What Does It Mean to Love?
"..to love is to act intentionally, in sympathetic response to others; to promote overall well-being." -Dr. Thomas J. Oord
Violence against women and girls...
A Look At The U.S. and the World
Rape
In 2000, the United Nations did a survey of 70 countries around the world and the average country had an average of 15.2 annual reports of rapes per 100,000 inhabitants. Note, these were only the rapes that were reported!
In 1999, the U.S. rate was 32.1, making it the 9th highest out of 70 countries; South Africa had the highest rate in 2000 with 123.9 reported rapes. (Source: "Gains and Gaps. A Look at the World's Women", From the National Council for Research on Women)
Rape
In 2000, the United Nations did a survey of 70 countries around the world and the average country had an average of 15.2 annual reports of rapes per 100,000 inhabitants. Note, these were only the rapes that were reported!
In 1999, the U.S. rate was 32.1, making it the 9th highest out of 70 countries; South Africa had the highest rate in 2000 with 123.9 reported rapes. (Source: "Gains and Gaps. A Look at the World's Women", From the National Council for Research on Women)
LoveIsRespect.org
February marks the one year anniversary of LoveIsRespect.org, which was launched by The National Domestic Violence Hotline and Liz Claiborne Inc. in 2007. LoveIsRespect.org is a national teen dating abuse helpline, operational 24 hours per day, dedicated to help teens between the ages of 13 to 18, who experience dating abuse.
Actress Camille Winbush (The Bernie Mac Show) and model Jaslene Gonzalez (America's Next Top Model), helped to launch this historic campaign.
Teens and Technology
Increasingly, teens are reporting abuse through popular technologies such as cell phones,
instant messaging, and emails.
One in three teens who have been in a relationship says they've been text messaged 10,
20, or 30 times an hour by a partner finding out where they are, what they're doing, or
who they're with.
17% say their partner has made them afraid not to respond to a cell phone call, email,
IM or text message because of what he/she might do.
One in five teens in a relationship have been asked by cell phone or the internet to
engage in sexual activity when they did not want to.
Teenage Research Unlimited (TRU) for Liz Claiborne Inc, January, 2007
Actress Camille Winbush (The Bernie Mac Show) and model Jaslene Gonzalez (America's Next Top Model), helped to launch this historic campaign.
Teens and Technology
Increasingly, teens are reporting abuse through popular technologies such as cell phones,
instant messaging, and emails.
One in three teens who have been in a relationship says they've been text messaged 10,
20, or 30 times an hour by a partner finding out where they are, what they're doing, or
who they're with.
17% say their partner has made them afraid not to respond to a cell phone call, email,
IM or text message because of what he/she might do.
One in five teens in a relationship have been asked by cell phone or the internet to
engage in sexual activity when they did not want to.
Teenage Research Unlimited (TRU) for Liz Claiborne Inc, January, 2007
Want Money To Help End Domestic Violence?
Go to the Texas Health and Human Services Commission (HHSC) website. I discovered that Texas has an aggressive plan to help combat violence in families by initiating a program called "Twogether in Texas".
Overview:
The program is designed to be a non-profit, offering pre-marital counseling. After completing a set number of hours in the program, the couples graduate; on track to beginning a healthy life together. The couples also receive various compensations and even a discount towards their marriage license.
The problem...
There aren't any companies developed yet to grab up some of this federal money for the desired program!
If you're an individual or a faithbased group who does counseling right now, and you know how to write a grant, or know someone who can do it for you, there's money on the table! Visit the HHSC link for more information!
http://www.hhsc.state.tx.us/about_hhsc/BusOpp/contracts.asp
Overview:
The program is designed to be a non-profit, offering pre-marital counseling. After completing a set number of hours in the program, the couples graduate; on track to beginning a healthy life together. The couples also receive various compensations and even a discount towards their marriage license.
The problem...
There aren't any companies developed yet to grab up some of this federal money for the desired program!
If you're an individual or a faithbased group who does counseling right now, and you know how to write a grant, or know someone who can do it for you, there's money on the table! Visit the HHSC link for more information!
http://www.hhsc.state.tx.us/about_hhsc/BusOpp/contracts.asp
Some of the most significant pieces of legislation in Texas regarding domestic violence...
- Housing Lease termination without penalty for victims of family violence who have protective orders.
SB 1186. Author, Sen. Jane Nelson (R-Lewisville); Sponsors, Rep. Ryan Guillen (D-Rio Grande City) and Rep. Melissa Noriega (D-Houston)
This legislation allows a victim of family violence who has been living with her batterer and who has a protective order under Chapter 85 of the Family Code or a temporary injunction under Chapter 6 of the Family Code to terminate her lease without penalty, if she needs to leave home in order to be safe. This legislation was the subject of considerable negotiation and ultimately had the full support of two interest groups without whom the bill would not have passed: the Texas Low-Income Housing Information Service and the Texas Apartment Association. Of the legislation that passed this session affecting policies on family violence, this is, perhaps, the most significant of all. Only a handful of other states have such legislation, and we are very pleased that Texas is now among them. Victims of family violence will now be able to leave a rental property without fear of the economic consequences in early termination penalties or bad credit history that could previously have hindered their ability to move on to independence.
Adds §92.016 to the Texas Property Code. Becomes effective January 1, 2006.
- Warrantless arrest for dating violence and offense enhancement for subsequent incidents of dating violence.
SB 91. Author, Sen. Juan “Chuy” Hinojosa (D- McAllen); Sponsor, Rep. Debbie Riddle (R-Tomball)
Previously adopted Texas law allowed law enforcement officials to make a warrantless arrest when they had probable cause to believe that an assault had been committed against a member of the person’s family or household. This included the narrow definition of “family violence” but did not include dating violence situations. With this legislation, dating violence is now included. Additionally, Texas law had provided that a subsequent offense of assault against a member of the family or household, after a prior conviction for the same, would be a more serious penalty than the first offense: a felony rather than a misdemeanor. Dating violence was not included in that offense enhancement, but now it is. Further, the statute providing for an increased penalty if it is a subsequent offense now also provides that previous convictions under similar laws in other states will cause the subsequent offense – even if it is the first in Texas – to be a felony rather than a misdemeanor.
Amends §§22.01 and 22.02 of the Texas Penal Code and Article 14.03 of the Texas Code of Criminal Procedure. Becomes effectiveSeptember 1, 2005.
- Agreed protective orders are both criminally and civilly enforceable.
HB 1059. Author, Rep. Elliott Naishtat (D-Austin); Sponsor, Sen. Jeff Wentworth (R-San Antonio)
Originally, some advocates had asked for legislation that would require judges to make findings of family violence in agreed protective orders (such findings are required in contested protective orders) in order to provide better protection for the victims. Law enforcement officials in some jurisdictions were reluctant to make arrests for violations of agreed protective orders because those orders did not include a finding that family violence had occurred. However, some District Attorneys’ offices, as well as some Legal Aid offices, expressed concern that if judges were required to make findings in agreed protective orders that some judges would no longer issue such orders or respondents would no longer agree to such orders and force every protective order to a hearing, resulting in possibly less protection to victims overall. So, a compromise was developed to provide clearlyin the statute that agreed protective orders are civilly and criminally enforceable.
Amends §85.005 of the Texas Family Code. Effective immediately.
- Reforms to Child and Adult Protective Services.
This was one of the most significant pieces of legislation this session. It was an issue designated an “emergency” by Governor Rick Perry (R- Texas). The legislation and accompanying appropriations allow for the hiring of thousands more caseworkers,which will lower the individual caseload for each worker. The bill also allows for privatization of case management and placement in the foster care system. There are far too many details to list in this brief summary, but among the most noteworthy is that knowingly making a false report of child abuse “with the intent to deceive” is now a felony, rather than a misdemeanor. This was in response to the belief held by some proponents of this bill that Child Protective Services is burdened by false reports of child abuse that are made in order to gain advantage in custody determinations. Additionally, the bill makes the Family Protection Fee (divorce filing fee) mandatory rather than discretionary, allows counties to increase it to $30, and requires that half of the fee must go to the child abuse and neglect prevention trust fund.
Amends §261.107 and many other sections of the Texas Family Code and other codes. Effective September 1, 2005.
Legal Terms and Definitions..
The following legal terms are derived from: http://www.womenslaw.org/.
*Legal Definitions (A through L)
abuse (domestic abuse, domestic violence, family abuse, family violence) -- Each state defines abuse or domestic violence differently. For the legal definition in your state, please select your state from the top, left-hand corner of the website, and go to the "How to Get a Restraining Order" page.
acquit -- To find not guilty.
adjudication -- The entry of a decree or an order by a court. The legal process of resolving a dispute.
alimony -- Money or other financial support awarded to a spouse in a divorce action for his or her separate support. lt is usually awarded only where one spouse has been dependent on the other or has less earning power than the other and for a temporary period of time. Also called spousal support.
annulment -- A court declaration that a marriage is invalid or nonexistent. Courts annul marriages where fraud bigamy, impotence, or other serious problem has occurred. It means that the marriage never occurred legally. Church annulments are not the same as legal annulments.
arraignment -- The initial court proceeding, in which the state formally charges the defendant with a crime, and in which the defendant usually pleads guilty or not guilty.
arrest -- The initial step in the criminal justice process, in which the state deprives a suspect of her freedom due to alleged violations of criminal law.
assess -- To figure out a sum of money and charge it to another.
assignment -- To award a debt or benefits to another person. For example, a husband who does not pay child support can be forced to assign his wages to the court for his children.
asylum -- The granting of protection against return to a refugee; can lead to lawful permanent resident status and eventually to citizenship.
attorney -- Legal advocate who is licensed to practice law in the state you are going to court in. Attorneys and lawyers are the same; these terms are used interchangeably.
attorney general -- (AG) Head of the state agency responsible for prosecuting violations of state laws. The AG's office is the State's law firm for civil matters. The AG's represent the State, either defending the State, or bringing lawsuits on behalf of the State.
bail -- Money or other security pprovided by the defendant, or by others on her behalf, to assure that she will appear at the required stages of the trial process.
bench warrant -- a warrant that a judge issues for someone's arrest. A judge may issue a bench warrant in a number of circumstances, including when someone does not obey a court order or fails to come to a court hearing that s/he was ordered to come to.
bench warrant -- a warrant that a judge issues for someone's arrest. A judge may issue a bench warrant in a number of circumstances, including when someone does not obey a court order or fails to come to a court hearing that s/he was ordered to come to.
book -- To enter into police records a suspect's name and the crime for which he was arrested.
clerk -- The court official who keeps court records and files.
commonwealth's attorney -- Equivalent of state's attorney who prosecutes felony crimes in their respective counties within the commonwealth of Kentucky. It is possible that this term is also used in other states that are also known as Commonwealths.
commonwealth's attorney -- Equivalent of state's attorney who prosecutes felony crimes in their respective counties within the commonwealth of Kentucky. It is possible that this term is also used in other states that are also known as Commonwealths.
competent -- Able to make decisions. The court may decide if a person is competent or incompetent. If someone is incompetent, the court may appoint a legal guardian.
consent -- Free and willing agreement. (eg., A "consent order" is made when both parties agree to the terms of the order and then the judge signs off on it.)
consortium -- The services of a spouse. Services include household tasks one spouse performs for another and/or in addition to sexual services. (Term is used in law suits for "loss of consortium" where one spouse loses the services of the other and can sue for damages. Available only in some states.)
contempt of court-- Committed by a person who intentionally disobeys a court order, acts in a way that does not respect the authority and dignity of the court, or fails to follow a court order.
continuance -- The postponing (rescheduling for later) of a court hearing. If you ask a judge for a continuance, s/he may or may not give it to you.
convey -- To give, sell, or transfer to another person.
court -- Place where civil and criminal trials are held.
court officer -- An officer of the court who protects the judge; is in charge of the accused person while he is in the courtroom; and looks after the jurors.
court reporter -- A legal stenographer who records what happens during official court proceedings.
criminal case -- A legal proceeding brought by the state, county, or city against someone, charging the person with a crime.
damages -- An award of money to the winning party in a lawsuit. Actual damages are out-of-pocket expenses such as lost wages or hospital bills. Actual damages in some cases may include an award for psychological harm. Punitive damages are an award to punish the wrongful party for willful improper action.
default judgment -- A judgment made against someone who did not defend himself/herself against a claim. For example, someone asking the Court for a restraining order may get one by default judgment if the accused abuser does not come to court.
defraud -- To cheat or steal by false representation.
defendant -- person with charges or a lawsuit against him or her. This term is used in both criminal and civil cases. (The defendant is also sometimes called the "respondent.")
defense attorney -- The lawyer who represents the defendant.
delinquent -- person under 16 years old who commits a crime.
district attorney -- The attorney(s) employed by the state to prosecute people for state criminal offenses. Also known as prosecutors, they represent the state. A city government may also have attorneys assigned to prosecute city charges. These people function like district attorneys on a local level.
domestic violence -- Each state defines domestic violence differently. For the legal definition in your state, please select your state from the top, left-hand corner of the website, and go to the "How to Get a Restraining Order" page.
domicile -- The place where you live.
emancipation -- The process by which a minor child is declared to be an "adult" by a court of law. The child must petition the court for this right. The age at which you can file for emancipation is set by law in each state.
evidence -- proof; witnesses' testimony; written statements or physical objects that someone presents at trial to make his or her case.
testimonial evidence -- Statements that witnesses make under oath at a trial.
demonstrative evidence -- Physical items that the parties introduce at trial, such as records, documents, exhibits, and objects such as guns or other weapons.
ex parte -- On one side only. (EX: A judicial proceeding or order is said to be "ex parte" when it is taken or granted for the benefit of one party only, and without notice to any other person adversely affected. For example, you might have an "ex parte" hearing on your request for a restraining order during which a judge listens ONLY to your side and then can grant you the order without the defendant (your abuser) present. The order will be temporary until the judge can hold a full court hearing with the defendant present to tell his side of the story.)
examination -- The questioning of a witness by a lawyer at a trial or deposition. When the lawyer calls a witness for their case and questions the witness, the questioning is called direct examination. When the opposing lawyer questions the same witness, the questioning is called cross-examination.
false imprisonment -- The unlawful detainment of another person. This happens when one person deprives another of freedom of movement by holding that person in a confined space or by physical restraint. Examples include being locked in a car without opportunity to get out, being tied to a chair, or being locked in a closet.
felony -- A serious criminal offense such as murder, for which the sentence can include imprisonment for more than a year.
frivolous-- A pleading or claim is frivolous if no rational or reasonable arguments can be made to support the claim, and its purpose was to delay the court or embarass the opponent.
grand jury -- A group of 23 citizens who decide whether there is "reasonable cause" to believe the defendant has committed a crime and whether an indictment should be issued.
guardian ad litem -- The person assigned by the court to represent the interests of a minor child or incompetent person in legal proceedings. In some states, such as Massachusetts, guardian as litems are appointed by the court to perform investigations or evaluations in custody cases, and to make reports to the court, sometimes with recommendations.
impound -- To seize and take into custody of the law or of a court.
Indian tribe -- The term ''Indian tribe'' means any Indian tribe, band, nation, pueblo, or other
organized group or community which administers justice or plans to administer justice under its inherent authority or the authority of the United States and which is recognized as eligible for the special programs and services provided by the United States to Indian tribes because of their status as Indians.
indictment -- A written accusation by a grand jury charging an individual with a crime, generally a felony.
injunction -- A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury.
liable -- Legally responsible.
judge -- The person who is appointed to decide cases and to make sure that legal procedures are followed in the courtroom.
jurisdiction -- Authority of a court to listen to and decide cases. Each court has the authority to hear certain cases. State and federal laws determine which subjects courts may decide and whether the court's decision will be binding on someone who lives in another state.
jury -- A group of people who determine the guilt or non-guilt of the defendant. The lawyers screen the jury to make sure the people on it are neutral (impartial).
Legal Definitions: (L through Z)
malpractice -- Any professional misconduct or unreasonable lack of skill in a professional duty.
misdemeanor -- Less serious type of crime that can lead to imprisonment for up to one year.
negligence -- Carelessness or lack of care. A person is negligent if she or he fails to act reasonably or take reasonable precautions.
offender -- The alleged perpetrator or criminal.
paternity -- Fatherhood.
persecution -- (In asylum proceedings) The infliction of serious suffering or harm, caused by government action or inaction, upon people who differ in a way regarded as offensive (race, religion, nationality, membership in a particular social group, or political opinion) in a manner condemned by civilized governments.
petition -- A request to a court. (Also sometimes called and "application.")
plea -- The defendant's response to a criminal charge, generally guilty or not guilty.
plea-bargaining -- The process through which the prosecutor and the defense attorney try to reach an agreement where the defendant pleads guilty in exchange for a lesser sentence.
probable cause -- Sufficient reason based upon known facts to believe a crime has been committed, or that certain property is connected with a crime. Probable cause means there is more evidence for than against. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime.
prosecute -- To try to get a court to declare someone guilty of a crime. A district attorney prosecutes cases against persons thought to have committed violations of state criminal law.
prosecutor -- The attorney who represents the state and the victim. He or she tries to present evidence to prove beyond a reasonable doubt that the defendant committed the crime as charged. A prosecutor will be assigned for criminal cases but not civil ones. protection order,
order of protection -- A court demand for someone to behave in a certain way and to stop violations of laws or court orders. A court can issue a protection order preventing someone from visiting someone else. Also called restraining order.
public defender -- An attorney or staff of attorneys having responsibility for the legal defense of those charged with a criminal offense who are unable to afford or obtain legal assistance.
punitive damages -- See "damages."
refugee -- A person outside his or her own country who is unable or unwilling to avail himself
or herself of the protection of that country because of persecution, or a well founded fear of persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion.
regulations -- Operating procedures of government agencies.
restraining order -- A court demand for someone to behave in a certain way and to stop violations of laws or court orders. A court can issue a restraining order preventing someone from visiting someone else. Also called protection order, order of protection, etc.
sentence -- The punishment or penalty that the judge gives to a person who has plead guilty or whom a jury has found guilty.
service of process -- In the context of a restraining order, the actual delivery of court paperwork that informs a person of an upcoming hearing and any temporary restraining orders against him/her. When someone receives this paperwork, s/he has been served.
settlement -- A written compromise reached in a civil case and approved by a judge.
stalking -- Each state defines stalking differently. The Stalking Resource Center of the National Center for Victims of Crime provides stalking-related state and federal statutes and other stalking-related info. The Stalking Resource Center website is at www.ncvc.org/src/index.html.
state -- Government; society; a group of people living under a single government; the United States or one of the 50 states.
statutes -- Laws passed by state or federal legislators. You can research them in law libraries or on the internet. The constitution is supreme over all statutes, and statutes have more authority than regulations.
subpoena -- An order of the court that commands a witness to appear at a certain time and place to give testimony about a specific matter or case. Any person who fails to appear as required by the subpoena may be punished as contempt of court.
suspend -- To stop temporarily or to postpone on certain conditions.
testify -- To give evidence under oath in a legal proceeding.
trial -- The process through which a prosecuting attorney and a defense attorney both have the opportunity to prove their sides of the case. tribal justice system -- The term ''tribal court'', ''tribal court system'', or ''tribal justice system'' means the entire judicial branch, and employees thereof, of an Indian tribe, including, but not limited to, traditional methods and for a for dispute resolution, trial courts, appellate courts, including inter-tribal appellate courts, alternative dispute resolution systems, and circuit rider systems, established by inherent tribunal authority whether or not they constitute a court of record.
vacate -- to cancel or set aside.
verdict -- The decision made by the jury in a trial as to the guilt or non-guilt of the defendant.
violation -- An act that is against the law for which the state can imprison an individual for up to 15 days, but not more.
voir dire -- The process through which the prosecution and defense attorneys question and select jurors for a trial.
witness -- A person who testifies as to his or her knowledge of the facts related to a particular case.
waive -- To give up certain rights or responsibilities. (Examples: To "waive" your right to an attorney means you are giving up that right. You can also ask the court to "waive" any fees if you can't pay them. The court then gives up its right to collect fees from you.)
*The information on this website is for informational purposes only and does not constitute legal advice
malpractice -- Any professional misconduct or unreasonable lack of skill in a professional duty.
misdemeanor -- Less serious type of crime that can lead to imprisonment for up to one year.
negligence -- Carelessness or lack of care. A person is negligent if she or he fails to act reasonably or take reasonable precautions.
offender -- The alleged perpetrator or criminal.
paternity -- Fatherhood.
persecution -- (In asylum proceedings) The infliction of serious suffering or harm, caused by government action or inaction, upon people who differ in a way regarded as offensive (race, religion, nationality, membership in a particular social group, or political opinion) in a manner condemned by civilized governments.
petition -- A request to a court. (Also sometimes called and "application.")
plea -- The defendant's response to a criminal charge, generally guilty or not guilty.
plea-bargaining -- The process through which the prosecutor and the defense attorney try to reach an agreement where the defendant pleads guilty in exchange for a lesser sentence.
probable cause -- Sufficient reason based upon known facts to believe a crime has been committed, or that certain property is connected with a crime. Probable cause means there is more evidence for than against. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime.
prosecute -- To try to get a court to declare someone guilty of a crime. A district attorney prosecutes cases against persons thought to have committed violations of state criminal law.
prosecutor -- The attorney who represents the state and the victim. He or she tries to present evidence to prove beyond a reasonable doubt that the defendant committed the crime as charged. A prosecutor will be assigned for criminal cases but not civil ones. protection order,
order of protection -- A court demand for someone to behave in a certain way and to stop violations of laws or court orders. A court can issue a protection order preventing someone from visiting someone else. Also called restraining order.
public defender -- An attorney or staff of attorneys having responsibility for the legal defense of those charged with a criminal offense who are unable to afford or obtain legal assistance.
punitive damages -- See "damages."
refugee -- A person outside his or her own country who is unable or unwilling to avail himself
or herself of the protection of that country because of persecution, or a well founded fear of persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion.
regulations -- Operating procedures of government agencies.
restraining order -- A court demand for someone to behave in a certain way and to stop violations of laws or court orders. A court can issue a restraining order preventing someone from visiting someone else. Also called protection order, order of protection, etc.
sentence -- The punishment or penalty that the judge gives to a person who has plead guilty or whom a jury has found guilty.
service of process -- In the context of a restraining order, the actual delivery of court paperwork that informs a person of an upcoming hearing and any temporary restraining orders against him/her. When someone receives this paperwork, s/he has been served.
settlement -- A written compromise reached in a civil case and approved by a judge.
stalking -- Each state defines stalking differently. The Stalking Resource Center of the National Center for Victims of Crime provides stalking-related state and federal statutes and other stalking-related info. The Stalking Resource Center website is at www.ncvc.org/src/index.html.
state -- Government; society; a group of people living under a single government; the United States or one of the 50 states.
statutes -- Laws passed by state or federal legislators. You can research them in law libraries or on the internet. The constitution is supreme over all statutes, and statutes have more authority than regulations.
subpoena -- An order of the court that commands a witness to appear at a certain time and place to give testimony about a specific matter or case. Any person who fails to appear as required by the subpoena may be punished as contempt of court.
suspend -- To stop temporarily or to postpone on certain conditions.
testify -- To give evidence under oath in a legal proceeding.
trial -- The process through which a prosecuting attorney and a defense attorney both have the opportunity to prove their sides of the case. tribal justice system -- The term ''tribal court'', ''tribal court system'', or ''tribal justice system'' means the entire judicial branch, and employees thereof, of an Indian tribe, including, but not limited to, traditional methods and for a for dispute resolution, trial courts, appellate courts, including inter-tribal appellate courts, alternative dispute resolution systems, and circuit rider systems, established by inherent tribunal authority whether or not they constitute a court of record.
vacate -- to cancel or set aside.
verdict -- The decision made by the jury in a trial as to the guilt or non-guilt of the defendant.
violation -- An act that is against the law for which the state can imprison an individual for up to 15 days, but not more.
voir dire -- The process through which the prosecution and defense attorneys question and select jurors for a trial.
witness -- A person who testifies as to his or her knowledge of the facts related to a particular case.
waive -- To give up certain rights or responsibilities. (Examples: To "waive" your right to an attorney means you are giving up that right. You can also ask the court to "waive" any fees if you can't pay them. The court then gives up its right to collect fees from you.)
*The information on this website is for informational purposes only and does not constitute legal advice
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