Jessenia Vice - Domestic Violence Awareness | My Story - Break The Silence

Starting Over - Domestic Violence Success Story

Men Don't Tell - CBS Sunday Night Movie (March 14, 1993)

May 20, 2014 Sheila Macdonald from Women’s College, talks about why it’s often hard for men to tell someone they are a victim of domestic assault. She also talks about the lack of services available for male victims.

http://www.citynews.ca/2014/05/20/raw-video-expert-on-why-male-victims-often-struggle-reporting-domestic-assault/

President Barack Obama Revised Law on Domestic Violence: May 22, 2014 9:57

_________________________________________

________________________________

____________________________________________

This memorandum was prepared by the Washington, DC law

firm Hogan Lovells US

LLP

.

New Requirements Imposed by the Violence Against Women

Reauthorization Act

The Violence Against

Women Reauthorization Act (“VAWA”

), which President Obama signed into law

on March

7, imposes new obligations on colleges and universities under i

ts

Campus Sexual Violence Act

(“SaVE Act”

) provision, Section 3

04

. Those obligations

—

which to some extent refine

and clarify, and to

some extent change, existing legal requirements and government a

gency enforcement statements

—

likely

will require revision of institutional policy and practice. Counsel should be consulted on this complex,

sensitive area of institutional

law compliance.

Under VAWA, colleges and universities are required to:

•

R

eport domestic violence, dating violence, and stalking, beyond crime categories the Clery Act

already mandates;

•

A

dopt certain student discipline procedures, such as for notifying

purported victims of their

rights; and

•

A

dopt certain institutional policies to address and prevent campus sexual violence, such as to

train in particular respects pertinent institutional personnel.

The interplay of

VAWA and other pronouncements

—

notably the April 4, 2011

Dear Colleague Letter

under Title IX issued by the Office for Civil Rights of the Department of Education (“ED”)

(“OCR

Guidance Letter”

)

and p

re

vailing institutional policy

—

warrants legal risk management judgment by

institutional

counsel and compliance officers, and implicates a range of management steps. Here we

identify some key points.

I. New Reporting Requirements

VAWA’

s SaVE Act provision

imposes new reporting requirements:

A. The Clery Act requires annual reporting of statistics for various criminal offenses, including

forcible and non

-

forcible sex offenses and aggravated assault.

VAWA’

s SaVE Act provision adds

domestic violence, dating

violence, and stalking to the categories that, if the incident was reported

to a campus security authority or local police agency, must be reported under Clery. Parsed for

clarity, these offenses are defined:

1.

“Domestic violence”

includes asserted violent m

isdemeanor and felony offenses

committed by the victim's current or former spouse, current or former cohabitant,

person similarly situated under domestic or family violence law, or anyone else

protected under domestic or family violence law.

Page

|

2

2.

“Dating viole

nce”

means violence by a person who has been in a romantic or

intimate relationship with the victim. Whether there was such relationship will be

gauged by its length, type, and frequency of interaction.

3.

“Stalking”

means a course of conduct directed at a s

pecific person that would

cause a reasonable person to fear for her, his, or others' safety, or to suffer

substantial emotional distress.

B. The provision adds “national origin” and “gender identity”

to the hate crime categories,

involving intentional sele

ction of a victim based on actual or perceived characteristics

that must

be reported under the Clery Act.

C. The provision requires, with

respect to the “timely reports”

the Clery Act mandates for crimes

considered a threat to other students and employe

es, that victims' names be withheld.

D.

The Campus SaVE Act takes effect with respect to the Annual Security Report that must be

issued by each institution no later than October 1, 2014. Final regulations to implement statutory

changes to VAWA will not be

effective until after ED completes the rulemaking process. Until

regulations are issued, ED expects institutions to “to make a good faith effort to comply” with the

requirements. For more information, see ED’s

electronic announcement

May 29, 2013

,

on

this

issue.

II.

New Student Discipline Requirements

A. Current requirements in the Clery Act are that institutions

inform students of procedures

victims should follow, such as preservation of evidence and to whom offenses should be reported.

VAWA adds that institutional policy must also include information on:

1.

Victims' option to, or not to, notify and seek assistance f

rom law enforcement

and campus authorities.

2.

Victims' rights and institutional responsibilities regarding judicial no

-

contact,

restraining, and protective orders.

B. VAWA prescribes standards for investigation and conduct of student discipline proceedings

in

domestic violence, dating violence, sexual assault, and stalking cases.

1.

Insti

tutional policy must include a “

statement of

the standard of evidence”

used. Unlike

some earlier drafts of the legislation, VAWA does not prescribe the evidentiary standard.

T

he OCR Guidance Letter, at page 11, directs a standard of

“

p

reponderance of the

evidence.”

That l

etter, although not positive law, authoritatively represents OCR

enforcement policy. Whether OCR's position would withstand judicial review is an open

question

.

2.

Institutional officials who conduct the proceeding must be trained on how to investigate

and con

duct hearings in a manner that “protects the safety of victims” and “promotes

accountability.”

3.

Inst

itutional policy must identify “

s

anctions or protective

measures”

the institution may

impose following a final determination of rape, acquaintance rape, domestic violence,

dating violence, sexual assault or stalking.

Page

|

3

4.

“

[T]he accuser and the accused are entitled to the same opportunities to have others

present d

uring an institutional disciplinary proceeding, including the opportunity to be

accompanied to any related meeting or proceeding by

an advisor of their choice....”

5.

Accuse

r and accused must be notified “simultaneously” and “in writing”

of: the outcome

of

the proceeding; appeal procedures; any change to the result before it becomes final;

and when the result becomes final. The OCR Guidance Letter, at page 13,

merely

“recommends”

that the parties be provided t

he determination “concurrently.”

6.

Institutional p

olicy must address how victims' confidentiality will be protected, including

record

-

keeping that excludes personally

-

identifiable information on victims. OCR's

Guidance Letter, at page 5, encourages institutions to be cognizant of victims'

confidentiality,

but does not mandate that institutional policy address it.

III. New Requirements to Educate Students and Employees on Sexual Violence

Under VAWA, new students and

new employees must be offered “

primary pr

evention and awareness

programs”

that promote awareness of rape, acquaintance rape, domestic violence, dating violence, sexual

assault, and stalking. The OCR Gu

idance Letter, at pages 15

-

16, “recommends”

that institutions

implement preventive education programs; VAWA is more prescriptive

in its requirements.

The training programs must include:

A.

A statement that the institution prohibits those offenses.

B.

The definition of those offenses in the applicable jurisdiction.

C.

The definition of consent, with reference to sexual offenses, in the app

licable jurisdiction.

D.

“Safe and positive” options for bystander intervention an individual may take to “prevent

harm or intervene” in risky situations.

E.

Recognition of signs of abusive behavior and how to avoid potential attacks.

F.

Ongoing prevention and awar

eness campaigns for students and faculty on all of the above.

Conclusion

VAWA’s ramifications include that institutions will need to review and modify policies and procedures

for handling asserted sexual offenses, and train carefully personnel responsible

in this area. This memo

primarily addresses VAWA. Requirements under the OCR Guidance Letter, the Clery Act, Title IX, Title

VII, State employment laws, local human rights ordinances, or the sundry apposite regulations and

agency pronouncements are also re

levant and should be reviewed. College and university counsel expert

on those and on faculty, student, and staff rights under institutional handbooks, manuals, and other

policies should be consulted. In light of acute sensitivities on campus in this sphere

, and by parents of

students involved in these situations, and the common prospect of related civil and criminal litigation as

well as often extensive publicity, university leadership should give close reading and attention to VAWA

and its requirements.

U

pdated April 1, 2014

Ohio Revised Domestic Laws: May 22, 2014 9:49AM

2919.25 Domestic violence.

(A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.
(B) No person shall recklessly cause serious physical harm to a family or household member.
(C) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
(D)
(1) Whoever violates this section is guilty of domestic violence, and the court shall sentence the offender as provided in divisions (D)(2) to (6) of this section.
(2) Except as otherwise provided in divisions (D)(3) to (5) of this section, a violation of division (C) of this section is a misdemeanor of the fourth degree, and a violation of division (A) or (B) of this section is a misdemeanor of the first degree.
(3) Except as otherwise provided in division (D)(4) of this section, if the offender previously has pleaded guilty to or been convicted of domestic violence, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to domestic violence, a violation of section 2903.14 , 2909.06 , 2909.07 , 2911.12 , 2911.211 , or 2919.22 of the Revised Code if the victim of the violation was a family or household member at the time of the violation, a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to any of those sections if the victim of the violation was a family or household member at the time of the commission of the violation, or any offense of violence if the victim of the offense was a family or household member at the time of the commission of the offense, a violation of division (A) or (B) of this section is a felony of the fourth degree, and, if the offender knew that the victim of the violation was pregnant at the time of the violation, the court shall impose a mandatory prison term on the offender pursuant to division (D)(6) of this section, and a violation of division (C) of this section is a misdemeanor of the second degree.
(4) If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in division (D)(3) of this section involving a person who was a family or household member at the time of the violations or offenses, a violation of division (A) or (B) of this section is a felony of the third degree, and, if the offender knew that the victim of the violation was pregnant at the time of the violation, the court shall impose a mandatory prison term on the offender pursuant to division (D)(6) of this section, and a violation of division (C) of this section is a misdemeanor of the first degree.
(5) Except as otherwise provided in division (D)(3) or (4) of this section, if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of division (A) or (B) of this section is a felony of the fifth degree, and the court shall impose a mandatory prison term on the offender pursuant to division (D)(6) of this section, and a violation of division (C) of this section is a misdemeanor of the third degree.
(6) If division (D)(3), (4), or (5) of this section requires the court that sentences an offender for a violation of division (A) or (B) of this section to impose a mandatory prison term on the offender pursuant to this division, the court shall impose the mandatory prison term as follows:
(a) If the violation of division (A) or (B) of this section is a felony of the fourth or fifth degree, except as otherwise provided in division (D)(6)(b) or (c) of this section, the court shall impose a mandatory prison term on the offender of at least six months.
(b) If the violation of division (A) or (B) of this section is a felony of the fifth degree and the offender, in committing the violation, caused serious physical harm to the pregnant woman's unborn or caused the termination of the pregnant woman's pregnancy, the court shall impose a mandatory prison term on the offender of twelve months.
(c) If the violation of division (A) or (B) of this section is a felony of the fourth degree and the offender, in committing the violation, caused serious physical harm to the pregnant woman's unborn or caused the termination of the pregnant woman's pregnancy, the court shall impose a mandatory prison term on the offender of at least twelve months.
(d) If the violation of division (A) or (B) of this section is a felony of the third degree, except as otherwise provided in division (D)(6)(e) of this section and notwithstanding the range of prison terms prescribed in section 2929.14 of the Revised Code for a felony of the third degree, the court shall impose a mandatory prison term on the offender of either a definite term of six months or one of the prison terms prescribed in section 2929.14 of the Revised Code for felonies of the third degree.
(e) If the violation of division (A) or (B) of this section is a felony of the third degree and the offender, in committing the violation, caused serious physical harm to the pregnant woman's unborn or caused the termination of the pregnant woman's pregnancy, notwithstanding the range of prison terms prescribed in section 2929.14 of the Revised Code for a felony of the third degree, the court shall impose a mandatory prison term on the offender of either a definite term of one year or one of the prison terms prescribed in section 2929.14 of the Revised Code for felonies of the third degree.
(E) Notwithstanding any provision of law to the contrary, no court or unit of state or local government shall charge any fee, cost, deposit, or money in connection with the filing of charges against a person alleging that the person violated this section or a municipal ordinance substantially similar to this section or in connection with the prosecution of any charges so filed.
(F) As used in this section and sections 2919.251 and 2919.26 of the Revised Code:
(1) "Family or household member" means any of the following:
(a) Any of the following who is residing or has resided with the offender:
(i) A spouse, a person living as a spouse, or a former spouse of the offender;
(ii) A parent, a foster parent, or a child of the offender, or another person related by consanguinity or affinity to the offender;
(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.
(b) The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.
(2) "Person living as a spouse" means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question.
(3) "Pregnant woman's unborn" has the same meaning as "such other person's unborn," as set forth in section 2903.09 of the Revised Code, as it relates to the pregnant woman. Division (C) of that section applies regarding the use of the term in this section, except that the second and third sentences of division (C)(1) of that section shall be construed for purposes of this section as if they included a reference to this section in the listing of Revised Code sections they contain.
(4) "Termination of the pregnant woman's pregnancy" has the same meaning as "unlawful termination of another's pregnancy," as set forth in section 2903.09 of the Revised Code, as it relates to the pregnant woman. Division (C) of that section applies regarding the use of the term in this section, except that the second and third sentences of division (C)(1) of that section shall be construed for purposes of this section as if they included a reference to this section in the listing of Revised Code sections they contain.
Amended by 128th General AssemblyFile No.50, SB 58, §1, eff. 9/17/2010.
Amended by 128th General AssemblyFile No.21, HB 10, §1, eff. 6/17/2010.
Effective Date: 11-09-2003; 2008 HB280 04-07-2009
Related Legislative Provision: See 128th General AssemblyFile No.21, HB 10, §3

Charges for Domestic Violence Penalties: May 22, 2014

Domestic violence unfortunately is not uncommon. It includes a wide variety of different charges, but generally involves a current or former intimate relationship between the victim and perpetrator that results in unlawful physical or emotional injuries. The penalties for domestic violence also vary depending largely upon the type of offense, the harm inflicted, criminal history of the accused, and the age of the victim.
Examples of domestic violence include assault, battery, stalking, child abuse and abandonment, elder abuse, and threats of violence.

Victims of Domestic Violence

Most domestic violence crimes concern spouses or former spouses who engage in abusive behavior toward one another, which results in one spouse striking the other and causing a visible injury. Charges for domestic violence can also be brought against dating partners, domestic partners, former dating partners, or a cohabitant.
Other offenses concern children who are injured while being punished by a parent, caretaker, or anyone entrusted with a child's care. Child endangerment includes placing or allowing the child to be in a high-risk situation, such as allowing a boyfriend to physically beat a child or to run a drug operation out of your home.
Elder abuse encompasses a wide range of offenses inflicted upon persons age 65 or older, including financial exploitation, physical and emotional abuse, endangerment, or abandonment.
Threats of violence that the victim perceives as intended to inflict serious bodily harm can be perpetrated on anyone. In the context of domestic violence, it would pertain to current or ex-spouses or dating partners, parents, children, and cohabitants.

Domestic Violence Penalties

A domestic violence offense can be charged as either a misdemeanor or felony with the penalties varying widely among the states.
The difference between a misdemeanor charge and a felony often depends upon the severity of the injury and whether the defendant has a criminal history. Many states will also upgrade the offense if the victim is a child.
The penalties may include:

• Community service
• Fines
• Anger management or intervention programs
• Jail
• Restraining or protective orders
• Supervised visits with children
• Termination of parental rights
• Deportation for aliens

Jail time is usually imposed if there is serious bodily injury or a continuing pattern of violence, or if the defendant has a criminal record. Incarceration times range from 30 days to several decades.
Many times, people involved in troubled relationships are wrongly accused of domestic violence. Retaining a lawyer experienced in domestic violence cases at your earliest opportunity can ensure that your case is thoroughly investigated and that your legal rights are protected throughout the criminal process.