Georgia Family Law Blog

Domestic violence | It's not just physical abuse

Yesterday, John P. Tassinari shot his wife, Barbara, multiple times with two 45-caliber handguns in the driveway of their Quincy, Massachusetts home. She died at the scene. She left two children, one son who is 10 and a 1-year-old from the marriage to Tassinari.

John Tassinari was described as follows by Barbara's family:

• He was a control freak who used a cellphone to keep tabs on his wife.
• He was also "infamously obsessive. He would need his hair shaved every Friday, he would wear shorts every day throughout the year."
• He made sure his wife did not have any cash, and would demand to see receipts for every purchase she made.
• He called her frequently - dozens of times during the day - to ask her where she was and when she'd be home.

Barbara's family said that she was planning to leave her husband, but not for another man. They said that she wanted out of her marriage because of his obsessive, controlling ways. Her father stated that he had never seen any signs of domestic abuse and that he'd have removed his daughter from the home if he'd seen abuse.

Domestic abuse isn't just physical violence

Unfortunately, not enough people realize that domestic abuse is not always physical abuse. Barbara's story is one that can help others to understand, to recognize and to protect themselves and their loved ones from domestic abuse.

Domestic abuse can be physical abuse or it can be the type of conduct that Barbara Tassinari experienced. The following has been defined as domestic abuse: [NOTE: The abuser is usually, but not always a male. However, to avoid repeated "him/her" construction, I have used female pronouns below.]

• Using economic abuse (e.g., making her ask for money, giving her an allowance, taking her money, making her account for even minor purchases)
• Using coercion and threats
• Using intimidation (e.g., making her afraid using looks, action, gestures)
• Using emotional abuse (e.g., belittling her, calling her names, making her feel guilty)
• Using isolation (e.g., controlling her activities, limiting her contacts with others)
• Using the children (e.g., threatening to take the children away, making her feel guilty about the children)
• Using male privilege (e.g. treating her like an inferior, making all the big decisions)
• (Minimizing, denying, blaming (e.g., denying that abuse happened, blaming her for causing the abuse)

For greater detail, see the Power and Control Wheel developed by the Domestic Abuse Intervention Project, Duluth, MN. This Wheel from the same source shows the detrimental effects that domestic violence has on the children living in the household.

Lawyers, family members and friends can help

Those in closest contact with a victim of domestic abuse need to know that research shows that a woman is most at risk of harm when she is planning to leave an abusive relationship. These are some helpful ways lawyers, family and friends can help a woman recognize domestic abuse in a relationship or marriage:

• Show her the materials on this Blog
• Talk with her and help her identify specific behaviors that constitute domestic abuse
• Help her devise a safety plan for leaving
• Help her get a secure email address and learn how to use the Internet safely. (See earlier posts on this Blog about Internet security)

Earlier articles on this Blog concerning Domestic Violence are found here.

Other resources

Handbook: A handbook to assist lawyers to identify and help clients who are domestic violence victims from the American Bar Association

Also from the ABA: Tips on Devising a Safety Plan

To read the Boston Globe article about Barbara Tassinari (also reprinted below)

SOURCE FOR POST: Updates in Michigan Family Law by Jeanne Hannah

Yesterday, John P. Tassinari shot his wife, Barbara, multiple times with two 45-caliber handguns in the driveway of their Quincy, Massachusetts home. She died at the scene. She left two children, one son who is 10 and a 1-year-old from the marriage to Tassinari.

John Tassinari was described as follows by Barbara's family:

Georgia, South Carolina Make Top 10 Most Violent States Against Women

One day after a domestic violence murder in South Augusta, the Violence Policy Center has unflattering statistics for our area.

The center says South Carolina is number six, and Georgia is number eight in the country for the number of women murdered by men.

Domestic violence counselors are calling on the community for help.

Yellow police tape surrounded the home where investigators say Calvin Foster Senior shot his wife, Daphne, five times Tuesday morning - killing her in a fit of rage.

It's logged as another statistic downtown, but one of rising concern to domestic violence counselors, like Rae Brammer who's disappointed with what she calls "lackluster efforts" to stop the problem.

"What are we telling people," Brammer asks, "that we can look the other way and it's not our problem? I think Augusta's looked the other way too long."

Maggie Tucker agrees. As Assistant Director of a shelter for domestic violence victims, she's worried about the increasing number of people who don't act when they should.

"Always a friend knew," she says of past victims who died at the hands of their domestic attacker. "There was some person that knew. So I think it's every body's responsibility."

But both Brammer and Tucker agree - helping a victim leave a bad situation is both difficult and dangerous.

"That's when the batterer will go into a rage," Tucker admits. "That's when a lot of women are killed - after they leave."

Still, they say, reporting domestic problems is the only way to stop a cycle of violence that Brammer says is passed from one generation to the next.

"If you care about children and if you care about the next generation, it's your problem."

In the report, 90 women were murdered in Georgia in domestic incidents. 90% of them knew their killer.

South Carolina saw 47 women murdered by men. 91% were killed by someone they knew.

Rankings are based on murders per 100,000 people. Georgia's population is larger than South Carolina's. That's why South Carolina is ranked higher.

SOURCE: NBCAugusta.com in a story by Joshua Quinn

Georgia Temporary Protective Orders

What is a TPO?

A Temporary Protective Order (TPO) is a legal document issued by a court to help victims obtain protection from persons abusing, harassing, or stalking them. A TPO will generally prohibit contact between parties and may remove or restrict someone from a certain place or residence. The following must occur before a judge will consider issuing a TPO:

• A recent act of family violence.
• The victim, or someone acting on behalf of the victim, must complete a petition requesting that a TPO be issued.
• Once the petition is completed, the victim will speak to a Judge.
• If the Judge finds that the order should be issued, papers will be filed at the clerk's office. The sheriff's office will receive a copy of the order so that the defendant can be served with the order.
• If the defendant violates the provisions set forth in the order, he/she can be held in contempt of court and possibly be arrested for a criminal violation. Any violation of the order should be reported to law enforcement and the courts.

Conditions for Application
Under Georgia Law, an application for a TPO can be made without the assistance of an attorney and there are no fees involved. An application for a TPO can be made if an act of family violence has occurred in one of the following situations.

• Past or present spouses
• Parents of the same children
• Parents and children
• Stepparents and stepchildren
• Foster parents and foster children
• Persons living or formerly living in the same household. NOTE: Dating relationships where there has been no cohabitation or no common children generally will not qualify for a TPO.

Domestic Violence Victims Are Not Always Women

According to the Centers for Disease Control and Prevention, domestic violence affects more than 32 million Americans (more than 10% of the U.S. population). Also, in the United Stated, 20% of all crime experienced by women are cases of intimate partner violence, compared to 3% of violent crime experienced by men.

Men Can Be Victims, Too

Very little is known about the actual number of men who are in a domestic relationship in which they are abused or treated violently by their male or female partners. Few of these incidents are ever reported to the police, so data is limited. However, approximately 23% of men who had lived with a man as a couple reported being raped, physically assaulted and/or stalked by another man, while 7.4% of men reported violence by a female spouse or cohabitant.

Russian Brides: Abusers Need Not Apply

On January 5, 2006, President Bush signed the International Marriage Broker Act of 2005 ("IMBRA"), found at Title VIII, Subtitle D of Public Law No. 109-162 which itself reauthorized the Violence Against Women Act. 

IMBRA imposes certain requirements on Internet dating services that primarily focus on matching American men with foreign women.  Before allowing an American to communicate with a foreign woman, an Internet dating service must conduct a criminal background check on the man, a sex-offender check on him and require him to complete a questionnaire detailing his previous arrests, convictions, marriages, divorces, children and all states of residence since he turned eighteen.

As one might imagine, IMBRA has been unpopular with American men who claim that it unfairly presumes they will abuse their future foreign spouses.

Why did Congress pass this law?  A court that ruled on IMBRA's constitutionality explained:

The rates of domestic violence against immigrant women are much higher than those of the U.S. population as a whole and have in common with women brokered through international marriage brokers a number of factors, including the dependency of the immigrant woman on the U.S. citizen for her legal status.  An estimated 70% of abusive U.S. citizen spouses, including those who consummate relationships through [International Marriage Brokers], withhold the filing of the proper paperwork necessary to validate the legal status of their immigrant female partners to cause them to fall out of legal status and to hold the threat of jail or deportation over the woman.  Estimates by the National Institute on Justice are that over 73 percent of domestic violence cases go unreported.

An international marriage broker called European Connections & Tours, Inc., sued to have IMBRA declared unconstitutional.  European Connections contended that IMBRA posed an impermissible prior restraint on European Connections' free speech rights.   A federal district court in Georgia upheld IMBRA's requirements.

SOURCE FOR POST: North Texas Divorce & Family Law Blog

Orders of Protection for Dogs?

Like Daniel Clement of the New York Divorce Report, I have previously written about custody of dogs in divorce actions. Dan has posted this week on a new trend to issue orders of protection in favor of pets. The New York Times reported that in one case in Connecticut, a golden retriever was granted an order of protection against one half of a divorcing couple.

As the police tell it, Cassandra Reynolds pulled up in the driveway of her ex-husband’s home in South Windsor to pick up a few belongings.

A dispute ensued. Her ex-husband’s golden retriever approached her, so she kicked it, the police said. The dog yelped. Ms. Reynolds was arrested.

That was on Sept. 23. The next day, a Superior Court judge ordered Ms. Reynolds, 39, to stay away from her ex-husband and his new wife. The judge also ordered her to stay at least 100 yards away from Riley, the golden retriever — or face up to five years in prison and a fine of up to $5,000.

Not surprisingly, pets, like people, are victims of domestic violence. According to the Times, there is legislation pending in other states, including New York, to allow courts to issue orders of protection in favor of animals. While this may be a noble and even necessary measure, I wonder if there is better way to accomplish the same goal.

As one police officer pointed out, “In a dispute, people tend to fixate on things they know will harm the other person.” Let me preface, my next statement, by saying I am a dog lover and owner. That said, is the case of directing anger against the dog in the incident described in the Times article, much different from smashing the windshield of the spouses car? Aren’t both acts really just displaced anger designed to hurt or terrorize the spouse?

Wouldn’t a better solution be to read and write orders of protection issued in cases of domestic violence broadly to protect both the person and the property of the person? Isn’t the symbolic act of violence directed to the property or pets of a person a threat which should be included in any protective order?

SOURCE: New York Divorce Report

Georgia Domestic Violence Crisis Support Resources

See below for a comprehensive list of Georgia Domestic Violence Advocates & Support Contacts.

SOURCE: Aardvarc.org

WHAT IS A TEMPORARY PROTECTIVE ORDER?

A Temporary Protective Order (TPO) is a civil order issued by a Superior Court Judge for the protection of victims of Family Violence or Stalking.

Pursuant to O.C.G.A. 19-13-4, a temporary protective order can:

(1) Direct a party to refrain from committing acts of family violence or stalking;

(2) Grant to a spouse possession of the residence or household of the parties and exclude the other spouse from the residence or household;

(3) Require a party to provide suitable alternative housing for a spouse, former spouse, or parent and the parties’ child or children;

(4) Award temporary custody of minor children and establish temporary visitation rights;

(5) Order the eviction of a party from the residence or household and order assistance to the victim in returning to it, or order assistance in retrieving personal property of the victim if the respondent’s eviction has not been ordered;

(6) Order either party to make payment for the support of minor children as required by law;

(7) Order either party to make payments for the support of a spouse as required by law;

(8) Provide for possession of personal property of the parties;

(9) Order a party to refrain from harassing or interfering with the other;

(10) Award costs and attorney’s fees to either party;

(11) Order the respondent to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence.

SOURCE: Cobb County Police Department and Frank Cox, Chief Magistrate of Cobb County Magistrate Court

Temporary Protective Orders

WHAT IS FAMILY VIOLENCE?

The Georgia Code 19-13-1 defines family violence as certain kinds of crimes between people who have certain relationships to each other. The kinds of crimes include battery, assault, stalking, criminal damage to property, unlawful restraint, criminal trespass and any felony. The people must be connected to each other as past or present spouses, parents of the same child, parents and children, stepparents and stepchildren or other persons living or formerly living in the same household. If the crime is stalking, the people do not have to have any relationship or connection to each other.

HOW CAN A TEMPORARY PROTECTIVE ORDER (TPO) HELP YOU?

A temporary protective order (TPO) is a court order to help protect you from someone who is abusing, threatening or harassing you. The order will require the abuser to stay away from you, your home and your work. The abuser will be prohibited from contacting you in any way.  The court can also order the abuser to stay away from your children if the court feels they are at risk.  The court can also order other kinds of relief in the TPO, such as temporary custody, support and possession of vehicles.

Getting a TPO does not mean the abuser goes to jail. The TPO makes it easier for the police to arrest the abuser for coming near you later, even if the abuser does not hurt you again.

Neglect and Abuse Laws: Overview

Neglect and Abuse Laws: Overview

Under state laws, it is a criminal offense for parents and legal guardians to fail to meet children's basic needs, including food, clothing, shelter, medical treatment, and supervision. Such failure constitutes child neglect.

Child abuse laws make it a crime for adults to abuse children in their care. Such adults include parents, legal guardians, other adults in the home, and baby-sitters. Supervising adults may not go beyond reasonable physical punishment. For example, adults who beat children so severely that the children require medical treatment have violated these laws. Child abuse laws cover not only physical abuse and sexual abuse, but also emotional abuse, such as subjecting a child to extreme public humiliation.

A person may be guilty of child abuse that he or she did not personally commit if that person had legal responsibility for the child and failed to protect the child from the abuser.

The law compels a wide range of people who have contact with children to report suspected child abuse or neglect. Such people include doctors, nurses, teachers, childcare workers, and social workers. A person who is required to report suspected neglect or abuse may face civil or criminal penalties for failure to do so.

States often encourage the reporting of suspected abuse through special hot lines. The laws of most states encourage persons to make reports of abuse by granting them immunity from defamation suits by the accused parents if they make the report in good faith--meaning the person who made the report genuinely suspected abuse, even if it later turns out that abuse did not occur.

Some states keep central lists of suspected child abuse cases. This helps identify abusers, such as parents who take their children to different hospitals in order to conceal evidence that they have repeatedly abused their children.

If the state takes a child away from a parent who has abused or neglected the child, the state usually seeks to reunite the family after correction of the problems that led to removal. This, however, is not always possible. If, for example, the parent makes little effort to improve or does not satisfactorily complete parenting skills programs offered by the state, then the state may ask a court to end all parental rights. If this happens, the legal bonds between parents and child are completely and permanently cut. The child then may be adopted by another family.

SOURCE: FindLaw

What types of Family Violence Protection Orders are available in Georgia?

In Georgia, there are two types of Family Violence Protection Orders:

• Temporary Ex Parte Orders
• Family Violence Protection Orders

A Temporary Ex Parte Order is designed to protect you until the court hearing you must have for a Family Violence Protection Order. You can receive a temporary order without a court hearing, and without your abuser’s knowledge. ("Ex parte" means without your abuser present).

A judge will grant the temporary order only if she or he believes that you are in immediate danger. Temporary orders last up to 30 days, or until your court hearing if it is being heard in another county in the same circuit. They can be extended beyond 30 days by agreement with both parties. This is called a consent order.

A Family Violence Protection Order can be issued after a court hearing in which you and the abuser both have a chance to tell your sides of the story. Family Violence Protection Orders last up to one year, but can be extended for up to three years, or permanently.

SOURCE: WomensLaw.org

What is the legal definition in Georgia of family violence?

In general, if a family or household member hurts you or tries to hurt you (with or without using a weapon) or gives you reason to believe that they are going to hurt you in the near future, that person has committed an act of family violence. For the purposes of getting a protective order, you must have a specific relationship with your abuser.

This type of behavior is illegal, and there are laws to protect you.

"Family violence" includes:

• Rape
• Hitting, kicking, pushing, slapping
• Stalking
• Criminal damage to property
• Restraint against your will
• Criminal trespass
• Unwanted touching, forcing you to take part in sexual acts against your will
• Threats of violence
• Other felonies

Family violence does not include "reasonable discipline" by a parent to a child in corporal punishment, restraint or detention.

SOURCE: WomensLaw.org

Family Violence in Georgia: A quick overview of the legal system

The legal system is divided into two areas: civil law and criminal law. Superior courts and State courts usually administrate these two areas of the law in different court sessions.

Civil law covers disputes between two people. In a civil domestic violence action, you are asking the court to protect you from the person abusing you. You are not asking the court to punish that person for committing a crime. The protective orders discussed on this page are handled in civil court.

The criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, theft, etc. A criminal complaint involves charging your abuser with a crime. If criminal charges are filed, the case will be in the hands of the prosecutor.

You may want to pursue both civil and criminal action against your abuser.

SOURCE: WomensLaw.org

CyberStalking: Eliminating "Cyber-confusion"

Recently, the term "cyberstalking" seems to be cropping up everywhere. But no one seems to know exactly what it means. Is it stalking by computer? By hidden cameras? By email? Is it cyberstalking to use a cell phone or pager to track someone? What technologies are really covered by cyberstalking? And why should anyone care?

The law rests on the accurate use of terms. For more than a decade, advocates and legislators have struggled to define stalking and write laws to prosecute stalkers. Now that all states have passed anti-stalking laws, law enforcement professionals, as well as the public, are starting to share a common understanding of the elements and definition of stalking.

Stalking takes many forms. Stalkers can physically follow their victims. They can use phones, the U.S. Postal Service, couriers, and even florists to track and pressure their prey. Stalkers can also bombard their victims with instant messages, photograph them with hidden cameras, install surveillance software on their computers, and use global positioning systems (GPS) to track them in their cars. But no matter what tools they use, stalkers are still stalkers.

So what's wrong with describing technology-aided stalking as "cyberstalking"? On the surface, the term seems harmless. But a closer look suggests a few problems. "Cyber" usually refers to the Internet. The term may be stretched to encompass all use of computers. But it does not cover the use of many other forms of technology. So it's inaccurate to describe stalking with GPS or a camera as cyberstalking. Some states have passed cyberstalking statutes to cover stalking via email, websites, and chat rooms (that require computers). But what happens when attorneys try to apply cyberstalking statutes to technology that the statutes do not address? Some confusion is inevitable.

Although most professionals now use computers, many are still intimidated by the complexity of technology. Many stalking-savvy law enforcement officers, prosecutors, or advocates hesitate to get involved in a case described as cyberstalking because they are not experts in the inner workings of a computer. The term "cyber" distracts them from what they already know about stalking laws and how to build a case. They forget that they can hire technology experts to explain how new technologies operate. What is most important for criminal justice professionals is to understand the basics and dynamics of stalking and, in general, how their state statutes address technology. Building on such a foundation, they can prosecute the ever-evolving forms of stalking with technology.

To deal effectively with technology's impact on stalking, we, as criminal justice professionals should make sure our language is appropriate. Instead of getting hung up on cyberstalking, why don't we just` say "the use of technology to stalk"? That way, the crime is clear, and "technology" covers the host of tools the stalker can use (now and in the future) to commit their crimes. Once we've defined our terms, law enforcement can go back to catching stalkers, Merriam-Webster can wrestle with "cyber," and we can all return to our computers with renewed confidence.

SOURCE: Stalking Resource Center

Stalkers Use GPS to Track Victims

Connie Adams found it impossible to escape her ex-boyfriend.

He would follow her as she drove to work or ran errands. He would inexplicably pull up next to her at stoplights and once tried to run her off the highway, authorities said.

When he showed up at a bar she was visiting for the first time, on a date, Adams began to suspect Paul Seidler wasn't operating on instinct alone.

He wasn't. Seidler had installed a satellite tracking device in Adams' car, according to police in Kenosha, Wisconsin, 30 miles south of Milwaukee.

"He told me no matter where I went or what I did, he would know where I was," Adams testified at a recent court hearing.

Police say Adams' case and several others across the country herald an incipient danger: high-tech stalking.

Just as the global satellite positioning system can help save lives, so can its abuse endanger them, advocates of stalking victims say.

"As technology advances, it's going to be almost impossible for victims to flee and get to safety," said Cindy Southworth, director of technology at the National Network to End Domestic Violence in Washington.

In the Adams case, Seidler pleaded innocent last month to felony counts of stalking, recklessly endangering safety, burglary and a misdemeanor count of disorderly conduct. His trial is pending.

How about using GPS monitoring to stop batterers?

Last month, 26-year-old Rebecca Griego was shot and killed by her ex-boyfriend, Jonathan Rowan, as she sat in her administrative office at the University of Washington. Rowan had previously threatened to harm Griego, her sister, and their dogs, and she had gotten a restraining order. She'd also passed out pictures of him to her co-workers so they could serve Rowan the order if he showed up at the campus. And she'd moved to a new apartment and started working from home for two weeks before her death. None of this, of course, helped her.

What might have? In fact, Washington had a good tool in place: a state law that allows judges to impose electronic monitoring as a condition of a restraining order. When judges so order, the police can keep tabs on abusers with a technology best known to people who are bad with directions: the global positioning system.

Just as GPS can find a lost driver, it can also alert cops and targets whenever a domestic-violence offender enters a restricted zone, like the area surrounding a woman's home or office. Police put an electronic bracelet on the batterer that sends a signal to computer servers at headquarters if he goes anywhere he shouldn't. Then, if he violates a restraining order, they can call the woman to let her know that he is on his uninvited way. The idea is to buy women crucial time, even if it's only minutes, so they can get away. The notification loop also kicks in if the offender tries to remove or deactivate the bracelet.

Restraining/Protective Orders and Family Violence in Georgia FAQ

My spouse or significant other has pushed me, what can I do?
Unwanted touching is a crime. If someone has touched, pushed or restrained you against your will, you should consider calling the police. Obviously if it was truly harmless such as a tap on the shoulder to get your attention, you should not call the police. But any touching meant to cause harm or intimidate should be reported.

What are the laws on "Family Violence"?
Aside from the criminal process of arrest and trial, there exists a civil process. This process allows you to proceed to court and ask for an immediate restraining order to prevent the other party from coming near you. If the court grants such an order, the other party will be delivered notice of the order together with notice of a court date at which time each side will present their side of the case and the court will decide whether to dismiss the suit or to extend the restraining order beyond the court date. Also, such a restraining order carries other consequences such as impacting the defendant's ability to carry a firearm.

What about "Stalking"?
Stalking (constantly following, calling or even emailing someone for the purpose of intimidation or harassment) is a crime, but it can also be the basis for the same type of relief sometimes granted in a Family Violence case (see FAQ on Family Violence).

What if someone files a false family violence claim against me?
This does happen. If you are accused of committing an act of family violence, you should hire an attorney and decide the best way to defend yourself in court. If the judge is convinced that you were falsely accused, the judge will dismiss the order and may even assess costs against the plaintiff.

What happens to the children after a Family Violence case?
The court, in a Family Violence proceeding, can also determine issues of custody, visitation and support. Be prepared with a suggestion for the court of what you would like to see happen after the trial.

SOURCE: DivorceNet

Domestic Violence in Georgia

Q. What is the best action to take if the divorce involves possible violent behavior from the other spouse?
A. It is possible that a divorce could cause one party to behave very badly or very violently. Every case is different, but if you fear your spouse might harm you, your children, or your property, then it is best to take the appropriate actions. These actions include moving to a safer location and getting a temporary restraining order to keep the individual away from you and your children, except as permitted by the court. It will also be best to close joint bank accounts and credit card accounts. Remember that you should only take these actions if it is very necessary. Otherwise, these actions, if not called for, will probably cause bad feelings and, you might lose the chance to resolve issues "amicably."

Q. How can I get help if myself and/or my children have been subject to physical abuse?
A. If you or your children are victims of physical abuse then seek help IMMEDIATELY. Do not wait. It is also important to know that not only are there criminal sanctions against such abuse, you may be able to pursue civil remedies against the abusive spouse in certain circumstances.

Some resource numbers for assistance:

For Women:
Grady Rape Crisis Center - 404-616-4861
Partnership Against Domestic Violence - 404-873-1766
Rape Abuse Incest National Network - 1-800-656-Hope(4673)
Battered Women's Assistance Program - 404-730-6883
Junior League of Dekalb County International Women's House (404)-299-2323
The Women's Resource Center of DeKalb County, Inc. (including the Battered Women's Shelter) 404-688-9436
The Governor's Victim Assistance Help Line - 1-800-338-6745
Georgia Advocates For Battered Women and Children - (404) 524-3847 (HOTLINE: 1-800-643-1212)

For Men:
The Father's Resource Center - 404-753-6040
Men Stopping Violence - 404-688-1376
Partnership Against Domestic Violence - 404-873-1766

For Children:
Georgia Center for Children - 404-876-1900
Georgia Council on Child Abuse - 404-870-6565
Georgia Fatherhood Initiative - 770-642-9104
Hughes Spalding Children's Hospital division of Child Psychiatry-404-616-2215

For Families:
Alcoholics Anonymous - 404-525-3178
Cooperative Parenting - 770-942-0042
Department of Family and Children Services - 404-657-8000
United Way of Metropolitan Atlanta at 404-614-1000

Website resource with additional help referral listings:
www.dc.peachnet.edu/~lawacs/mentalhealth.htm

This list is in no way exhaustive of the resources that may be available. For additional lists of services and/or shelters in your area, consult your local yellow pages.

**In emergency circumstances, temporary protection orders can be obtained from the court. (O.C.G.A. § 19-13-1 Family Domestic Violence Act - provides for expedited processing, for registering of protective orders as well as out-of-state domestic orders).**

SOURCE: DivorceNet

Domestic violence against animals

New developments in other states in family violence cases involving pets (see my prior post on the subject). Thanks to Heather Sunderman at the Maryland Family Law Blog for her post.

In California, you may soon be able to get a protective order for your pet.  A new bill would allow a petitioner to include a pet when requesting the order, fueled by research that batters often threaten or attack pets to control a victim of domestic violence.  While I don't expect this bill to become law or catch on in other states, this is evidence that state legislatures are giving victims of domestic violence more rights and options to protect themselves. 

Beauticians in Unique Position to Help Domestic Violence Victims

The first person to spot domestic abuse may be an unlikely prospect: the victim’s hair stylist, nail technician or massage therapist.

Victims often confide in these intimate professionals in comfortable surroundings - and then stop coming.

But that still leaves at least one final chance to get educational resources and sources of help into their hands first.

The abuse spotted may be a bruise - or an overwhelming exertion of control.

Heidi Markow is standing before a group of hair stylists, massage therapists and nail technicians at TC Salon & Spa in Bethlehem, Pa., but she's not there to talk perms or pampering.

She has something more serious on her mind. She wants to know if any of them have seen signs of possible domestic abuse in their clients.

The hands start going up.

Jase Defreitas said he noticed a bruise on his client's side during a massage.

Skin care specialist Alison Norton recalled giving a facial to a woman whose cell phone wouldn't stop ringing with calls from her husband.

And TC owner Frank Shipman said he's noticed husbands who never leave their wives' sides during a hair appointment, even dictating the color and cut.

"The control is frightening," he said.

DIY Divorces in Georgia - FAQ's

While it usually is not a good idea for a person to represent themselves in a contested divorce case, the Judicial Branch of Georgia has some good information and resources on its website:

1. How do I file for divorce?

You must file your petition for divorce with the Superior Court. In most cases, this will be the county in which the defendant resides. Title 19 Chapter 5 of the Georgia Code describes the specific details your petition must include. Once you have filed in the office of the Clerk of court, the clerk will file, record, and date stamp your petition. You must notify the defendant of the petition either by a waiver of service, personal service made by the Sheriff, Marshal or a private process server authorized by the court or by publication as appropriate under the state statutes. The court will charge a filing fee and you may also be required to pay a service or publication fee.

2. How much does it cost to file for divorce?

The Clerk of Court in the county in which you are going to file your case can provide you with an accurate estimate of the total court cost.

3. What is the difference between a legal separation and a divorce?

The end result is different, but the procedure and most of the issues involved are the same. A legal separation does not dissolve the marriage and does not give either spouse the legal capacity to remarry. The order generally defines the rights and responsibilities of the spouses between each other while living apart. On the other hand, a divorce decree, dissolves the marriage. The familial relationship has ended. Tthe spouses can no longer share in the estate of the other spouse, there are no longer any mutual responsibilities of support between the spouses other than those stated in the divorce decree, and each party has the legal capacity to remarry.

Jealous husbands may face trial in court in Mexico

Mexican men who display extreme jealousy or avoid sex with their wives could be tried in court and punished under a new law, the special prosecutor for crimes against women told a local newspaper on Friday.

Men who phone their wives every half hour to check up on them, constantly suspect them of infidelity or try to control the way they dress are committing the crime of jealousy, special prosecutor Alicia Elena Perez Duarte told Excelsior newspaper.

Those who stop talking to their wives, avoid sex or try to convince suspicious spouses they are "crazy" even if they are caught red-handed having an affair, are guilty of indifference, she said.

Men found guilty of jealousy or indifference could face up to five years in prison, the newspaper said. Mexico's individual states will determine the punishments, it said.

Tool for Attorneys to Screen for Domestic Violence

It is not easy to bring up these issues, but it is critically important. Think carefully about your manner of speaking and your actions before you begin to ask these questions. Incorporate questions about domestic violence in your standard intake process to minimize the stigma and encourage disclosure.

Here are some examples of questions to integrate into your standard interview for any new client:

• Has your intimate partner ever pushed, slapped, hit or hurt you in some way?
• Has your intimate partner ever hurt or threatened you?
• Has your intimate partner ever forced you to do something you did not want to do?
• Is there anything that goes on at home that makes you feel afraid?
• Does your intimate partner prevent you from eating or sleeping, or endanger your health in other ways?
• Has your intimate partner ever hurt your pets or destroyed your clothing, objects in your home, or something you especially cared about?
• Has your intimate partner taken the children without permission, threatened to never let them see you again, or otherwise harmed them?

SOURCE: American Bar Association Commission on Domestic Violence

Family Violence Affects Pets, Too

Al Nye, the author of the Maine Divorce Law Blog, recently reported about a new law in Maine that allows judges in Protection From Abuse cases to include pets in the order.  As reported in the Press Herald, the law would allow judges to include the pets of those who have been battered so that the person leaving can take the pet with them or else come back to the residence and retrieve the animal.  Police and others think that it’s not unusual for abusers to harm or threaten to harm pets.  It can be another method of keeping someone from leaving an abusive relationship.  The law allows fines or jail time for violators and goes into effect in 90 days.

I have recently learned of a resource in the Atlanta area called Ahimsa House, which is a 501(c)3 nonprofit corporation that provides shelter and aid to animals caught in the cycle of domestic violence. Ahimsa House is the first and only shelter of its kind in Georgia.

The word ahimsa means nonviolence in Sanskrit.

Ahimsa House exists to help save the animal victims of domestic violence. There are many shelters for human domestic violence victims in Georgia, but Ahimsa House is the only domestic violence shelter for animals in this state.

Abusers hit, kick, throw, torture, and kill the family pets in an effort to terrorize the family and keep them silent about the abuse in their home. Concern for a beloved companion animal's welfare prevents or delays more than 50% of battered individuals from escaping domestic abuse, continuing to endanger themselves, their children, and their pets. Their concerns are legitimate: it is estimated that 88% of animals in households where mental and physical abuse takes place, the family pet is injured or killed when the victim tries to leave.

Ahimsa House, Inc., assists victims of abuse by providing a safe haven for their companion animals so that they do not have to worry about their safety and well being. Ahimsa House works with law enforcement agencies, domestic violence shelters, and counseling agencies in metro Atlanta and Athens to assist both the human and animal victims. Women, children, and their beloved pets are reunited after approximately 65 days.

SOURCES: Maine Divorce Law Blog and Ahimsa House