall at his home in Middle River.
But when the domestic violence case against him came up for trial on March 10, District Judge G. Darrell Russell Jr. allowed Wood to leave his courtroom in Essex to obtain a marriage license. Before the day was over, Russell married Wood and his fiancee in his chambers. The woman then invoked marital privilege so that she would not be required to testify against her husband, and Russell found Wood not guilty.
"Here's somebody who is clearly injured. And the authority figure, rather than acting neutrally or doing something to help protect her, pushed her into more entanglement with the alleged batterer," said Dorothy Lennig, longtime director of the legal clinic at the House of Ruth, which helps battered women and their children.
"Often the abuser will threaten the victim into invoking the spousal privilege," Lennig said. "For all we know, he could have figuratively been holding a gun to her head."
WBAL-TV first reported Russell's actions.
Another woman, Mildred Shank, obtained a temporary peace order against Wood on May 18, 2009, in the same Essex courthouse. The case was dismissed May 26 when neither party showed up in court.
Russell, the judge in last week's case, has been reassigned to desk duties and is not hearing cases pending the outcome of an investigation. He could not be reached Thursday for comment. A clerk in Russell's chambers said in early afternoon that Russell had left for the day.
Baltimore County Circuit Judge Robert E. Cahill Jr. said in a prepared statement that he was unaware of the circumstances when he waived the required 48-hour waiting period between the issuance of the marriage license and the wedding ceremony.
Cahill said the request for a waiver was routine and was made by the couple "on a mutual and voluntary basis." He said he was "provided with no other information concerning the reason for the request" and was "not informed of any proceedings in the District Court."
Angelita Plemmer, a spokeswoman for Maryland's judiciary, reiterated Cahill's statement. "He had no idea," she said.
Jordan said this was an example of why the 48-hour waiting period was in state law.
"This is exactly the sort of situation it's designed to prevent," Jordan said, "and to give a person some time to reflect about the seriousness of what they're doing, and perhaps get away from a fiance who may have been threatening to her."
Gary Kolb, executive secretary of the Maryland Commission on Judicial Disabilities, which investigates complaints against judges, said it was too soon to know whether this issue would come before the panel. The commission can recommend removing a judge from the bench.
Thursday, October 8, 2009
Future Attorneys in Michigan Gain Exposure to Real Advocacy
The law school is asking its students to pledge at least 50 hours to pro bono services.
Volunteering their time isn't a new idea but the pledge, as it's called, formalizes their efforts.
MaryAnn Sarosi is Assistant Dean of Public Service at U-M. She says the program helps put a human face on the law:
"When you are standing there with a woman who is a mother of two children, who works very hard, is a domestic violence survivor, and she's a tough person - and you are helping her get a personal protection order, you begin to understand her daily struggles," Sarosi says.
Students will also work with Human Rights Watch to monitor the upcoming war crimes trial of former Serbian leader Radovan Karadzic. And they're helping the Mississippi Center for Justice in its fight to win Medicaid benefits for developmentally challenged children.
Wayne State University and Cooley Law School students also participate in pro bono work.
© Copyright 2009, Michigan Radio
Friday, August 21, 2009
ABA Commission on Domestic Violence Pro Bono Database
WASHINGTON, DC — The American Bar Association Commission on Domestic Violence today announced the launch of the first-ever National Domestic Violence Pro Bono Directory, a comprehensive national database of programs providing pro bono legal services to victims of domestic violence and made public online at www.probono.net/dv.
The National Domestic Violence Pro Bono Directory is a comprehensive resource for volunteer lawyers seeking to assist victims of violence. It includes a national, searchable database of programs providing pro bono legal services to victims of domestic violence: the Opportunities Guide. This online directory includes the types of cases these programs accept - e.g., immigration, housing, protection order, family law; the scope of representation; the frequency and content of trainings for pro bono lawyers; and the on-going supervision and/or support provided to pro bono attorneys.
Volunteers can also find links to resources for attorneys on multiple topics related to domestic violence representation, and a comprehensive national and local training calendar. Additionally, local and national provider listserves will be created on an on-demand basis, to provi
Our hope is that this vital directory will also identify gaps in the provision of pro bono legal services, link existing programs to address these gaps, help identify funding and support for additional programs, and identify opportunities for collaboration among pro bono programs to pool their resources.
Wednesday, April 1, 2009
Law expert: State of federal Indian law contributes to epidemic of violence
Originally printed at http://www.indiancountrytoday.com/home/content/41971652.html
WASHINGTON – The American Constitution Society for Law and Policy, a progressive legal organization, has distributed an issue brief entitled, “Addressing the Epidemic of Domestic Violence in Indian Country by Restoring Tribal Sovereignty.”
The brief’s author, Matthew L.M. Fletcher, argues that domestic violence and physical assaults experienced by American Indian women on reservations are related to unjust Supreme Court decisions and to lacking federal laws.
Indian victim advocates said the information is especially important for policy makers, both at the federal level and in Indian country, to review. Research indicates that American Indian women experience physical assaults at a rate 50 percent higher than the next most victimized demographic, African-American males.
Fletcher, director of the Indigenous Law and Policy Center at Michigan State University, notes the Supreme Court has held that tribal governments do not have jurisdiction over domestic violence misdemeanors committed by non-Indians in Indian country.
The situation causes a major dilemma, especially for Indian women, since approximately one-quarter of all cases of family violence against Indians involve a non-Indian perpetrator. It’s a rate of interracial violence five times that involving other races.
“The law simply has to change,” said Kirsten Matoy Carlson, staff attorney for the Indian Law Resource Center based in Helena, Mont. “Tribes are in the best position to investigate and prosecute these crimes, yet the law prevents them from doing so.”
“Tribes must be able to prosecute and sentence violent perpetrators to protect Native women from the alarming rates of domestic violence and sexual assault. As it is, perpetrators of violence against Native women often face no consequences for their crimes. Studies report that violent offenders are likely to commit further violence when they are not held responsible for their crimes, and that domestic violence escalates over time. Sexual and domestic abusers know they can get away with committing heinous violent crimes against Native women and they regularly exploit this by targeting Native women.”
Fletcher, an enrolled member of the Grand Traverse Band of Ottawa and Chippewa Indians, closely monitors Supreme Court and other legal decisions involving Indian issues. He writes in the brief that among the traditional powers retained by Indian tribes under tribal sovereignty is the power to establish tribal courts and to prosecute criminal offenders for acts committed within Indian country.
He notes that traditionally, tribal sovereignty is inherent and undiminished unless the tribe has voluntarily divested itself of some aspect of its sovereignty, or if Congress has affirmatively acted to divest the tribes of a part of their sovereignty.
However, the Supreme Court changed these rules when it held in 1978 that Indian tribes may be divested of their sovereignty by a decree from the high court. This means that tribal governments do not actually have jurisdiction over domestic violence misdemeanors committed by non-Indians in Indian country.
“The Supreme Court has created – and Congress has not done enough to solve – a terrible irony,” Fletcher writes. “The law enforcement jurisdiction closest to the crime and with the greatest capacity and motivation for responding quickly, efficiently and fairly, has been stripped of the authority to react, leaving Indian women to suffer, and crimes of domestic violence to remain unresolved and unprosecuted.”
Fletcher says the scenario leaves Indian women who are the victims of domestic violence and physical assault by non-Indians in a quandary when federal and state authorities do not prosecute these crimes, which they often are not able to do because of a lack of resources and other factors.
Carlson says this “stripping of tribal criminal jurisdiction and refusal to ensure the prosecution of these crimes has grave consequences for the safety of Indian women.” This legal framework, she says, places Native women at increased risk for further victimization, and leaves them unprotected and without any legal recourse.
“There is no justice for Native women, and there won’t be until the law changes,” warned Carlson.
The brief proposes that Congress fix the situation by enacting legislation that recognizes tribal court jurisdiction over domestic violence and related misdemeanors committed by non-Indians in Indian country.
According to legal experts, Congress has not taken such action due to opposition from the Department of Justice and from various state governments that generally oppose tribal government activities.
Under Fletcher’s plan, tribal prosecutions for such crimes would proceed as do other tribal prosecutions.
The legal expert also proposes that Congress would condition the recognition of tribal sovereignty on a requirement that Indian tribes provide adequate constitutional and criminal safeguards. Tribes would have the ability to “opt-in” to the system.
Fletcher believes Congress has the constitutional authority to “untie the hands of Indian tribes” and permit them to once more enforce criminal laws against non-Indians in Indian country and stop the epidemic of violence against Indian women.
“Each day, an Indian woman is victimized by a person who likely will never be prosecuted,” he concludes in the brief. “It is time to act.”
Wednesday, February 18, 2009
Personal Protection Orders
Michigan law has built in protection for victims in the form of personal protection orders or PPO’s. There are two types of PPO’s:
Domestic PPO: You may request a domestic PPO if the person you want protection from is:
- Your spouse or former spouse
- Someone with whom you have a child in common
- Someone you are dating or have dated in the past
- Someone you live with now or have lived in the same household with you in the past
You must show the court that this person is interfering with your personal freedom or has threatened or committed violence against you
Stalking PPO: You may request a stalking PPO to protect you from anyone else who has committed two or more acts without your consent that make you feel threatened, harassed, frightened or molested.
You may not get either type of PPO against your minor child.
A minor child cannot get a PPO against a parent.
Anyone who knowingly and intentionally makes a false statement to the court in support of a petition for a PPO is subject to the contempt powers of the court
How To Obtain A PPO
Personal protection orders are appropriate only for protection in domestic violence and/or stalking situations. There must be at least two harassing acts to fall under the stalking category not one isolated incident.
A PPO may be applied for by submitting the appropriate forms to the County Clerk’s office requesting the court to order the protection desired. This can be done by the person needing protection with or without the assistance of an advocate or an attorney.
Further instructions and downloadable forms are available at:
courts.mi.gov/scao/selfhelp/protection/ppo_help.htmAsking the court to enter a personal protection order is avery serious matter. A PPO will authorize the courts and law enforcement throughout Michigan and the United States to enforce it’s provisions. The court will expect both you and the party to be restrained to abide by the by the terms of the order.
You are acting as your own attorney when you apply for a protection order.
Dispute Types Not Appropriate For A PPO
Landlord/Tenant - Neighborhood - Noise/Nuisance
Ordinance Violation - Trespassing - Professional/Client
Consumer/Merchant - Breach of Contract - Employment
Sunday, February 15, 2009
Information About Domestic Violence
Domestic violence is a pattern of physical, sexual, emotional and/or financial abuse perpetrated with the intent and result of establishing and maintaining control over an intimate partner. The abuser’s pattern may include both criminal and non-criminal acts.
Criminal behaviors may include: hitting, choking, kicking, assaulting with a weapon, shoving, scratching, biting, raping, kidnapping, threatening to kill, stalking,arson or destroying personal property and attacking pets.
Non-criminal behaviors may include: making degrading comments, accusations of cheating or lying, interrogating children or other family members, threatening to commit suicide, controlling access to money and monitoring the victim’s time and activities, distancing from family and friends. The abuse may be directed at persons other than the victim (e.g., children, parents) for the purpose of controlling the victim.
The cycle can happen hundreds of times in an abusive relationship.
Each stage lasts a different amount of time, with the total cycle taking
from a few hours to a year or more to complete.
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