Domestic Violence Matters Archives - Page 3 of 6

Forfeiture By Wrongdoing – Ohio Supreme Court Bungles Domestic Violence Case

What does Forfeiture by Wrongdoing really mean in Ohio Courts?

Attorney Charles “Bill” Morrison has once again retaken the reins of the Ohio Criminal Defense Law Blog as it’s managing editor. Below is his recent post dealing with both domestic violence and evidentiary issues in the context of a criminal case. I thought that our Ohio Family Law Blog readers might enjoy it! Click on the Ohio Criminal Defense Law Blog link and click the follow button or use the email signup to become a regular reader.

While doing some research the other day for a current case, I read the most recent Ohio Supreme Court case on the ages-old doctrine of forfeiture by wrongdoing and boy did it have some, shall we say, interesting “takes” by our esteemed elected justices. I’ll start with the basics: every criminal defendant is entitled to confront the witnesses against him at trial. In other words, if someone provides testimony at your criminal trial, you have the absolute right to cross examine that person. This is an inviolate right under the 6th Amendment. Did I say inviolate? What I should say is that like all constitutional rights, when it gets too much in the … Read More... “Forfeiture By Wrongdoing – Ohio Supreme Court Bungles Domestic Violence Case”

Do you Believe in Magic?

magic believe Some weeks ago, I tuned into an NPR radio interview with Penn and Teller, those amazing magicians/entertainers who have for decades defied logic and fooled us with their brilliant illusions.

What caught my interest was the oddity of the interview. The dynamic duo of Penn and Teller were being interviewed separately. This intrigued me as I wondered how NPR would handle empty radio air space if the usually silent Raymond Teller continued to be mute.

Luckily, he did not. And among the thought provoking things he had to say was this, “Nothing fools you better than the lie you tell yourself.” Of course, he was talking about magic. But I was thinking about denial. It never occurred to me before that moment that magic has so much in common with denial. The point of intersection is simple-We WANT to believe.

We know when something is “off”; maybe we can’t see it, but we feel it. And we ignore that feeling; we do this when watching a magic show as the illusion entertains us. We collude with the magicians on stage. We want to be fooled. Just for a while we want to believe in magic! We know the woman is … Read More... “Do you Believe in Magic?”

Domestic Violence Law Creates an Address Confidentiality Program for Victims

ALERT: New Voter Registration Address Confidentiality Law For Domestic Violence Survivors And Other Crimes, Passes In Ohio

On October 6, 2016, Governor John Kasich signed a new law that allows domestic violence victims, as well as victims of rape, sexual battery, menacing by stalking and human trafficking, to secure an Address Confidentiality Program (ACP) number, assigned to a P.O. Box at the Ohio Secretary of State’s office, to be used for all governmental records in Ohio. Ohio’s “Safe at Home” law allows victims to apply for a confidential address from the Secretary of State’s office, which will not be accessible to an abuser trying to track them down.

State Rep. Mike Duffey (R-Worthington), a primary sponsor of the legislation, said in a released statement, “In one case, a woman was tracked three times as she moved to avoid her abuser, but because her address wasn’t confidential, that abuser was able to find her and climb into her bedroom window at night carrying a gun. No person should have to choose between the right to vote and simply being safe at home”.

Emergency Protection To Victims of Domestic Violence

This law will permit victims the freedom to register to vote, register … Read More... “Domestic Violence Law Creates an Address Confidentiality Program for Victims”

Domestic Violence Charge And The Federal Gun Control Act

How A Plea Bargain From A Domestic Violence Charge to A Non-Domestic Violence Charge Still Carries A Federal Gun Ban

domestic violence charge gun Domestic violence is never an easy subject to talk about or, in my line of work, to defend. To be honest, there really is no run of the mill domestic violence case. Some domestic violence cases have no defense and I just work out the best possible deal for my client. For other domestic violence cases, after reading the police report and witness statements, I ask myself “how the hell did this person get charged with domestic violence?”

Or my favorite scenario, a responding police officer charges both individuals involved with the incident with domestic violence. Then when both accused individuals show up to their respective arraignments, the prosecutor will approach the less aggressive of the two (no idea how that is accomplished), and ask if he/she would be willing to testify against the other in exchange for dismissing their domestic violence charge.

No matter the scenario or your feelings surrounding domestic violence, the bottom line is that a domestic violence conviction carries with it severe collateral consequences. For one, domestic violence is an enhanceable offense. Meaning the … Read More... “Domestic Violence Charge And The Federal Gun Control Act”

Protection Order: Proving Domestic Violence in a Court of Law can be Difficult

When Things That Go Bump In The Night Are Not Sufficient Evidence For A Domestic Violence Civil Protection Order

protection order domestic violence A couple weeks ago, my brother and I went back to our homeland of California to visit our parents and help them get ready for their move back to Ohio. Nothing too crazy, just packing and re-sodding the yard. And an occasional beer or two in the morning hours while we worked. Don’t judge. We were on “vacation” and that whole time change thing was happening. In any event, one morning we finished up our chores and were watching some television. While flipping through the channels we came across Nightmare on Elm Street 2: Freddy’s Revenge. Not wanting to pass up a great slasher movie, we started to watch it. About fifteen minutes in it became more of a comedy than a slasher movie. But back in the 1980s that movie was crazy scary! Like most slasher movies it had all the elements of the main characters getting messed with by Freddy until the big finale where they have to take Freddy on. By now you have to be asking yourself what the hell does Freddy Krueger have to do … Read More... “Protection Order: Proving Domestic Violence in a Court of Law can be Difficult”

Child Abuse Increases During Holiday Season – But You Can Help!

For Victims Of Child Abuse The Holidays Can Be The Worst

child abuse holidays Around this time of year, it is impossible to go anywhere without hearing or seeing something reminding us to “give thanks” and to get into the “holiday” spirit. However, as the joy and excitement of the season spreads, so does the stress and anxiety that goes along with it. While it may seem strange to those of us who believe this is the “most wonderful time of the year,” for the victims of child abuse, it can actually be the worst.

With the stress of putting aside money for holiday meals and gifts, the additional events and expenses looming, coupled with children being home from school for an extended period of time, parents are often susceptible to losing control in an attempt to deal with the situation. During the holidays, emotions run high and tempers flare. As a result, these parents or caregivers often take their frustration out on their children rather than dealing with their anger in an appropriate manner.

Organizations nation-wide often report an increase in child abuse during the holiday season. For example, the organization Prevent Child Abuse Tennessee states that every year during the … Read More... “Child Abuse Increases During Holiday Season – But You Can Help!”

Domestic Violence Within Military Families Probable Says Study

Recent Study Reveals That Combat Assignments Increase the Probability of Domestic Violence and Child Abuse By Military Members

domestic violence military A recent study published by The Review of Economics and Statistics concludes that combat assignments increase the probability of intimate partner domestic violence and child abuse by active-duty military members. Resul Cesur of the University of Connecticut Finance Department and Joseph J. Sabia of San Diego State University Department of Economics, claim to have produced the first study to consider the effect of war service on domestic violence. While they admit that several studies exist which explore the effect of war and Post-Traumatic Stress Disorder on violent crime in general, they assert that none exist which focus specifically domestic violence. To access the complete study click here.

In their research, the authors looked at the effect of assigning servicemen of identical rank and occupation to combat deployments vs. non-combat deployments. The results indicated that active-duty members who served in combat zones had an increased probability of subsequent domestic violence, as compared to those who were assigned to non-combat areas. In addition, those who served in combat zones also showed a decrease in trust of their partner at home and … Read More... “Domestic Violence Within Military Families Probable Says Study”

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