Who Says, I Can’t Own a Gun?

It isn’t every day that a Family Law issue makes it all the way up to the United States Supreme Court.  Last month, however, the Court issued a decision in United States v. Hayes that could have a far-reaching impact on Domestic Relations and Criminal Law in Ohio and elsewhere.  A lot of people realize that Federal law prohibits anyone who has been convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition.  But now, after the Hayes decision, many more people are barred from possessing a firearm or even ammunition!

The Court’s decision in Hayes makes it so that an individual can be convicted of the Federal weapons prohibition statute even without having been convicted of a crime of domestic violence.  Most domestic violence laws are written in a manner that one of the requirements necessary to convict is proof that there was a “domestic relationship”.  … View Full Article → “Who Says, I Can’t Own a Gun?”

Artemis Center: Dayton’s Domestic Violence Resource Agency

In recognition of October having been declared Domestic Violence Awareness Month, this post explores the mission goals and philosophy of the Artemis Center in Dayton, Ohio.

On Tuesday, October 14, 2008, I had the opportunity to meet with and to interview Patti Schwarztrauber, the Executive Director of Artemis Center since April, 2002. The Executive Director, having a Master’s Degree in Social Work (MSW) and being a Licensed Social Worker (LSW), began her employment with Artemis Center in 1997. She worked at various positions, including being a Children’s Therapist and serving as a liaison between Artemis Center and Montgomery County Children’s Services before being named Executive Director six (6) years ago.

I learned that in Greek mythology, Artemis was traditionally the friend and protector of women in childbirth and young children. Artemis, a female, was associated with a mythological forest. Accordingly, a saying developed over time- “no harm shall come to those who walk in the woods of Artemis.”… View Full Article → “Artemis Center: Dayton’s Domestic Violence Resource Agency”

The Name Game: Shirley, Shirley bo Birley . . .

Don’t forget to discuss with your Dayton divorce lawyer before the final hearing if you want to be reinstated to a former name. This is the time to accomplish the name change with ease, and typically, without any additional costs! Procedures vary from court to court whether the name change can be submitted as part of the Final Decree or by way of a separate Court Order. Either way, it is easy, and the wife has the right to decide whether she wants to keep her married surname. No, husbands, you cannot require your ex to relinquish your surname. And wives cannot pick a new surname; they can only be reinstated to a maiden or former name.

If you decide months after the divorce that you want to go back to a former name, it may be too late to have the Domestic Relations Court enter the name change for you.… View Full Article → “The Name Game: Shirley, Shirley bo Birley . . .”

Part 2 -The Consequences of Domestic Violence Victims Changing Their Identity

Submitted by Robert Mues with legal research and assistance from Aaron Hill, an extern from the University of Dayton School of Law.

Some cases of domestic violence in Dayton are so severe that an identity change may seem to be the only solution. At first glance, changing one’s social security number and name is an enticing proposition. However, there are a number of very serious consequences to consider before taking this drastic step.

Negative Consequences to Changing Your Identity and Social Security Number:

The effects of changing one’s identity and social security number are lasting. The victim is essentially eliminating any connection with his/her prior life and literally starting from scratch. The victim loses all professional and academic credentials, past credit history (good or bad), and loss of interaction with family and friends of the victim. This, in turn, makes it incredibly difficult to find a new career, buy a house or rent an apartment, obtain any type of insurance, or safely contact any former friends or family.… View Full Article → “Part 2 -The Consequences of Domestic Violence Victims Changing Their Identity”

The Pros and Cons Of Victims Of Domestic Violence Changing Their Identity

In recognition of October having been declared Domestic Violence Awareness Month, this post and next week’s article focus on trying to assist individuals who have faced such devestating violence.

This is the first of a two part article on this subject. While not widely known, the Social Security Administration had established a procedure in 1998 for victims of family violence to obtain a new Social Security number. The Administration states:

“Public awareness campaigns stress how important it is for victims to develop safety plans that include gathering personal papers and choosing a safe place to go. Sometimes the best way to evade an abuser and reduce the risk of further violence may be to relocate and establish a new identity. Following these changes, it also may be helpful to get a new Social Security number.

Although Social Security does not routinely assign new numbers, we will do so when evidence shows you are being harassed or abused or your life is endangered.… View Full Article → “The Pros and Cons Of Victims Of Domestic Violence Changing Their Identity”

Divorce’s Atomic Bomb: False Abuse Allegations

False allegations of domestic abuse are not just a phenomenon that routinely occur in the United States. Family law attorneys in Canada are similarly complaining about the unfairness and damage caused when a warring parent falsely accuses a spouse of abuse. Whether it is for revenge, to punish a spouse, or to attempt to gain an advantage in a custody proceeding, I see this occurring all too often in my practice. While domestic abuse should never be condoned, unfortunately there are seldom any recriminations for the false accuser.

According to Sarah Hampton of Toronto’s Globe and Mail, these common occurrences end up leaving many black eyes in its wake: for the accused, the justice system and especially the kids. She opines that the parent considering making a false allegation should give much more thought in advance about how it will detrimentally affect the children. The story, published on April 24, 2008, is an interesting read.… View Full Article → “Divorce’s Atomic Bomb: False Abuse Allegations”

Domestic violence and some relevant statistics. What do they tell us?

Domestic Violence is defined as a pattern of behavior utilized to establish power and control over another person. It typically involves an escalating pattern of abuse where one party in an intimate relationship controls the other through intimidation, threats of violence or actual violence. The abusers frequently manage to virtually “brainwash” the victim into believing that it was his/her fault and the abuse or beating was deserved. According to the National Violence Against Women Survey, nearly twenty-five percent (25%) of American women report being raped and/or physically assaulted by a current or former spouse, co-habitating partner, or a date at some time in their lives. Forty percent (40%) of adult Americans say they know a woman who has been physically abused in the past year by a male. In 2006, Ohio Law Enforcement Agencies responded to 71,946 domestic dispute calls (Ohio Attorney General’s Criminal Indemnification 2006 Statistics). Of those calls to the police, 34,021 were categorized as domestic violence incidents.… View Full Article → “Domestic violence and some relevant statistics. What do they tell us?”

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