Category Archives: Domestic Violence Laws Unconstitutional

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

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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.

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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.

Aggravated Harassment Law Struck Down

by H. Michael Steinberg Colorado Harassment Criminal Defense Lawyer – Email the Author at hmsteinberg@hotmail.com 5 mg levitra enough

New York’s Appellate Courts struck a blow for justice yesterday when they struck down a New York Harassment law called “aggravated harassment.” The Court held that speech that is merely annoying or alarming is not illegal – the Court ruled that the law was unconstitutionally vague and over broad on its face.

The law read that it was a felony to communicate with someone “in a manner likely to cause annoyance or alarm.”

In striking down the law – the higher court ruled that “any proscription of pure speech must be sharply limited to words which, by their utterance alone, inflict injury or tend naturally to evoke immediate violence.”

Colorado’s Harassment Law Is Often Charged In Weak Domestic Violence Cases

A common practice during arguments between married or committed individuals is to argue – to shout – to use epithets – to call or text ugly words. These common practices can become fodder for arrests by police officers compelled to decide if they violate Colorado’s Harassment Laws under 18-9-111.

…I have watched as harassment is routinely charged in the weakest, most vague and otherwise unchargeable cases. This charged is routinely called a “kitchen sink” crime like careless driving in the area of traffic cases. It is charged when there just isn’t anything else that you could be charged with. But the truth is this – if harassment is charged as “an act of domestic violence” what follows after the mandatory arrest – can be life changing -restraining orders, domestic violence treatment, probation, and the loss of second amendment rights.

Colorado Harassment Law – 18-9-111

In Colorado, harassment is charged when the police and the DA believe one of the following sections has been violated:

A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:

(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or

(b) In a public place directs obscene language or makes an obscene gesture to or at another person; or

(c) Follows a person in or about a public place; or

(e) Initiates communication with a person, anonymously or otherwise by telephone, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer system that is obscene; or

(f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or

(g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or private residence or other private property; or

(h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.

(1.5) As used in this section, unless the context otherwise requires, “obscene” means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.