Tag Archives: divorce case

Divorce Property Division

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If you are facing a divorce, then you need to decide with your spouse regarding how the property will be divided. It can get very complicated in some cases. You may need the help of an expert to handle the situation for you. Von Esch Law Group can help you out in this regard. Some basic rules regarding property division are:

1. Separate Property and Community Property: First, you need to classify all your assets on the basis of the time of their purchase. All the properties and the other assets which a couple acquires jointly after their marriage are classified as community property. Any property which you owned before your marriage is termed as separate property. In case of separate property, you are the only owner. However, in case of community property, you are the joint owner along with your spouse and you need to divide it.
The date of separation is also very important. The date of divorce and the date of separation are two different things. Property acquired after the date of separation but before the divorce date is considered as separate property. Date of separation is the date when one of you decide to separate and there must be some physical evidence. Divorce date is the date when the marriage is officially over. It can be quite confusing in some cases. If a couple is unable to fix their date of separation, then the court will decide the date.

2. Property value: After you divide your total property into community property and separate property, you need to assign market values to each of your assets. It is advisable to take the help of an expert while determining the market values. After that, both of you will have to fill a form, declaring all the properties which you own and their market value. You should disclose all the assets which you own. If you decide to hide anything, then you can land up in trouble later.

3. Dividing Debt: You need to be very careful while dividing debts. Most couples generally agree to divide the total debt equally. But you need to remember that your divorce agreement is not binding on your creditors. They can ask you to pay off the entire debt, and you won’t be able to do anything. Hence, the best thing is to clear off all the debts before divorce.

4. Dividing Pension: If you are having a pension plan, then your spouse may also benefit from it. It will be termed as a community property. You can pay off your spouse’s share of interest in the pension plan directly by cash. In many states, you need to file a QRDO. It is basically a set of instructions, which contains all the relevant details regarding how the division will be done.

Considerations for Starting a Small Business

Considerations for Starting a Small Business
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When looking to start a small business in Orange, you want to make sure to familiarize yourself with the basics of business law in order to choose the best kind of entity.

The central components of corporation and business law include commercial enterprises carried for profit, as compared to an entity whose purpose is not to make money, a non-profit.

The simplest form of commercial enterprise in American Law is a sole proprietorship. In a sole proprietorship a single person owns all assets, is responsible for all liabilities, and personally runs and operates the business, they are in charge of and responsible for all aspects of the company.

A partnership involves two people working jointly to run, operate, and profit from a business. They are also both legally responsible for the company.

A corporation usually has the distinction of being treated as a single entity, separate from its stakeholders, when participating in any legal action. This means shareholders who own certain rights will not be treated as liable in any legal actions taken.

Corporations and business entities must be organized and operated in accordance with the state law. In the fields of taxation and business regulation, federal law is also important. All corporations and business entities must follow both state and federal law, dealing with taxes and other regulations.

On the other hand, non-profits are companies and businesses whose sole purpose Is not to make money, but to contribute to some positive cause. Because of this they do not have to act in the same sort of accordance with the law as for-profit businesses. For example, a lot of non-profits are tax-exempt. Although they are treated differently, non-profits are still regulated and help up to standards by state and federal law.

Limited Liability companies and partnerships have a lot of similarities of sole proprietorship, partnership, and corporations. However, limited liability companies and partnerships are different I the sense that they have “limited liability and management” with their partners, members, and managers. These kinds of businesses are authorized in most states.

Choosing the best entity for your new business involves a lot of consideration of both legal and business questions. Most businesses use lawyers, accountants, and entrepreneurs to handle these matters appropriately, effectively, and efficiently. And in addition, this outside help can be beneficial in the long-run conduct and operation of commercial enterprises and corporations of any type.

The excitement, innovation, and rush of starting a new business can be so overwhelming and consuming, but it is important to take the time to consider these simple decisions that will greatly affect your relations and dealings with business law. If you are looking to start a business in Orange, or anywhere, make sure you look into getting a business attorney to help you efficiently throughout the process.

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.

What Is Defamation Of Character?

What Is Defamation Of Character?
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Defamation is an all-inclusive word for statements that damage a person’s reputation in the community. Defamation that occurs in the written form is called “libel,” and defamation that is spoken is called “slander.” Defamation is not a criminal wrong, but it is a civil wrong known as a “tort” in the language of the law.

California defamation law requires that the victim must prove that the alleged act of defamation meets the following criteria before they can sue for damages:

> The statement must be published meaning that a third party saw or heard the statement. The term published does not mean that the statement was printed in a book. It means that the statement was made public by either the electronic medium or some type of printed medium and it tends to lower the reputation of the victim in their community.

> The statement must be false, and it must be proven to be false. The statement must be made as a fact. An opinion cannot be considered false because opinions cannot be proved to be objectively false.

> The statement must be injurious. Defamation law requires that the victim prove actual harm such as the loss of a job, being treated rudely by neighbors and friends because of the statement, or that they suffered from false press reports that were based on the statement. Proving falsity is a complex matter and the advice of an experienced attorney should be sought.

> There should be no doubt in the mind of the average person that the statements refer to the victim.

Most witnesses are protected from a law suit. Statements made by witnesses who make a false statement in court or during a deposition cannot be sued for defamation. The law protects a witness because fear should not constrain them.

Defamation is an act of libel if the defamer published a defamatory statement about a person in a written or another form, and other people became aware of the statement. The law does not impose any other criteria because it is assumed that when a defamatory statement has been made in a written or other form, it will remain injurious for a long time. Again, this is also a complex matter and the advice of an attorney should be sought.

A private person who is defamed has more protection than public figures have. A private person who is suing for defamation can prevail without having to prove that they were defamed by a person acting with actual malice. This means that the defamer can be sued if they have failed to check the accuracy of their statement and acted in an otherwise negligent manner.

It is essential that proving defamation in California must meet the above elements or criteria by a preponderance of the evidence. This means that the evidence shows that it is more likely than not that each element or criteria is met.

Defamation of character is a complex principle in California law, and it is essential that an attorney reviews each fact that tends to support a claim of defamation.

How Can I Prepare Myself for a Custody Battle?

How Can I Prepare Myself for a Custody Battle?
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If you are looking to regain custody of your child/children, there are many steps you could take to improve your chances of doing so. There are also a few key tips about the California divorce process that will make you feel better prepared and informed for your custody proceedings.

First Step:

Choosing the best family law attorney you can afford is first and foremost the best way to start your journey. You will get the most knowledgeable and experienced help possible!  Hiring the right attorney could mean the difference of getting what you wanted or getting nothing at all. Some advice: You don’t want to slack off any of this process when your children’s future is at stake!

Second Step:

This may sound cliché, but keeping a journal and documenting this journey could benefit you greatly. Here are a few things you’re going to want to keep track of:

  • How much time you spend with your children
  • What activities you are all involved in
  • How much time the other parent spends with the child/children
  • Note the time the other parent is gone, when they go to work and come home, and when they travel out of town
  • Note any negative remarks, threats, arguments, profanities, or any other behavior that would impact custody

It would be in your best interest to keep track of the past six months to a year. Make sure you write down everything you have done, as well as, everything the other parent has done. Be sure to be ready to prove you are an active and involved caretaker, and that you deserve custody of your children. Bringing photos or an album of your child being happy in your care could only help your situation.

Third Step:

Showing that you are well established and are able to provide for your child/children is important. Make sure the court is aware of the fact that you:

  • Have a job and a place of residency
  • Have already been preparing for school and child care
  • Have community ties through extracurricular activities, volunteering at school, involvement in your neighborhood, etc.

Be prepared to show why the other parent is not capable of providing for the child properly. It might help to find people who would testify about problems with the other parent’s inadequacies.

Do not leave the family residence until you have a custody arrangement in place.

Do not leave the family residence without a court order or written agreement if you are planning to move out, even without the children. A written agreement needs to set the custody arrangement to start once you have left home.

Full Custody and Over-Night Visitation

Both custody and visitation are decided in court on what is in the child’s best interest. Although it is best for the child to have strong relationships with both of the parents. If this is a civil separation and there isn’t any negativity with your ex, there is no reason he or she can’t have overnight visitation.

Questions for Your Attorney

As you go through this custody process, be sure to ask your attorney all the right questions. Here are a few you should ask:

  • What factors are important in gaining temporary custody of my children?
  • What are the consequences of moving out of my house and giving temporary child custody to the other parent?
  • If I lose temporary child custody, what should I do to gain or improve my situation and get a better permanent custody arrangement?

Child Support and Visitation Rights

Child Support and Visitation Rights
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After a divorce has taken place and the parents have separated and they had children, the court has to make a ruling on who will be the custodian of the children. The other parent also gets entitled to child support and visitation rights. The law treats child support and visitation rights as two different and separate issues. It’s the legal responsibility of the parents to help the children, but the court can grant the noncustodial parent some visitation rights. The visitation rights will only get awarded if the court views that it’s in the best interests of the children. It’s not guaranteed that the noncustodial parent to be given the visitation rights, and it’s always a privilege given. The visitation rights might be taken away from this parent in case he or she is violent and might be a threat to the child or is a drug abuser among other reasons.

For one to fully understand child support and visitation rights, it’s important to know some facts. When the noncustodial parent has been given the order by a court to see his or her children, one cannot be denied. Whether or not they’re paying for the child support, they cannot be deprived of his or her right to visit the children when the court orders so.

The issue of child support is mandatory and has severe legal consequences in case one refuses to do it. The only exception that might be allowed is if the noncustodial parent has experienced some life changes that might affect his or her financial status. In the event that he or she loses a job or becomes totally disabled that he’s financially unstable, the person is supposed to file a notice with the court to have the support order changed or lifted.

Now that you know that the visitation rights are not a must reward by a tribunal, one needs to know how to negotiate in a court so as to be given some visitation rights. Here at Von Esch Law Group, we help the noncustodial parent negotiate for these rights. We understand that your child is the most important thing in life. When the court gives the noncustodial parent the visitation rights under the order of reasonable visitation, the two parents will have to agree on what “reasonable” means to them. In such a case, the noncustodial parent can’t enforce these rights. The two parents will have to agree on the terms that the noncustodial parent will come to visit the children. The two parties will each understand what is expected of them in this agreement.

When the court provides for specific terms for visitation for the noncustodial parent, these rights shouldn’t be interfere with and in case this happens, the noncustodial parent can enforce the rights. One can seek police assistance where the custodial parent does not give these rights. Where the custodial parent violates the court order and denies the other the right to visit the children, the custodial parent might be charged with parental kidnapping. The same happens when the noncustodial parent fails to surrender back the children after a scheduled visit.

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

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!

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.”

In Pennsylvania and beyond, teaching boys and men to prevent domestic violence

B. Williamson

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, North Carolina, 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.”

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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.”

http://www.pennlive.com/nation-world/2014/11/in_pennsylvania_and_beyond_tea.html