Posts Tagged ‘law’
#1 The most outrageous action a judge took in your family court case
“My ex is an abusive, alcoholic attorney, and I’m a house wife. The judge refused to review any of his 6 DV charges, and front page headlines for beating me. The judge also ignored the fact that my ex was disbarred. He’s not only taken OUR son but cost me my other son and daughter from my previous marriage… I die a little more everyday without my babies. ALL I’ve ever been is a mommy.”
Unstoppable Mothers © 2015
The New York State attorney general has reached a potentially significant settlement with Bon-Ton Stores, which has more than 200 department stores across the northern part of the country, over a workplace discrimination complaint filed by a victim of domestic violence
The settlement, to be announced on Thursday, stems from an episode in early October at the company’s store in Williamsville, N.Y., a suburb of Buffalo. It requires the company to educate all employees of its New York stores that victims of domestic violence are protected by state law against retaliation and harassment relating to their abuse.
In a possible violation of the law, the Bon-Ton employee was sent home by a manager shortly after revealing that her estranged husband had threatened her life the day before. Under the terms of the settlement, Bon-Ton did not admit any wrongdoing, but agreed to change its policy so that employees in a similar situation are not required to procure a protective order to stay on the job.
“Victims of domestic violence face unspeakable hardships in every aspect of their personal lives,” the attorney general, Eric T. Schneiderman, said in a statement. “Our agreement with Bon-Ton Stores stands as a model for other employers.”
Experts on workplace discrimination hailed the settlement as an important step in protecting victims of domestic violence.
“It has a great value in spreading awareness about the law,” said Amanda Norejko, of Sanctuary for Families, an advocacy group and service provider for survivors of domestic violence. “Employers who are willing to flout the law will be given pause by the fact they know the attorney general’s office is investigating these things.”
Bon-Ton declined to comment on the case or the settlement agreement.
In a variety of studies over the years, victims of domestic violence have reported that the abuse interfered with their job performance and undermined their livelihoods. A significant fraction — as high as around 50 percent in some studies — reported having lost their jobs or being forced to quit at least partly as a result of the situation.
“It’s particularly an issue for workers at the lower end of the income spectrum,” said Maya Raghu, a lawyer with Futures Without Violence, a nonprofit that works to end violence against women and children. “They work shifts, don’t have a lot of control or benefits like paid leave, sick leave to deal with this.”
The law in New York, one of a handful of jurisdictions around the country to have enacted similar measures, prevents employers from firing or otherwise punishing employees on the basis of their having experienced domestic violence.
Unlike a similar New York City law, the state law does not explicitly require employers to make accommodations for employees who have experienced abuse — such as granting time off for medical treatment and to obtain protective orders against their abusers. But some of these steps may be necessary for an employer to demonstrate that it was handling the situation appropriately, experts say.
The episode involving Bon-Ton began on Oct. 9, when Jodi Porter, the employee, turned up for her shift as a saleswoman and informed store security officials that her estranged husband had threatened to kill her.
Ms. Porter said in an interview that, within an hour, the store had developed a safety plan that allowed her to go about her work. But shortly thereafter, the store manager told her to leave the store immediately. She was told to stay home until she checked in with the manager several days later, missing at least one more shift in the meantime.
When she spoke with the manager again, Ms. Porter said, she was told she could not return to work until she received a protective order against her husband, which was not immediately forthcoming because he had fled after a warrant for his arrest was issued. She was given no indication that her leave would be paid.
Ms. Porter contacted a hotline at the attorney general’s office on Oct. 13 regarding an unrelated issue and also mentioned her employment situation, which prompted the investigation. Bon-Ton informed her that it would pay her during the leave after she contacted the attorney general, and she was told she would be able to return to work less than one week after that.
The safety plan the store ultimately put into effect under pressure from the attorney general — including allowing her to park closer to the store, giving her access to a safe room to elude her husband and allowing her to use her cellphone while working in the event of a threat — was essentially the same plan the store proposed at the outset of the incident, Ms. Porter said.
She said that being unable to work created a level of emotional distress above and beyond the uncertainty of not knowing whether she would have a source of income.
“I went there going, everything is fine, everything is fine,” she said. “I was trying to go about my work, just do what I’ve got to do to take my mind off of everything.”
Instead, she added, being sent home “made me feel like a victim all over again. It was like a slap in the face.”
Advocates said one of the company’s key missteps was not having a policy in place to deal with such contingencies, leading to the confusion that surrounded Ms. Porter’s situation.
“You don’t want to have a low-level manager operating off the seat of their pants,” said Penny M. Venetis, the executive vice president and legal director of Legal Momentum, a group that works on a broad range of gender equity issues, include domestic violence.
Ms. Venetis said that sending home a worker who has been threatened by a partner was often the most dangerous response an employer could choose. The employee may be less safe alone at home than at work, and the loss of a livelihood can make abused partners even more dependent on their abusers.
Ms. Porter “acted responsibly for reporting it,” Ms. Venetis said. “The actions Bon-Ton took discourage people from coming forward.”
The law in New York and many other states does not necessarily require that employers always allow victims of violence to return to work, some experts say. There may be instances in which a violent threat is imminent and an employer reasonably concludes that the victim, fellow workers and customers may be safer if the abuse victim takes time off, said Jennifer Schwartz, an employment lawyer at Outten & Golden in California.
But in those instances, it is important for the employer to go out of its way to seek input from the employee in order to get a complete picture of the circumstances, including the employee’s needs.
“We’re not saying employers should become experts on sexual violence, stalking,” Ms. Raghu said. “Just that they should be supportive of people who are victims.”
Correction: November 18, 2015
An earlier version of a picture caption with this article misstated Ms. Porter’s status at Bon-Ton. She is a current employee, not a former one.
Judge Rules that Wife is Entitled to Damages From her Abusive Husband By Rita Price/ The Columbus Dispatch
Wonderful legal precedent !!!
In what might be a first for Ohio, a Franklin County judge has ruled that a domestic-violence victim who sued her abusive husband is entitled to civil damages.
Jerry Bailey is liable for the pain and suffering and distress that he caused Jennifer Bailey — now his ex-wife — as a result of his attack on her in August 2013, Common Pleas Judge Julie Lynch said in a written decision this week.
“This sets a clear legal precedent that these victims are going to have recourse to a meaningful remedy. Whether Jennifer Bailey ever collects a dollar or not, that makes this decision huge,” said her attorney, Michael King.
Jennifer Bailey, who recently changed her surname back to Kershaw, said she hopes the case paves the way for other domestic-violence victims to hold abusers accountable in civil courts.
The U.S has an epidemic of corruption, which has led to economic decline,and social unrest.For all appearances it is emanating from the Judicial Branch, the part of the government that is expected to have the most integrity. It is no longer just conjecture – as citizen complaints of racketeering and misconduct by members of the Judiciary are rampant across social media. The most difficult part of the situation is that those that are guilty of abusing their power, are in control of addressing these complaints…..
Read more ( link below)
I know my arm is strong
the landscape of it’s breadth has held new life
has cradled the sweetest innocence
and protected a beating heart
I know my arm is strong
the same arm,
clenched tight by an angry fist,
is still strong
My voice is still here
the power of my words to heal and sooth
the joy of song and treasured talk
the chosen silence and the answers
no matter how heavy the hand
to bring down my voice,
my voice is still here
no words can tell
written, spoken, heard,
how you are my heart
my dearest child
that the deepest well within my being
holds your light and memory
and no man
no power, being, or force
shall take you from me
shall shake my grasp
that i will be your mother
that you are my child
and I will always love you.
K.J © 2015 Love Letters To Our Children
Sometimes children are harmed in their homes. This does not make every parent a suspect. In our current hyper vigilant age, there are more parents being reported to CPS than ever before.
Loving parents who refuse a recommended medical treatment for their child can be reported by a doctor who might fear losing his license to practice medicine.
Neighbors or estranged family members may report a family despite the lack of grounds to support any allegations of abuse.
Parents with a sick child seeking a second opinion have been reported to CPS by hospital or medical authorities.
More parents are experiencing a visit from CPS than ever before, and since sometimes those visits have resulted in the quick removal of children – despite no grounds to allegations or harm or abuse – it is critically important for every parent to have a good idea of how to respond to a CPS visit. Don’t think ‘it can’t happen to me.’ Take any visit by CPS seriously.
The most significant mistakes made by parents are usually in the very first encounter. If you can understand how to handle the very first encounter with CPS you can increase your chances of maintaining your family’s rights and freedom. CPS will often seek to take a family by surprise. Be prepared.
1. THE KEY: Be polite & SAY AS LITTLE AS POSSIBLE. You might be terrified inside. You might be absolutely angry if you feel there is injustice going on, but the number one thing you can do is stay calm and be polite. Anything you say can be twisted. Do NOT DEFEND YOURSELF. Do NOT volunteer information.
2. Do NOT let them in your house. Be nice but STAY FIRM. Have one statement ready and repeat it over and over “I know you are just doing your job, but my main obligation is to my children and to help them avoid unnecessary trauma.” If they do not have a warrant and there is no obvious emergency, they are not allowed access to your home. If a police officer is with them, they all know it is illegal to enter a home unless you CONSENT, or unless they have a warrant or can hear an emergency situation going on. DO NOT CONSENT.
3. Ask permission to ask THEM questions. “I realize you are just doing your job. Would it be ok if I asked you a couple of questions?” Ask if you can record the conversation. If you need to get your cell phone, close the door and say, “I need to get something.”
“Firstly, do you have some identification? After you get their ID, write down their name, then ask, “Can you give me the name and phone number of your supervisor.” Write it all down. Take your time.
Next “What are the exact allegations that have been made against me? Federal law requires that I should be informed of any allegations against me.”
Ask them if they have a warrant. Be direct. “Do you have a warrant to search my home or speak to my children?”
Without a warrant they must gain your consent to enter your home or speak to your children. They are doing their job. Their supervisor has instructed them to make this visit and they will use whatever tactic they feel will be effective to GET MORE INFORMATION AGAINST YOU. They may alternate between: trying to be nice, being firm, threatening or trying to bargain with you. Stay immune to every tactic. Know your rights. Do not get caught up in their games. Don’t engage them except on the questions above.
4. Tell them you are going to contact your attorney and when you get them on the phone, you will allow them to speak to your attorney. Close the door. Phone your attorney so the attorney can speak to the CPS social worker and help them to leave. Your attorney will know the law and remind the social worker of your rights. It is always a good idea to have an advocate on your side.
What do I do if I don’t have an attorney?
If you are a Christian and Homeschooling you might like to consider joining Heritage Defense.
 If you are homeschooling you might like to join Home School Legal Defense Association who will defend you against allegations by social services as they pertain to homeschooling. Both organizations require a monthly or yearly fee but are available for telephone help immediately in any emergency situation you might face.
I pray you will never need to use this information. Unfortunately, in the present time of extensive government involvement in the lives of parents, many parents have found themselves in complex situations with CPS. It is better to be forewarned and forearmed. Your number one desire is to protect your children from harm. Too often CPS has brought more harm than help.
Please share your tips for keeping your family safe from unwarranted intrusion in the comments below.
Steps to Safety After a PPO- When it’s time to escape, make sure to have a plan/ domestic shelters.org
About 20% of abuse victims file for a personal protection order, or PPO, according to the Centers for Disease Control and Prevention. Issued by a civil court, a PPO forbids a person from doing something, such as contacting you, coming on to your property or harassing you at work. It allows the survivor to press charges should their abuser not obey the order.
While this piece of paper alone cannot guarantee stalking behavior will end (roughly half of PPOs are violated by the abuser), it can still be important to get one, since many abusers do respect the orders. Should an abuser violate the order, however, they can face fines or jail time. It is important to note that a PPO should be a part of a larger safety plan, and should not be replied upon singularly. WomensLaw.org offers some safety strategies for that are smart for anyone escaping an abusive situation to follow.
Safety After Escaping Violent Relationships
Stop all contact with your abuser. Responding to this person’s actions could reinforce or encourage his or her behavior.
Keep any evidence of stalking, such as voicemails, texts or emails for future court cases.
Always keep a cell phone with you and don’t hesitate to call 911 if you feel you are in danger.
Have a safe place to go in an emergency such as a police station, public area or the home of a friend of family member that is unknown to your harasser.
If you feel like someone is following you, it’s not a good idea to go home.
Let your coworkers, friends, neighbors and apartment building personnel know about your situation. Give them as much information as you can about the person who is harassing you including a photograph of him or her and a description of their vehicle. Ask them to call the police if they see this person at your home or place of work.
Try not to go places alone. Ask someone to walk to your car, vary your routes to places you regularly visit and get an exercise buddy to go with you if you walk or jog outside.
Report all incidents and threats to the police as soon as they occur. Keep a log of everything that’s happening including the name of the officer in charge of the case and the crime reference number, if there is one. This can all come in useful for future court dates.