Tag Archives: domestic violence

The Influence of an Experienced Construction Lawyer

The Influence of an Experienced Construction Lawyer
Photo Credit: Kaspars Grinvalds/Shutterstock.com

Construction affects every resident of Orange County, California. The roads we use, the offices we work from, the homes we live in and the hospitals we visit for medical care are all influenced by construction. However, there are many legal aspects of construction that need to be handled by an experienced lawyer. When looking for a reputable construction law firm, Orange residents can count on Von Esch Law Group.

Von Esch Law Group has gained a national reputation, local experience and national strength to offer superior legal guidance to any size construction project. From conception, operation to maintenance, you can count on the legal prowess and expertise that’s offered by the law firm can help ensure that you remain on the safer side.

These legal experts have been in the construction field for many years and so they understand the intricacies that are associated with building and related works. Other than construction law, the legal team also offers services in such fields as family law, business law and real estate law. Whatever you need, you can have it covered perfectly well.

Von Esch Law Group represents architects, contractors, suppliers, sub-contractors and engineers in diverse facets of the design and construction industry. Regardless of whether you are managing, building, developing, designing or financing a building Von Esch Law Group offers you a wide array of legal services that seek to protect you and safeguard your interests.

For many years now, Von Esch Law Group has been proven to advocate for the interests of contractors, owners, suppliers and all those who are involved in the building and construction business. The projects which they are involved range from resorts, hotel facilities, condominiums and multi-million energy generation facilities. Von Esch Law Group has offers representation in all sorts of matters such as claims, government disputes, omission design claims, safety and health actions, building code disputes and many more.

Von Esch Law Group construction practice delivers innovative and pragmatic advice to their diverse range of clients. The legal counsel whom they provide from the onset to the completion of the project is of the highest value possible. At the earliest instances, they will analyze the project and anticipate potential risks before putting in place mitigating actions.

The attorneys will help you in such tasks as:

  • Designing contracts, drafting and reviewing negotiations for construction projects
  • Helping to identify the most appropriate project delivery methods
  • Drafting and doing a review of development and take over agreements
  • Providing counseling services to clients on how to avoid risks, risk allocation, scheduling and management.
  • Representing clients before government regulatory agencies on project related matters

The benefit of the valuable legal advice that you get from Von Esch Law Group, a construction law firm, Orange CA goes beyond just helping you safeguard yourself against claims, but also guarantee a peace of mind.

What Are Your Spousal Support Options In A Divorce?

Making Your Case For Spousal Support
Photo Credit: http://www.BillionPhotos.com/Shutterstock.com

The spousal support options in a divorce are defined by California law and further defined by applicable appellate court decisions which are considered to be precedents in this matter. The state law mandates that permanent spousal support be determined by a careful review of numerous factors, and the courts have substantial discretion in determining what these are. Thus, the courts have a lot of leeway in awarding alimony. Temporary support payments may be ordered if it is deemed necessary.

Considering the complexities of the law and the subsequent appellate decisions along with the numerous factors a court must consider, it is essential that you have the benefit of an attorney who is highly experienced in dealing with spousal support issues. The courts consider the financial position of the supporting spouse and the ability of the supported spouse to become self-supported. The earning capacity of each party to maintain the standard of living enjoyed during the marriage will be important considerations. This means that the courts will consider the ability of the supporting spouse to pay spousal support by reviewing the supporting spouse’s earning capability along with unearned income and assets.

The courts can consider other criteria in awarding spousal support that are focused on financial matters. One such example arises when the supported spouse made it financially possible for the supporting spouse to obtain an education or a license that resulted in a substantial earning capacity and a higher standard of living than would otherwise be obtained.

The needs of dependent children for a full-time parent will also be pivotal in the spousal support determination.

Courts have wide latitude in determining the length of spousal support. While the goal of spousal support is to enable the supported party to become self-supporting within a reasonable period, this period is usually considered to be one-half of the length of the marriage if the marriage is less than 10 years old. However, nothing in the law mandates this or any other duration. The courts have the discretion to order support for any length of time, but the courts most often use the guidelines that are set forth in case law precedents. California courts never favor lifetime support. The California appellate courts have held that the supported spouse is entitled to support only for the period that is required to become self-supporting. For marriages that lasted longer than years, the courts generally expect the supported spouse to become self-supporting as quickly as is reasonably feasible.

Spousal supports can be terminated or modified by seeking an order from the court. A thorough justification must be provided, and such a request can be objected to by the supported party.

The supporting party must understand that spousal support can last longer than is necessary if you are not proactive in presenting your side of the matter.

The Family Law Section at the VonEsch Law Firm can discuss your options regarding spousal support. Seeking the assistance of an attorney will be highly beneficial. Keep in mind that California courts only award spousal support in only about 15% of divorce and separation cases.

Breach Of Construction Contracts

Breach Of Construction Contracts
Photo Credit: Zorandim/Shutterstock.com

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.

Are You Being Discriminated Against Due To Your Disability?

Are You Being Discriminated Against Due To Your Disability?
Photo Credit: Katty2016/Shutterstock.com

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.

Child Support and Visitation Rights

Child Support and Visitation Rights
Photo Credit: zimmytws/Shutterstock.com

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!

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

Are a Victim of Violence? Obtain an Emergency Restraining Order Immediately
Photo Credit: chrisdorney/Shutterstock.com

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!

 

In the event of domestic violence, what should a person do?

First and foremost, it is important for the person to get away from the aggressor. S/he should seek the assistance of a friend or a neighbor. In the event of domestic violence, immediate police assistance should be requested. Often, local police officers and sheriffs have received special training with respect to domestic violence and can be extremely helpful to a victim. In addition to local law enforcement personnel, city and district attorneys may be very helpful not only in prosecuting the crime, but also in providing referrals to other local assistance – emergency shelters such as “safe houses,” counseling, and legal assistance.

A victim of domestic violence should never try to “go it alone.” The usual profile of an abusive person is an aggressive, dominant personality that is both manipulative and controlling. The victim of domestic violence is often very vulnerable and can be persuaded from attempting to obtain assistance. Outside assistance is often essential in protecting a victim of domestic violence.

As a final word on this subject, a victim of domestic violence should never shy away from requesting assistance because of a perceived stigma attached to being a victim of domestic violence. Domestic violence pervades all socio-economic classes. A “rich” person is just as likely to be a victim of domestic violence as a “poor” one. Whatever your background, if you been abused, get assistance with a domestic violence situation immediately for your own health and safety, as well as the health and safety of those close to you.

Courtesy of FreeAdvice.com

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.”

___

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

Real Estate Law

Real Estate and Property Law covers an extensive legal area, which is regulated by federal and state statutes, as well as common law. Many aspects of this area overlap with contract law. The terms “real estate”, “realty” and “real property” are generally used interchangeably, although many people associate “real estate” more closely with the structures or buildings and the land. However, real property/real estate encompasses more than just the obviously tangible aspects. It comprises land and that which is attached to or belongs with the land, such as the immovable structures like buildings, houses, trees, bushes and minerals permanently affixed to the land, But it also consists of the interests, benefits and rights that are legally considered attached to the real property, which can include certain rights to the air above the land, to drill in the ground beneath it, rights to live on the property for a specific timeframe or to acquire the real property in the future, and more.

The practice area of real estate and property law deals with a variety of related issues, including the following: rights and interests in real estate and real property; sales, purchases and other transfers of real estate and real property; legal aspects of rental property and landlord issues; tenants’, renters’ and homeowners’ rights; title to real property; settlement of claims against property rights; property development; zoning and land use; related agriculture issues; home loans and foreclosures; and various other relevant topics. This is a complex practice area, further complicated by the significant inconsistency in the laws throughout different cities and states. Real estate attorneys are versed in many different activities, from the mundane drafting of deeds and filing of liens, to handling boundary and zoning disputes and even assisting families in court when threatened with foreclosure. Copyright HG.org

http://www.hg.org/realest.html

Home