Tag Archives: custody

The Different Types of Child Custody

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Child custody hearings can produce a number of different outcomes, so it is important to be familiar with the different types of possibilities before planning for your hearing. Each one comes with different guidelines and provisions for both parents, and each needs to be approached in a different manner. Here is an overview of the four primary types of custody for children.

Legal Custody

This form of custody provides the most involvement in the raising of the child. Legal custody gives the appointed parent the right to make decisions on how the child will be raised. This includes determining the child’s education, medical care, standard of living, and even their residence. Legal custody is not always awarded solely to one parent. In cases of shared legal custody, both parents have legal rights for making decisions regarding the different options for raising their child.

Physical Custody

This type of custody involves where the child lives and with whom. Physical custody grants a parent the right to have the child live with them. While this determines the primary residence of the child, the other parent is typically awarded some form of visitation rights based on their relationship history with the family unit. There are cases where joint physical custody is awarded, and in this scenario, the child splits time between two separate residences of each parent.

Temporary Custody

Temporary custody is normally only issued when there are additional circumstances surrounding a case. This can include cases where an investigator is used to ensure that a particular parent or residence can provide a safe and healthy environment for the child. The length of temporary custody can vary from 30 days to more than year. Ultimately, a final hearing will determine which parent will obtain long-term physical custody. Visitation rights are often sporadic within temporary custody periods. Judges usually tend to structure visitation rights during this time based on the desires of the child as opposed to other extraneous factors.

Bird’s Nest Custody

A “Bird’s Nest” judgment is rarely issued, but it can come into play under the right circumstances. In this instance, the child maintains a consistent residence (normally a related family member’s home) and each parent rotates living at the home. For example, a judge may award bird’s nest custody to the home of a grandparent, while both the mother and father alternate turns residing in the home.

A judge determines the best custody arrangement on the basis of the child’s needs. Many factors influence this decision, including financial, health, and education considerations. By being familiar with the types of custody available, you can target your approach to secure a ruling that best fits you and your child.

Rules to Make Joint Child Custody Work

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There are specific rules you can follow and make shared child custody work very well for your ex, your kids and you. Different experts who have been in the situation have come up with clear rules which can be followed to make shared child custody successful. Here are some of the rules to make joint child custody work:

  1. Speak no evil

Always avoid speaking evil about your ex-partner because the children will end up internalizing it. Remember children are made out of both of you and your ex.

  1. It’s not about you

Divorce was about you, but the custody is for the well-being of the children. Always focus on what is best for the children.

  1. Be realistic about your own schedule and commitments

Try to figure custody as a business arrangement. Remove all emotion and it will work well for you.

  1. Choose a custody arrangement that accommodates your children’s ages, activities, and needs

For the custody to work, always base it on the children’s age, family schedule, career and social commitment of the parents, academic and extracurricular activities of the children and child are arrangement.

  1. A bad spouse doesn’t equal a bad parent

Even if the spouse is bad, he or she can make a good parent. Be prepared to allow the ex to spend time with children and show them the love they need from parents. You will create unnecessary anxiety in children if you will start putting restrictions on how they can relate with your ex.

  1. Find an agreeable way to communicate

For the arrangement to work, communication is key. There are several approaches you can use to communicate. For example, you can agree on cellphones, Google calendars, texting, emailing among other methods. Always decide on a method which both the parents will be comfortable.

  1. Pick your battles

Parenting is hard. It is even more complex if you will be involved in co-parenting. Conflicts will arise but you should be rational so that you will avoid the conflicts from escalating to an extent where they will affect the well-being of your children.

  1. Let your child feel heard

Try to allow the children express their feelings. This will make it easy for you to know what works well for your children.

  1. From time to time, review the arrangement and adjust as needed

With time you will realize some arrangements are not working well, you can adjust to make the arrangement suitable for all the parties involved.

 

Tips for Preventing Discord from Shared Custody During Summer

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Although the court may order a schedule for an estranged couple or the couple may agree to share custody as part of their settlement agreement, the majority of the parents hardly ever stick to them. Often one or both of the parents may request and in most cases demand a change in the schedule agreed-upon, particularly during the summer break.

Notably, for most children, summer break is the time they anticipate for during the school year since it forms the routine of giving them a chance to have fun, relax and have great memories with their families. For this reason, the plans for the summer custody can get quite obscured for the divorced parents. However, this may not be a problem when the parents get along reasonably well. Conversely, for the estranged couple who cannot stay on track with a well-ordered plan, here are the five tips to avoid disagreement while sharing the children’s custody over the summer:

  1. Be a good role model

Ideally, the parents should show the children that you posses’ excellent skill when it comes to conflict negotiations. To that end, you should act like an adult when you feel the need to request adjustments to the custody agreement. This means that they should handle the problem without ever having the children involved. Failure to do will mean that not only will the other parent observe that the other one is using the kids to manipulate the circumstances, but it will be awkward and uncomfortable for the children to ask for a change. The parent should always remember that their method of handling any uneasy position is at all times a teachable moment for their kids.

  1. Give to get

When one parent wishes to diverge from the schedule of the custody, it is okay at some future date for the other parent to use this as a chip for bargaining. Therefore, both the parents should position their preparedness to work together, but that they both expect the same in return.

  1. Plan ahead  

Since it is not always easy to schedule vacations in advance, the divorced parents should give each other as much notice as they can. It should be noted that kids do not prosper in a chaotic environment. The parents should remember that each of them has their schedules to arrange, and it can get complicated on short notice, particularly if they have other partners or children.

  1. Plan for some activities 

When the kids are with one parent, it will be helpful if the other parent plans some fun activities such as a spa trip or lining up movies to watch so as to avoid the letdown feeling from developing.

  1. Remain Flexible

Parents should bear in mind that being flexible all through the summer will allow them consideration when they wish to make their scheduling requests. For instance, a family may agree that the children will take an extended vacation with one parent this summer, and the following season the other parent will have the opportunity to go with them to another long trip.

 

 

Litigating With Subpoenas

Litigating With Subpoenas
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Subpoenas are an essential litigation tool used by attorneys to ensure that they have all of the information that is available. The intent of a subpoena is to get information that could have an impact on the outcome of a trial, but which an attorney would not want to disclose voluntarily. Often, subpoenas will result in the disclosure of information that can result in a settlement before the trial begins. Subpoenas can lead to a better understanding of the other side’s case with a legal search. Thus, the attorney for the party that might look culpable if the information were to be disclosed will now provide this information with a subpoena specifically requesting the information.

Subpoenas offer attorneys a chance to get information that will help prove or disprove their client’s case. Criminal defense attorneys use subpoenas to obtain witness or lay opinions that could cast serious doubt on the guilt of their clients. Information on how evidence was handled in a DUI case could be vital in putting up a proper defense.

Attorneys in civil cases will use subpoenas to get information that may result in resolving the claim without a trial, or at the least, will give an advantage in the trial to the side that was favored by the material subpoenaed.

Using the power of the subpoena requires an understanding of what a subpoena can do, and about how to get a subpoena issued. The reasons for requesting a subpoena must be established in the motion requesting it. Care must be exercised to avoid the errors often found in a request for a subpoena. The constitutional grounds for requesting a subpoena must be honored, or the request will be denied.

Subpoenas are issued by the court which has jurisdiction over the case. Every court has procedures for issuing subpoenas, and they will expect these to be followed. Courts will also stipulate how the subpoena must be served upon the person who is expected to respond.

Subpoenas must be specific in requesting information, or the judge may deny the request; subpoenas cannot be used as a witch hunt.

Subpoenas are formal legal commands and they should be taken seriously. Failure to comply with a subpoena can lead to contempt of court charges, which may ultimately lead to financial penalties and cause harm to the case you have been asked to help with.

Breach Of Construction Contracts

Breach Of Construction Contracts
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Parties involved in construction projects rely heavily on construction contracts to establish the terms of the agreement between the construction company and the project owners. Both parties are obligated to perform their commitment as it is set forth in the contract. A breach of contract occurs when either party fails to perform their responsibilities as provided for in the contract.

Often, an attorney with experience in construction contracts can negotiate a resolution of the breach. This process is most effective when the construction contract is written properly, meaning that it includes language that protects both parties and a means for resolving disputes short of litigation.

Hostilities that develop between the parties can often be prevented by the language of the contract that is very specific about the responsibilities of each party. Ambiguous contract language can lead to disputes.

However, regardless of the contract language, there are remedies provided by the law for breaches of the contract. Either party can sue for damages which are usually an amount of money that compensates for the financial loss resulting from the contract breach including delays that are a violation of the contract. A contract is breached when one party causes the other party to fail to achieve the results they were promised in the contract. While oral contracts can be enforced when breached, it is more difficult to do so than it is with written contracts. All construction contracts should be in writing.

Different types of damages may apply when a contract is breached, and the damages are provided by the legal remedies available to the breached party. Our office can advise you about which of the allowed damages will apply to your situation. California law provides for the appropriate compensation in cases of a breach of contract, but litigation filed in pursuit of damages must specify correctly the type of damages sought.

California law remedies do not include compelling the offending party to prevent a breach, but rather the law is aimed at providing relief to the party harmed to redress the breach. Since the law in this area is complex and several remedies can be available, an experienced construction contract law attorney should be involved in any effort to litigate the issues.

A statute of limitations applies to breach of contract lawsuits. This is the deadline for filing a lawsuit. The statute of limitations in California for a written contract is four years from the date the contract can be considered to be broken.

5 Things To Avoid When Going Through A Divorce

5 Things To Avoid When Going Through A Divorce
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It is normal to feel confused and overwhelmed when going through a divorce. Sometimes people make mistakes that cost time, money and their sanity. The usual stress level rises to an almost intolerable level. However, you can take steps to recognize the 5 things to avoid when going through a divorce. Avoiding these 5 things will help you to move on to the next phase of your life in better shape and not bitter or broken.

1. Avoid Failing To Look At The Big Picture

Apply the life lessons you learned about planning for your future. Don’t allow events to unfold and then react to them. This will make you feel helpless and like your life is spinning out of control. Instead, look at the big picture which is where you want to be six months and a year from now. Plan on taking the steps to get there. Look at some “what if” scenarios. Plan for contingencies and the worse-case scenarios. You will then be prepared for all events and especially the ugly ones.

2. Don’t Let Your Mind Be Ruled By Your Heart Or By Your Anger

Emotions should not be the basis for making decisions; logic should be. Divorce is a business transaction. Assets and debts have to be divided. This is what you have after you strip away the heartache, grief, anxiety and a feeling of being lost. Putting all of these feelings on the shelf is important. You cannot and should not minimize the good things you and your spouse had together, but these memories cannot control your planning.

You are experiencing a broken heart and a lot of anger. These emotions often just prolong the inevitable, and they run the bill up. Many of the emotions are based on an unrealistic belief that you can “win” the divorce. A divorce really doesn’t have a winner. Trying to be one only prolongs your chance to move on to a better life. Costly and bitter disputes yield nothing but lingering grief.

3. Letting Someone Else Decide For You

It can be easy to give up and let someone else make decisions for you. Of course, you need legal counsel, but ultimately it is you, not your friends or your attorney that has to live with the decisions made. Divorce professionals working for you is good, but seeking the wisdom of a group can be bad.

4. Failing To Educate Yourself

If you educate yourself about the divorce process and the personal feelings involved, you will feel much better equipped to deal with all of the issues.

5. Not taking time for yourself

Separation can be a lonely place to be, but so can a quick attachment that fails to meet your needs and probably their needs as well. Take time to find out who you are now, and who you want to be. You need to avoid further disappointment.

Are You Being Discriminated Against Due To Your Disability?

Are You Being Discriminated Against Due To Your Disability?
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A resident of California who believes that they have been treated differently by an employer because of their disability or a perceived disability can take legal action to protect their rights and to receive monetary compensation for a wrongful act of discrimination. Residents of California have the ability to pursue their claims under California’s anti-discrimination law or the federal Americans With Disabilities Act (ADA). It should be noted that the California law is written and often interpreted more broadly than the federal law.

The state law on disability discrimination differs from the federal ADA in several ways. The state law provides for broader definitions of all types of disabilities and there is no requirement for a substantial personal limitation for a major life activity. The California law definitions include not only physical disabilities but also mental disabilities and a medical condition that limits life activities. The degree of limitation is not important.

Anyone who believes they have experienced disability discrimination should consult an attorney who can assess their claim and determine whether action should be filed under state or federal law. Both laws are complex, and the disability limitations can be difficult to understand and apply to an individual situation.

However, both laws prohibit discrimination against a person in many aspects of employment and the employment process becauseof a mental or physical disability. It is against both disability laws to discriminate in recruitment, hiring, firing, preferential job assignments, training opportunities, pay, promotions, employee benefits, personal or medical leaves or any other activity or action related to employment.

The discrimination laws do not end with employment practices. An employer who fails to maintain a workplace that is free of barriers to the mobility of disabled employees is in violation of the state and federal laws. Harassing an employee with disabilities because of their disabilities is also prohibited under state and federal laws. Disabled employees are to be provided with accommodations that will help them perform the requirements of their job. A person cannot be discriminated against because they are related to or associate with anyone who is disabled.

The term “disability” embraces a broad range of physical and mental conditions, and the laws are specific in the proof required to substantiate a disability. Both laws emphasize that the term disability must be interpreted broadly and specifically in defining the meaning of “substantially limits.”

While the state and federal laws liberally define many matters relating to discriminating against a disabled person, it is essential that an attorney be consulted if you believe you have a claim. It is also important that you act quickly because action is time limited.

Making Your Case For Spousal Support

Making Your Case For Spousal Support
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After separating from your spouse, you are likely to experience some financial challenges. Depending on what kind of separation you had, you may be entitled to spousal support that can help your financial situation. When deciding if a spouse is entitled to spousal support benefits, the court will consider various aspects regarding their marriage. The main factor that they will consider is whether or not you have children and if so, who is the primary caretaker for these children. They will also consider your lifestyle before the divorce took place and also your marital standard of living.

When preparing a spousal support case, you will need to include several documents that basically show where and how you spend your money. Some of the documents you will include are:

  1. Credit-Card Statements
  2. Checking Account Statements
  3. Credit Reports
  4. Passports
  5. Tax Returns
  6. Gift Tax Returns

The best thing to do when seeking spousal support is to be prepared. It is important that you protect yourself and your children. Make sure that you have an experienced attorney by your side that is after your best interests.

For more information regarding Von Esch Law Group and their legal services, visit their website and Facebook page!

Are a Victim of Violence? Obtain an Emergency Restraining Order Immediately

Are a Victim of Violence? Obtain an Emergency Restraining Order Immediately
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If you believe that you may need a restraining order, then you need it now. Postponing it will not lessen the risk of eminent danger that you believe you and your family may be subjected to. If you are involved in a domestic violence incident, you need to understand that the statistics show that you may be the victim again if you don’t do something to prevent it from happening.
Victims of domestic violence need to take action right away. The Von Esch Law Group understands the complexities of domestic violence claims, and they will provide you with the professional help that will get the protection you need. Obtaining Emergency Restraining Orders can be complicated and the complexities of domestic violence claims require legal assistance.

The State of California has defined domestic violence as a hostile action by your current or former spouse, boyfriend or girlfriend, or a person with whom you have had a child, or someone you have lived with, and a person you are related to by marriage or blood.

The hostile actions are the following:

– Attempts to cause you physical injury
– Has caused you physical injury
– Fearful that you will be physically harmed
– Stalking
– Attacks using force
– Threatening phone calls, emails or in person
– Destruction of personal property
– Action that disturbs your peace
– Any behavior which is illegal

Emergency Restraining Orders can only be issued when the hostile action is recent, meaning within 30 days. This means you need to act quickly. The problem is an urgent one and the court will only recognize a problem that the victim demonstrates to be urgent with a timely filing for an Order. An experienced family law attorney knows the court systems and the procedures for obtaining Emergency Restraining Orders. This experience is important when you are in danger of being a victim of domestic violence.

A restraining order will restrain a person from approaching you on the street, at your place of employment and at your home. Your children will be protected at their school and at home. Violators will be forcibly removed and put in jail until they can appear before a judge.

The Von Esch Law Firm has the skilled and highly experienced family law attorney to help you protect yourself and your children. For more information regarding Von Esch Law Group and their legal services, visit their website and Facebook page!

 

Better Strategies Being Sought to Curb Domestic Violence

ADVANCE FOR USE MONDAY, NOV. 17, AND THEREAFTER -  In this Oct. 31, 2014 photo, High Point Police Chief Marty Sumner, left, and Detective J.W. Thompson discuss the department’s domestic violence prevention program, in High Point, N.C. As part of the program, Thompson will personally serve formal notices at the city’s jail to domestic violence offenders, putting them on formal notice that they will be monitored on an ongoing basis and treated harshly for any re-offense regardless of whether their victim formally complains or not. (AP Photo/Lynn Hey)On a high school football field near Pittsburgh, an assistant coach tackled a topic unrelated to the upcoming game.

“One of the biggest components of being a man is how you treat females,” Kevin Murray told his players at Woodland Hills High. “We’d be doing you a very big disservice by not holding you accountable.”

At the jailhouse in High Point, N.C., a sterner version of that message is now given routinely to men detained for domestic-violence offenses and considered at risk of re-offending.

“We’re putting these guys on notice that domestic violence is not going to be tolerated here,” said Police Chief Marty Sumner. “The message is very clear: ‘We know who you are, we know what you’re doing. It has to stop.’”

The two programs target different audiences. But in the realm of domestic-violence prevention, where the record of success is spotty, they share a status as two of the nation’s most promising initiatives.
Coaching Boys Into Men is one of the flagship programs developed by Futures Without Violence, a nonprofit working to curb abuse of women and children. Thousands of high school coaches across the country, now joined by some middle school coaches, have received training in how to convey to their players the importance of treating young women with respect and avoiding abusive behavior.

The program has attracted the notice of the Centers for Disease Control and Prevention. The federal agency funded a three-year evaluation, involving more than 2,000 high school athletes in Sacramento County, California, which found that participating players were more likely to intervene to stop abuse and less likely to perpetrate it.

High Point’s program — the Offender-Focused Domestic Violence Initiative — was conceived in 2009 based on an approach developed by David M. Kennedy, a professor at John Jay College of Criminal Justice in New York. While many programs focus on helping victims of domestic violence, High Point’s initiative targets the offender with a strategy of aggressive deterrence.

Since the program was fully implemented in 2012, the recidivism rate for domestic-violence offenders in High Point has been cut to about 9 percent, which the police department says is about one-third the national rate. There’s been one intimate-partner homicide since 2009, compared to 17 between 2004 and 2008.

“We’d get 5,000 domestic-violence calls a year — every year it’s our No. 1 call,” Chief Sumner said. “It gets passed on from generation to generation, but this program is a really good shot at breaking that cycle citywide.”

Efforts to raise awareness about domestic violence have been vigorously pursued in the U.S. for more than three decades. After Congress passed the Violence Against Women Act in 1994, domestic violence committed by intimate partners — current or former spouses, boyfriends or girlfriends — declined by more than 60 percent over the next 10 years.

Since then, however, the numbers have stayed relatively flat.

Even as incidents involving National Football League players and other pro athletes refocus attention on domestic violence, leading prevention advocates say more resources and smarter strategies are needed to combat it.

“We now have a safety net for victims, we have the laws in place, judges who understand the seriousness of the issue,” said Esta Soler, president of Futures Without Violence. “We need to do more to prevent the problems, not just treat the problems.”

For decades, so-called batterer intervention programs have been one of the main forms of prevention, with offenders participating in group sessions aimed at promoting non-abusive behavior. A range of local programs have won praise — such as Wisdom Walk, which focuses on African-American men in Milwaukee, and Caminar Latino, which runs a 24-week program for Latino men in Atlanta.
However, research on the effectiveness of group intervention programs has produced mixed findings — causing some judges and probation officers to mandate that men participate, others saying there’s no evidence of success.

And what about the much-discussed programs in High Point and Pittsburgh? Here’s a closer look at each:

The new regimen in High Point, a city of about 107,000, kicks into gear whenever police respond to a domestic disturbance call. Even if there’s no arrest, and no previous record of domestic violence, the alleged aggressors receive another visit from a police officer within 48 hours and are notified that they are henceforth on a “watch list.”

With any subsequent domestic violence offense, there’s an escalating series of consequences, including a face-to-face warning from a detective at the time of arrest and — for some repeat offenders — a summons to appear in person before a panel of police, prosecutors and members of the community.

“In an hour, we explain how it’s going to be different,” Sumner said. “We will use any means to sanction you.”

The pressure tactics include threatening to classify any further domestic violence offense as a felony and to expedite prosecution of any other criminal case pending against the offender. Sumner’s department has found that many domestic-violence offenders have a record of other violent crimes, and uses those records to help decide which targets of the program might deserve extra scrutiny.

The community panel makes clear that the police will maintain their aggressive stance regardless of whether the offender’s victim plays an active role in any future case or seeks to stay out of it.

David Kennedy noted that in the traditional responses to domestic violence, the onus often was on the victim to report the abuse and testify about it in court, sometimes incurring threats and further violence in the process.

“We wanted to be able to say to the offender, ‘You’re dealing with us, you’re not dealing with her. The state is going to make you stop,’” Kennedy said. “The feedback from the women is, ‘You’ve got his attention. Things are better. Keep it up, and keep me out of it.’”

If victimized women do want services, they are offered through a Victim’s Justice Center that opened in April. It’s a one-stop site where victims can meet with police, get protective orders from legal aid attorneys, and be informed of other available services.

“In the past, it was up to the victim to do all the work while dealing with the threats,” said Tiffany Atkins, a domestic violence attorney with Legal Aid of North Carolina. “Now we take the responsibility.”

Sumner said his department has been able to implement the program without increasing its budget — primarily by adding some new training and reassigning two detectives to specialize in domestic-violence cases.

Said Kennedy of the approach, “If you do it smart, it doesn’t need to be costly.”

If any high school was tailor-made for Coaching Boys Into Men, it might be Woodland Hills. It’s a perennial football powerhouse in western Pennsylvania, sending many of its players on to major college teams and even to the NFL. It also serves a 12-town district that includes some of greater Pittsburgh’s roughest neighborhoods.

“The community of kids we deal with — there are a lot of broken homes,” said Keith Davis, who attended the school and now, at 30, is in his third year on the football coaching staff.

“A lot of players have seen where their father has beaten their mother, beaten their sister — it’s no wonder they grow up the same way,” Davis said. “The program — they’re actually living it. In some schools, it might not hit home the way it did with us.”

Davis recalled how players followed news reports of the Steubenville, Ohio, case in which two high school football players were convicted last year of raping a 16-year-old girl after an alcohol-fueled party in 2012.

“A lot of our guys came back and said, ‘Coach, I’ve been in situations like that,’” Davis said. “We have to put a stop to it.”

Launched as a public service announcement campaign in 2001, Coaching Boys Into Men has since expanded to schools and coaches associations across the country — with new pilot programs this year involving coaches of 7th- and 8th-grade athletes. It’s based on the premise that young athletes will take exhortations from their coaches seriously, and then — as role models among their peers — will be taken seriously by other students as they re-think their attitudes about relationships and abuse.

“If you’re a student athlete, you’re also a student leader — respected by peers, by underclassmen, with a degree of influence and power,” said Alan Johnson, superintendent of the Woodland Hills School District. “You can be a leader for good, or a leader for bad. You have to make the decision which kind you’re going to be.”

One of the team’s top linemen on offense and defense, 265-pound senior Daniel Gibson, said the players, by taking the program to heart, had indeed had an influence on other students.

“Whatever we do, everyone else would like to do,” he said. “They get off on our vibe”

Another advocate of Coaching Boys Into Men is Wendell Say, head football coach for 35 years at Aiea High School near Honolulu. He’s been using the program for five years — it’s now a routine prelude to practices on Wednesdays.

“The curriculum is simple — it just takes 15 minutes at most, unless you let the kids talk,” Say said. “I sometimes take 45 minutes.”

Say says his players — many from low-income housing projects — often convey their firsthand knowledge of domestic violence. They’ve seen it in their family, or abused their own girlfriends, and they’ve also followed the domestic-violence cases involving Ray Rice and other NFL players.

“We still have kids who make wrong choices,” Say said. “But hopefully every year you learn more — a little understanding that just because you’re stronger doesn’t give you the right to hurt someone.”

The program — broken down thematically on a series of “training cards” — targets such behavior as catcalling and demeaning boasts about girlfriends. It also advises coaches on how to handle actual incidents of physical and sexual violence committed by team members.

The ethos is summed up in a pledge to be taken by players and coaches:

“I believe in treating women and girls with honor and respect. I know that violence is neither a solution nor a sign of strength. I believe that real men lead with conviction and speak out against violence against women and girls. I believe that I can be a role model to others by taking this pledge.”