Concerned About A Loved One Being Mistreated in a Nursing Home in Ohio? A New Ohio Law Might Help!

elder abuse nursing home

Elder Abuse Law Passes In Ohio. Esther’s Law (Senate Bill 58) Goes Into Effect

Ohio Senate Passes New Bill Permitting Family Members To Install Cameras In Effort To Catch Elder Abuse

elder abuse nursing homeIn March of 2022, the Ohio Senate passed Bill 58. This bill permits family members to install cameras in nursing room homes in order to protect the welfare of their loved one. The name of this law is Esther’s Law, and it came about after 10 years of advocacy by Steve Piskor, an Ohio man who has fought tirelessly for this right to be given to families. Piskor’s mother, Esther Piskor had dementia, and was living in a nursing home in Cleveland. Due to her condition she couldn’t tell Steve what was going on, however he suspected that she wasn’t getting appropriate care. Wanting to monitor what was happening when he wasn’t there, he installed a hidden camera in her room.

Unfortunately, the camera confirmed his suspicions. He observed a great many incidents of elder abuse. Esther’s basic needs were not being tended to. She was verbally abused by aides, handled roughly, had liquids sprayed in her face, and had her face shoved into a pillow, among other … Read More... “Concerned About A Loved One Being Mistreated in a Nursing Home in Ohio? A New Ohio Law Might Help!”

Commissions and Ohio Child Support – A New Ohio Supreme Court Decision

Alert Key Legal Update

Ohio Supreme Court Rules One-Time Commisions To Be Excluded In Gross Income Calculation Of Child Support

child support gross income supreme courtUnder the new Supreme Court Decision, A.S. v. J.W., 2019-Ohio-2473, which was decided on June 25, 2019, commissions that are one time award are not to be included when calculating gross income for child support calculations.

When child support is calculated for a divorce settlement, the court bases the amount on the a number of things, including the gross income of each parent. Gross income, according to the statute (O.R.C. 3119.05(D)) includes the yearly average of pay, plus the average of any bonuses or overtime earned. The Court then can either average those totals from the past three years, or use the most recent year’s information.

The issue that the Court grappled with was to whether commissions are to be included in the calculation of ‘bonuses or overtime’ earned. In part of the statute, it is included in the list, and not included in another part of the statute. This leads to what us lawyer types call ‘confusion’.

To sort through the statute, the Supreme Court looked at the specific case before them. In this case, Mother had primary custody and sought a … Read More... “Commissions and Ohio Child Support – A New Ohio Supreme Court Decision”

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

domestic violenceOn 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”

Revenge Porn Legislation Now Pending in Ohio!

ALERT: Will A New Revenge Porn Bill Pass in Ohio?

revenge porn ohioOn January 31, 2015, we posted an article “Revenge Porn Laws Enacted In Many States Except Ohio ” and chronicled the trend of States rushing to enact anti-revenge porn legislation. For those unfamiliar with the term, it is defined by the National Conference of State Legislatures as “posting of nude or sexually explicit photographs or videos of people online without their consent, even if the photograph itself was taken with consent.” As we then predicted, Ohio would likely be considering this type of legislation soon. Thirty-four states and the District of Columbia have similar laws, according to the Cyber Civil Rights Initiative. In addition, there is also Federal legislation pending.

Senate Minority Leader Joe Schiavoni (D) introduced Senate Bill 353 on September 8, 2016, to make revenge porn a crime and add protections for victims. “We know that when these images go public, it has devastating effects on a person’s career and personal life,” Schiavoni said in a news release. “This bill gives Ohio the tools it needs to hold these perpetrators accountable.” Schiavoni indicated that he decided to address revenge porn after working on legislation about cyber bullying.… Read More... “Revenge Porn Legislation Now Pending in Ohio!”

“Intextication”…The Dangers of Texting and Driving!

texting.jpgDriving these days can be very challenging. In addition, technological advances provide their own distractions, leaving drivers trying to split their attention between the road and the gadgets. Many experts believe that driving while texting, or “intextication”, is worse than driving drunk. In fact, studies show that 97.5% of people cannot drive safely while using cell phones. The National Highway Traffic Safety Administration (NHTSA) statistics show that roughly 16 people are killed every day in auto accidents involving a distracted driver, with over 1,300 more injured. In 2008, almost 6,000 people were killed and a half million more were injured by distracted drivers. It was a surprise to me to read a study this month that showed the American teenagers on average send 115 text messages per day. It is no wonder that authorities claim that the significant increases in texting volumes have resulted in thousands of additional road fatalities in the United States!

Thirty (30) states, including D.C. and Guam, ban text messaging while driving. Within the next few years, more and more states will enact laws banning “texting” when driving. While many cities in Ohio (including Cincinnati, Columbus and Toledo) have banned texting while driving, the State has … Read More... ““Intextication”…The Dangers of Texting and Driving!”

BREAKING NEWS: Secretary of Defense Gates Changes Position to Protect Custodial Parents Deployed Overseas!

gates_turn.jpgOn February 6, 2010, I posted an article entitled, “They Fight for America and Upon Return Must Fight for Their Children”. The article addressed the issue of active duty servicemen and servicewomen returning from overseas assignments, often in the Middle East, to find that their former spouses were using the overseas military assignment as a “substantial change in circumstances” to obtain a change in custody of their minor children.  At the time of that posting, Michael R. Turner, R-Ohio, was trying to persuade Secretary of Defense, Robert M. Gates, to agree that active duty military parents should receive child custody protection while they were deployed out of the country.  The Department of the Defense had opposed this protection and Turner’s proposed legislation.

On February 11, 2011, Secretary of Defense Gates responded to Representative Michael Turner in a brief letter which said that his Department “was/are willing to consider whether appropriate legislation can be crafted that provides Service members with a federal uniform standard of protection in cases where it is established that military service is the sole factor involved in a child custody decision involving a Service member.”  Click here to read his letter.

On February 16, 2011, Congressman … Read More... “BREAKING NEWS: Secretary of Defense Gates Changes Position to Protect Custodial Parents Deployed Overseas!”

New Law Protects Teens from Dating Harassment and Violence

teenlaw.jpgIn 2005, a seventeen-year old girl named Shynerra Grant was murdered by her ex-boyfriend, Antonio.  She had just graduated high school in Toledo, Ohio, and was heading to college in the fall.  Shynerra had been stalked by her ex-boyfriend for more than a year before she was murdered.  Antonio stalked and abused Shynerra, including an incident in May 2004 when he broke into her home and put her in the hospital with a broken jaw.  At the time an adult could obtain a Civil Stalking Protection Order (CSPO), but it was almost impossible for minors to get that same protection if the aggressor was another minor.

In March 2010, the Ohio General Assembly passed legislation that would confront this issue.  House Bill 10, named the Shynerra Grant Law, was sent to Governor Strickland for his signature.  The Governor signed the bill into law and it will become effective on June 17, 2010.  The law is designed to allow a minor to go to his or her local juvenile court to obtain a protection order in certain situations.  A teen who is the victim of harassing, stalking, or threatening behavior by another teen, now has the option of going to court … Read More... “New Law Protects Teens from Dating Harassment and Violence”

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