Category Archives: Domestic Violence and Victims Benefits

Colorado Domestic Violence Bail Bond Issues – No Difference Between States

 

By H. Michael Steinberg – Colorado Domestic Violence Criminal Defense Lawyer

Domestic violence cases in Massachusetts follow the same kind of knee jerk response to high profile cases in Colorado As a result of the conviction for murder of Jared Remy – the son of red Sox player Jerry Remy, ALL defendant’s in Massachusetts’ domestic violence cases will face extreme scrutiny before bail is set in their cases.

In August of 2014 Jared Remy was accused arrested and accused of assaulting his wife – Jennifer Martel. Upon his release without the setting of bail – the worst happened and he returned to beat her to death. Because of Remy’s actions – the DA instituted the kind of bail policies that have been a part of the Colorado domestic violence system for decades.

A More Aggressive Approach To Setting Bail In Colorado Domestic Violence Cases

There is no excuse for Remy’s attack on his wife – but to make every man accused domestic violence pay for Remy’s crime – is just unfair. Each case should turn on the facts of that case.

As a result of Remy’s acts – every domestic abuse case is treated differently from ever other criminal case on the issue of setting bond. Each case is rigorously screened – every police report is reviewed – every prior criminal conviction is reviewed – and a supervisor personally reviews every bail recommendation. All this takes a great deal of time.

Victim/witness advocates will call the alleged victim, and will have local police track them down if they cannot be found Web Site.

High Bails Are Now Set – Alleged Domestic Violence Victims’ Wishes Ignored

The result of one man’s actions has meant extremely high bails, or, in some cases, recommendations of no bail where the DA feels the accused poses a danger. This is true even where the domestic violence evidence is weak and the likelihood of success at trial is small.

Even where the alleged victim herself appears in the courtroom and testifies that they not only do not fear their significant other, they are literally begging the Court to release their significant others to come home, their pleas fall on deaf ears.

In cases where the recommendation is for no bail – the defendant is held without bail for up to three days. Known as “58A dangerousness detention” these defendants are held even where the prosecutor knows his or her chances of winning the case is minimal.

A Judge Speaks Out – DA Lacks Credibility

One judge sees this political grandstanding for what it is. Understanding the evidence was weak in a specific domestic violence case she cautioned the DA at his bail request and made the remarked that the bail request made her take all of the DA’s requests for bail and bail conditions “less serious.”

If Colorado’s Victim’s Rights Law Is To Mean Anything…

If Colorado’s victim’s rights law is to mean anything… it must mean that the wishes of alleged victims will be taken seriously in EVERY case. The fear of these alleged victims in most cases which involve very minor crimes – is not of the accused defendant – it is the loss of the defendant’s employment, the loss of the family home, the loss of their savings to fight the case, the creation of a criminal history that closes many doors for the accused, the loss of contact with the children of the accused and the dozens of collateral impacts on the life of the family as a result of “taking a hard line.”

Remy will spend the rest of his life in prison – fine – but the prison he has created for the thousands of domestic violence defendant’s in Massachusetts should not be his legacy to the state.

Alleged Victims Of Colorado Domestic Violence Entitled To Major Benefits Under State and Federal Law

 

By H. Michael Steinberg Colorado Domestic Violence Crimes Criminal Defense Lawyer Email the Author at hmsteinberg@hotmail.com

Alleged Victims Of Colorado Domestic Violence Entitled To Major Benefits Under State and Federal Law – The “presumption of guilt” that follows a charge of a crime of domestic violence in Colorado and across the nation is unlike any other criminal charge in the criminal justice system.

Well before any kind of finding of guilt or innocence in these cases, an entire host of laws and services – commonly called “resources” kicks in for the “victims” of alleged domestic violence even before they are formally adjudicated AS VICTIMS.

The system presumes the accused is guilty and the alleged victim is – of course – telling the truth.

In a recent article I located from a group of researches in Canada – I found  what I consider to be the most coherent analysis of what has happened in the area of what I will call “domestic violence law.”

The Feminist Ideology of Domestic Violence And The Laws That Follow It

The view that is responsible for many of the laws protecting alleged victims of domestic violence is so one sided as to call into question the fundamental fairness of the treatment of tens of thousands of men across the country simply accursed of domestic violence.

Here is a LINK to – The Gender Paradigm in Domestic Violence Research and Theory: Part 1—the Conflict of Theory and Data – an important study about this issue the study and some excerpts from it:

Male violence in this country is always attributed to a broader social agenda.

As a result of this perspective, feminists tend to generalize about violent men, about men in general, and to ignore female pathology. As Dobash and Dobash (1979) put it, “Men who assault their wives are actually living up to cultural prescriptions that are cherished in Western society–aggressiveness, male dominance and female subordination–and they are using physical force as a means to enforce that dominance” (p. 24). Bograd (1988) defined feminist researchers as asking the fundamental question “Why do men beat their wives….

Feminists seek to understand why men in general use physical force against their partners and what functions this serves in a given historical context”.

In fact, the data demonstrate that while feminists are accurate in portraying abuse in intimate relationships as rampant, the reality is that most often both parties engage in aggression (Stets & Straus, 1992a, 1992b; Kessler et al., 2001, Nicholls & Dutton, 2001).

Feminism favors strong arrest policies and “intervention” rather than treatment (since treatment implies that society is less to blame) (Pence & Paymar, 1993). It is not clear how men are held individually responsible by feminism when patriarchy is to blame, nor how feminists account for differences in male populations in attitudes and acceptance of violence.

Among The Laws That Give The Alleged Victims of Domestic Violence An Overwhelming Presumption Of Truthfulness.

Alleged Victims of Domestic Violence Are Given Time Off From Work:

Time to testify at trial C.R.S. 24-4.1-303.

Time to seek a protection order, receive medical, mental health, or legal assistance, or secure your home C.R.S. 24-34-402.7.

If you feel you must leave your job because of safety concerns C.R.S. 8-73-108.

Alleged Victims of Domestic Violence Are Freely and Liberally Awarded Various Protection Orders

Mandatory protective order in criminal cases, including no contact orders C.R.S. 18-1-1001

Civil Protection Orders C.R.S. Title 13, Article 14

Employers obtaining protection orders C.R.S. 13-14-104.5 and C.R.S. 13-14-105 (1)(f).

Alleged Victims of Domestic Violence Are Entitled To Unemployment Benefits  

Unemployment benefits resulting from job termination due to domestic violence.) C.R.S. 8-73-108 (4)(r).

Domestic Abuse Discrimination in Health Care

Discrimination against domestic violence victims is prohibited (including by health insurance companies). C.R.S. 10-3-1104.8.

Domestic Violence Falls Under The Occupational Health and Safety Act (OSHA)

Provision of a workplace free from recognized hazards 29 U.S.C. §654 (a)(1).

Required reporting by employers to OSHA regarding family member assault. 29 C.F.R. §1904.5.

Various Laws “Protect” Alleged Victims From “Sexual Harassment”

Acts of violence against men and women may violate state and/or federal anti-discrimination laws. 42 U.S.C. §2000e-3a.

The Americans with Disabilities Act (The ADA) Has Liberal Provisions Protecting Alleged Victims of Domestic Violence

Victims with injuries from domestic violence may fall within the parameters of the ADA. The ADA applies to businesses with 15 or more employees. 42 U.S.C. §12101 et seq.

So Does The Family Medical Leave Act

Requires up to 12 weeks of unpaid leave for an employee to deal with own medical matters or those of a spouse, parent, or child’s serious medical condition. This applies to employers with 50 or more employees. 29 U.S.C. §2612 (a)(1).

And Of Course There Is The Ever Present Hand Of The Federal Government – The Violence Against Women Act (VAWA)

The protections of the VAWA – which was re-authorized 2013.  Click here to view the Complete Act

Alleged Victims Of Colorado Domestic Violence Entitled To Major Benefits Under State and Federal Law

If you found any information I have provided on this web page article helpful please click my Plus+1 button below so that others may also find it.

ABOUT THE AUTHOR: H. Michael SteinbergEmail The Author at hmsteinberg@hotmail.com – A Denver Colorado Domestic Violence Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.

If you are charged with A Colorado crime or you have questions about the topic of this article –Alleged Victims Of Colorado Domestic Violence Entitled To Major Benefits Under State and Federal Law, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.

Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.

Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm today.

Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving the subject of this article – Alleged Victims Of Colorado Domestic Violence Entitled To Major Benefits Under State and Federal Law.