Monday, December 31, 2012
Girl Who Defied Taliban Makes Top 10 Most Admired List
Girl Who Defied Taliban Makes Top 10 Most Admired List: The results are in and America has spoken: Malala Yousafzai is among the top 10 most admired women of 2012. The fifteen-year-old Pakistani teenager became an international symbol after she was shot by the Taliban in October for arguing that girls should receive an...
Dunkin’ Donuts Tests Gluten-Free Items
Dunkin’ Donuts Tests Gluten-Free Items: Home to an assortment of bagels and donuts, Dunkin’ Donuts is testing two new gluten-free products in select stores. “A few select Dunkin’ Donuts restaurants in the Boston and Miami areas are currently carrying gluten-free muffins and donuts. These include Blueberry Muffins and Cinnamon Sugar...
Supreme Court: Chief Justice John Roberts on ‘Fiscal Cliff’
Supreme Court: Chief Justice John Roberts on ‘Fiscal Cliff’: Acknowledging the “much publicized fiscal cliff” and the country’s “truly extravagant and burgeoning national debt,” Chief Justice John Roberts dedicated the majority of his annual year-end report to a summary of the efforts by the Judiciary Branch of government to contain costs. In the report,...
‘Fiscal Cliff’ Standoff Weighs on Stocks, 401(k)s
‘Fiscal Cliff’ Standoff Weighs on Stocks, 401(k)s: Investors hate uncertainty, and Washington’s game of cat and mouse on the so-called fiscal cliff of tax hikes and spending cuts has erased hundreds of billions of dollars from the wealth of Americans. If a deal is not reached, the consequences for the economy will be...
Biggest Losers: 9 Stocks Hammered in 2012
Biggest Losers: 9 Stocks Hammered in 2012: The New Year is almost here, and executives at some U.S. companies are glad 2012 is over. These are the firms that went off the rails, leading to large share-price losses. For this story, we looked at the nine biggest share-price losers among U.S.-based companies with market...
New Year, New Headache? Hangover Cures and Myths
New Year, New Headache? Hangover Cures and Myths: After the Times Square ball drops on New Year’s Eve and copious amounts of Champagne get toasted and drunk, many might find themselves forgetting more ”auld acquaintances” than they intended and waking up to 2013 with a vicious hangover. A hangover is essentially a build-up of acetaldehyde, a toxin in...
New Year Welcomes Oddball State Laws
New Year Welcomes Oddball State Laws: Many new, unusual state laws will take effect when the ball drops at midnight and millions of Americans ring in the New Year, including one that will limit the number of cats in a household. Turns out 2013 will be unlucky for cat lovers in...
Sunday, December 30, 2012
Mayan Temple Damaged by ‘End-of-World’ Parties
Mayan Temple Damaged by ‘End-of-World’ Parties: An ancient stone temple in Guatemala suffered significant damage from “end of the word” party goers earlier this month. Tikal, where the temple is located, is a UNESCO World Heritage Site and, according to AFP, “the largest archaeological site and urban center of the Mayan...
Obama: Newtown Shooting ‘Worst Day’ of Presidency
Obama: Newtown Shooting ‘Worst Day’ of Presidency: President Obama said the Newton, Conn., shootings on December 14 was the “worst day” of his time in office. Recollecting the tragic shooting deaths of 20 first graders and six adults at a Newtown, Conn. elementary school on NBC’s “Meet the Press,” the president had been...
After 5 Deaths, Stores Recall Nap Nanny Recliners
After 5 Deaths, Stores Recall Nap Nanny Recliners: The company that makes the Nap Nanny – a device marketed as a portable recliner for infants to sleep on – has refused to recall the product, even after the Consumer Product Safety Commission reported 70 complaints, including 5 deaths. So now, in an unusual...
Time for Romney-Style Binders? Corporate Women Lag Behind
Time for Romney-Style Binders? Corporate Women Lag Behind: Mitt Romney may have introduced “binder full of women” into the lexicon, but a group working to promote women in business is proposing its own binder full of women in conjunction with its release on the latest, dismal numbers on women at the top of...
Saturday, December 29, 2012
Marty Becker’s Best Pet Products of 2012
Marty Becker’s Best Pet Products of 2012: From a terrarium for turtles to goggles, cake kits, speakers and more for dogs, this year had no shortage of new products to pamper your pets. Veterinarian Marty Becker is always on the lookout for the hottest pet products and every year he polls 100...
Dad Creates Time-Lapse Video Showing Mom What Really Happens While She’s Away
Dad Creates Time-Lapse Video Showing Mom What Really Happens While She’s Away: When Mommy is away, Dad and son will play. And if your dad works in the video production business, that playtime gets filmed, turned into a time-lapse video and instantly goes viral. Emio Tomeoni, 30, of Kansas City, Mo., works odd hours and often finds...
Friday, December 28, 2012
Thursday, December 27, 2012
10 Healthy Tips to Start Off the New Year
10 Healthy Tips to Start Off the New Year: By Diane Henderiks Resolution: “I will lose weight this year” Solution: “Don’t diet…change your lifestyle” This is the time of year when many of us resolve to lose weight and exercise more. How many years has this been your resolution? Isn’t it discouraging to set...
Toyota Prius Tops Consumer Reports Ratings
Toyota Prius Tops Consumer Reports Ratings: The hybrid gas-electric Toyota Prius topped Consumer Reports annual list of Best and Worst New-Car Values for the first time, with the magazine saying the car’s cost to operate is about one-half that of a conventional vehicle. The Prius (at 26,$750 for the Four model) knocked the much...
California First to Endorse Comprehensive Social Media Privacy Law
California First to Endorse Comprehensive Social Media Privacy Law: Starting Jan. 1, 2013, California will be the first state to enact comprehensive social media privacy legislation, officials say. As he passed the act known as the Social Media Privacy Act on Sept. 27, California Gov. Jerry Brown posted on his Google+ page: ”Today I am...
Wednesday, December 26, 2012
Saturday, December 22, 2012
Once-Conjoined Twins Make Debut After Surgery
Once-Conjoined Twins Make Debut After Surgery: Two 9-month-old baby girls, who were born joined at the lower chest and abdomen, made their public debut, bringing much happiness and relief to their proud parents just in time for Christmas. The twins, Allison June and Amelia Lee Tucker were separated Nov. 7 at...
Final Day of Funerals For Newtown Shooting Victims
Final Day of Funerals For Newtown Shooting Victims: The final three victims of the massacre at Sandy Hook Elementary School will be laid to rest today, ending a somber week of funerals. A mass will take place today at St. Rose of Lima Catholic Church for Josephine Gay, who had celebrated her 7th...
Thursday, December 20, 2012
Wednesday, December 19, 2012
Tuesday, December 18, 2012
Monday, December 17, 2012
Saturday, December 15, 2012
Texting Pedestrians Risk Injuries
Texting Pedestrians Risk Injuries: Reported by Dr. Sam Li: Pedestrians who text are four times less likely to look before crossing the street, cross at designated areas or obey traffic lights, according to a new study that highlights the hazards of mobile technology. In monitoring 20 of Seattle’s busiest...
Gadget Gift Guide: Picks for Pet Lovers
Gadget Gift Guide: Picks for Pet Lovers: While Prancer and Vixen help bring Christmas cheer, it’s Fido and Fluffy we’re thinking of more and more this time of year. Americans spend an average of $5 billion on their pets during the holidays and more than $50 billion on them annually, according to...
Friday, December 14, 2012
UN Internet Treaty Blocked
UN Internet Treaty Blocked: Morning Business Memo: Hands off my Internet! A proposed global treaty that would have allowed governments greater control of the Web has been blocked by the United States and other Western nations. At a U.N. conference in Dubai, more than 20 countries joined the United...
D.C. Man Sues Comcast Over Error That He Claims Cost Him $26,000
D.C. Man Sues Comcast Over Error That He Claims Cost Him $26,000: In June 2010, Marc Himmelstein called Comcast of the District LLC to cancel his cable and high-speed Internet services in his Northwest Washington, D.C., home, Courthouse News reported. Comcast told Himmelstein he was due a refund of $123.19. The company’s equipment was removed from Himmelstein’s home, but a modem was accidentally...
Olympians Live Longer, Study Finds
Olympians Live Longer, Study Finds: Reported by Dr. Sam Li: Not only does Michael Phelps have more gold medals than you, he’ll probably live longer, too. A new study found Olympic medalists live an average of 2.8 years longer than their fellow countrymen. “Olympic medalists live longer than the general population,...
Sen.-elect Tim Kaine was governor at the time. After the massacre, he pushed a package of mental health reforms and heightened requirements that people ordered to undergo treatment for mental problems be added to a national database of people barred from purchasing firearms.
http://www.huffingtonpost.com/2012/12/14/bob-mcdonnell-shooting_n_2302744.html
Christmas Shopping: Great Gift Ideas for Teens
Christmas Shopping: Great Gift Ideas for Teens: Christmas is fast approaching, and you’re probably making your list and checking it twice. Trend forecaster Jane Buckingham, CEO of Trendera, appeared on “Good Morning America” today to share some creative gift ideas for the teens on your shopping list. Gift Ideas Rover App-Controlled Spy...
Beagle Sniffs Out Bacterial Infection
Beagle Sniffs Out Bacterial Infection: Reported by Dr. Amish Patel: A 2-year-old beagle in the Netherlands has been trained to sniff out Clostridium difficile, a skill that could help doctors catch the deadly infection days before laboratory tests. Clostridium difficile infections often occur in people who are already taking antibiotics,...
Thursday, December 13, 2012
Relive Your 2012 Year in Social Media with Facebook and Twitter Tools
Relive Your 2012 Year in Social Media with Facebook and Twitter Tools: Sure, Facebook, Twitter, Google and every other search engine have just listed their top 2012 trends. But what about your own? With 2013 just around the corner, Facebook and Twitter are giving its users the opportunity to stroll down their own social memory lanes with your top photos, posts...
Nation’s First Sex-Ed Standardized Testing Shows Students’ Gaps
Nation’s First Sex-Ed Standardized Testing Shows Students’ Gaps: The District of Columbia has released results for the nation’s first-ever standardized test that includes sex-education, showing that fifth- and eighth-graders have a lot to learn about their bodies. The test, known as the 2012 District of Columbia Comprehensive Assessment System (DC CAS), was administered...
Top 6 Questions to Ask Your Financial Advisor
http://abcnews.go.com/Business/top-questions-financial-advisor/story?id=17942215
In-laws can help -- or hurt -- your marriage By Ian Kerner, Special to CNN updated 10:09 AM EST, Thu December 13, 2012
http://www.cnn.com/2012/12/13/health/kerner-inlaws/index.html?iref=obinsite
Tuesday, December 11, 2012
Doctors Find Success Using Retooled HIV to Fight Leukemia
Doctors Find Success Using Retooled HIV to Fight Leukemia: By Ann Reynolds: In April, Emma Brooke Whitehead’s leukemia seemed unbeatable. Emma, a 6-year-old from Phillipsburg, Pa., had been fighting the disease for nearly two years and doctors at Children’s Hospital of Philadelphia said there were no standard treatments left. So they took a gamble...
Smart Cups Detect Date Rape Drugs
Smart Cups Detect Date Rape Drugs: Drink Savvy, a Boston-based company, has created a material that changes color when it comes in contact with a drug-spiked drink. Founder Mike Abramson said he plans to use the discovery to create a set of products, including cups, glassware, stirrers and straws, that...
Monday, December 10, 2012
Over 50 and Looking for Love? New Dating Site for the Older Crowd
Over 50 and Looking for Love? New Dating Site for the Older Crowd: Mention AARP and most people think of Social Security, Medicare and senior discounts. Now the group is getting into the dating business. The organization has launched an online dating channel, and an online dating site for the over-50 crowd. It can be found at aarp.org/dating...
Still Time for a Flu Shot
Still Time for a Flu Shot: It’s official: flu season is here. But experts say it’s not too late to get a flu shot — your best protection against winter’s wiliest virus. “This year’s vaccine appears to be right on target with the circulating virus,” said Dr. William Schaffner, chair of...
Holiday gift-giving at work: 5 ways to get it right By Anne Fisher
You might find that standard practice at your company is for teams or departments to chip in on one gift for the boss, which Oliver says is a widespread tradition that costs each person some small amount of cash and keeps coworkers from one-upping each other. (It also precludes the appearance of, as you say, kissing up). But if that isn't how they do it at your company, Oliver offers five suggestions for blunder-free gift-giving -- whether to your boss or to anyone else.
1. Don't overspend. "The rule of thumb for office gifts is that they be inexpensive," says Oliver. "It's poor etiquette to spend, say, $50 on a silk scarf for a coworker, because chances are she'll have bought you a little box of candy and be embarrassed." Oliver recommends keeping each gift at a $20 limit: "Think about a gift card, a cookbook, a bottle of wine, a gourmet food item, a potted flower, or a two-drink voucher at a local watering hole."
2. Thoughtfulness counts. "Avoid giving the same gift to everyone in the office," Oliver advises. "It's okay for companies to do that -- send the same gift basket to every client, for example -- but for individuals, no." Instead, pick a gift based on what you know the recipient likes. "The point is to show you put some thought into it," she adds. "If you're aware that a coworker is trying to lose 10 pounds, don't give them a box of chocolates."
3. Keep a couple of "anybody gifts" handy. Just in case someone shows up in your cubicle bearing a gift you weren't expecting, says Oliver, it's a nice idea to have one or two already-wrapped goodies stashed in your desk -- for instance, a paperback bestseller, or a pair of designer-inspired sunglasses you picked up at a discount store. If you don't get around to buying (or wrapping) these, though, don't worry about it: "It's perfectly fine to reciprocate by taking the person out to lunch."
4. Don't try to be funny. What one person thinks is hilarious, a colleague might see as in dubious taste, or just silly (or both). So play it safe and don't go there.
5. Always give to helpers and service staffers. These include support staff such as receptionists and assistants in your immediate area, as well as "other support staff, including the mailroom person, perhaps a frequent messenger you know by name, the night or weekend cleaning person, and anyone else who makes your everyday life easier and more pleasant," says Oliver.
http://management.fortune.cnn.com/2012/12/06/holiday-gifts-etiquette-work/
Sunday, December 9, 2012
Overachieving moms are ruining my Christmas By Jen, Special to HLN
http://www.hlntv.com/article/2012/12/06/over-achieving-moms-are-ruining-my-christmas
Saturday, December 8, 2012
Cold Remedy Cocktails: Do They Work?
Cold Remedy Cocktails: Do They Work?: When it comes to adding a shot of alcohol to your cold or flu remedy, it’s hard not to wish those boozy concoctions are doing some good for your health. As it turns out, they are. Well, kinda. Drinks like hot toddies, which traditionally contain...
A blood test for autism?
http://www.cnn.com/2012/12/07/health/time-blood-autism/index.html?hpt=he_c2
Teen says pink toy ovens discourage boys from kitchen play By Emanuella Grinberg, CNN
http://www.cnn.com/2012/12/06/living/gender-toy-marketing-petition/index.html?hpt=hp_bn11
Friday, December 7, 2012
Pakistani schoolgirl activist Malala thanks supporters after being shot by Taliban
(CNN) -- Malala Yousufzai, the Pakistani schoolgirl activist who was shot in the head by the Taliban, has expressed gratitude to the people around the world who have supported her as she recovers from the traumatic attack.
"Thank you so much for the outpouring of love and support," Malala said in a message read by Anderson Cooper at the CNN Heroes ceremony in Los Angeles. "I thank the people that supported me without distinguishing religion and color."
Malala has been campaigning for girls' right to education in a conservative area of Pakistan for years.
In her message, she praised girls in northwestern Pakistan "who are continuing their studies despite threats from militants."
She is now at a hospital in Britain, where she was transferred to soon after the assassination attempt in northwestern Pakistan in October. Examinations there revealed that she had suffered no major neurological damage, but she still faces a long struggle to recover from her injuries.
Malala is reading books and walking in the hospital in the city of Birmingham, according to her father, Ziauddin Yousufzai.
Her story generated a huge amount sympathy and support in Pakistan and across the globe.
The Pakistani Taliban have threatened to go after her again, but Malala appears to be undeterred from her campaigning.
"People have actually supported a cause, not an individual," she said in her message. "Let's work together to educate girls around the world."
Boomers who remarry learn from failed relationships By Emanuella Grinberg, CNN
http://www.cnn.com/2012/12/05/living/baby-boomers-second-families/index.html?hpt=li_c2
Thursday, December 6, 2012
Dogs Donated To Law Enforcement Agencies After Stints In Afghanistan Patrol Metro Stations In Washington,D.C.
http://www.wusa9.com/news/article/232174/158/Canine-War-Heroes-Now-Working-In-DC?hpt=us_bn8
Wednesday, December 5, 2012
Tuesday, December 4, 2012
How Busy Moms Can Save Time
Speed-Clean Your Bathroom
You have just five minutes to clean your bathroom? Here’s how to use them.
Minute 1: Drop two Alka-Seltzer tablets into the toilet bowl and let the bubbles do their magic. Toss used towels in a pile outside the door; stash odds and ends (brushes, hair dryer) in drawers or a pretty basket. Get rid of melty soap bars and lingering chips.
Minute 2: With a damp microfiber cloth, swipe cobwebs from ceiling corners (stick the cloth on the end of a broom to reach) and dust door frames, tile ledges, moldings, shelves, framed art, and sills. Rinse and wring. Do the light switch and the soap dish with a disinfecting wipe.
Minute 3: Spray mirrors with glass cleaner and rub in circles with the cloth. Then run a wipe over the vanity and the sink to pick up rogue hairs, powder, and toothpaste. (Clorox brand is safe for most hard surfaces, including marble.) Grab a new wipe for the faucet handles, the wall behind the faucet, and any light fixtures.
View The Entire Checklist
http://www.realsimple.com/work-life/busy-moms-save-time-00000000030772/index.html
Monday, December 3, 2012
10 Ways to Combat Loneliness this Holiday Season
Millions of people feel depressed when they hear the words to that popular Christmas song: “It’s the most wonderful time of the year”. For many, the holidays are times of loss and loneliness.
If you are lonely, it’s important to first identify the reason for your loneliness. Is it due to the death of a loved one, a recent separation or divorce, a military deployment, distance from family, singleness? The reason may not be immediately changeable, but does require good coping skills in order to avoid sinking in to depression.
Here are 10 suggestions on how to deal with your loneliness:
1. Stay engaged in life.
Don’t isolate yourself. Plan to attend activities that don’t require a partner—a sing-along at church, a cooking demonstration, or a book signing.
2. Exercise self-care.
Get out an exercise. Eat well. Treat yourself to a massage or a good book. Take up a hobby.
3. Get a pet.
Pets make great companions if you can afford them and can work them in to your lifestyle.
4. Develop an attitude of gratitude.
Studies show that focusing on your blessings improves your mood.
5. Lose the self-pity.
There is always someone with a story more desperate than yours. Life is hard and loss happens. God helps us through hardship, but He never promised a life without heartache.
6. Help others.
Serve the homeless, take cookies to the elderly, or organize an event for a nursing home. Because our extended family doesn’t live in the area, we invite international university students who can’t go home for holiday dinners over to our house. Be creative.
7. Rethink your expectations.
With all the hype around the holidays, it is easy to think everyone is gathering and having the time of their life. Assess your situation, make realistic expectations and actively work at them.
8. Evaluate your friendships.
Have you spent time all year cultivating friends? If not, this may be one reason you are feeling lonely. Decide to make changes in the coming year to build relationships.
9. Do not use alcohol, shopping, eating or other vices to cope with lonely feelings.
When you feel down, write a list of behaviors that are healthy. Your list could include listening to upbeat music, calling a friend, writing in a journal, or reading the Bible.
10. Don’t give in to hopelessness.
Get out your Bible, read the promises of God, pray and worship. God never leaves you and offers His spirit to comfort you.
Dr. Linda Mintle is the author of Letting Go of Worry, a book that can help you stop worried thoughts. For more, visit her website: www.drlindahelps.com.
Saturday, December 1, 2012
Intimate Partner Violence
Intimate partner violence (IPV) is a serious, preventable public health problem that affects millions of Americans. The term "intimate partner violence" describes physical, sexual, or psychological harm by a current or former partner or spouse. This type of violence can occur among heterosexual or same-sex couples and does not require sexual intimacy.
The goal is to stop IPV before it begins. There is a lot to learn about how to prevent IPV. We do know that strategies that promote healthy behaviors in relationships are important. Programs that teach young people skills for dating can prevent violence. These programs can stop violence in dating relationships before it occurs.
http://www.cdc.gov/violenceprevention/intimatepartnerviolence/index.html
Thursday, November 29, 2012
A guide to raising bilingual children
(Parenting) -- Simone's mom reads, sings and talks to him in French. In fact, Melissa Da, a French-American from Baltimore, only speaks her native language to the 2 1/2-year-old.
The goal? To raise him to be bilingual.
The number of U.S. residents age 5 and older who speak a language other than English at home has more than doubled in the past three decades. Parents like Da and Jennifer Ghurani of Hawthorne, California, are a small part of the reason why. "I want Delila to know where she's from and be able to interact with her extended family," says Ghurani, who's teaching her daughter to speak Arabic.
If you've ever thought about raising your kid to be multilingual, now's the perfect time to start. "Babies are wired for language," says Naomi Steiner M.D., developmental and behavioral pediatrician at the Floating Hospital for Children, Tufts Medical Center, and author of "7 Steps to Raising a Bilingual Child."
Parenting: Teach your baby sign language
"The earlier they're introduced to a second language, the easier it will be for them to pick it up." Knowing a second (or third!) language could one day give your child an edge in an increasingly global workforce. And that isn't the only plus, says Dr. Steiner. "When these children get to school age, they tend to have superior reading and writing skills in both languages, as well as better analytical and academic skills," she explains.
Whether you already speak more than one language in your home or you want your baby to have some exposure to a second language but you don't know how to navigate the uncharted waters, here's a guide to cultivating a multilingual environment.
Dip your toes in
Start small by introducing books, games, music and DVDs in the second language. Until recently, scientists thought language acquisition relied on face-to-face communication.
"That's still the gold standard, but less direct exposure is also beneficial," says Dr. Steiner, who recommends using age-appropriate language materials (find books and CDs at your local library for free!) and Internet streaming of foreign-language music on a regular basis. Teresa Benton (name changed due to pending divorce) of Yorba Linda, California, watches Spanish versions of Mickey Mouse Clubhouse and Sesame Street on a local cable station with her toddler daughter Grace.
Parenting: Meet Dora the Explorer's mom
What you can expect: Basic comprehension. "Learning a language is a question of repeated high-quality exposure," says Dr. Steiner. "If a family reads a book to their child in Spanish as part of a bedtime routine, that's a lot of reading and a lot of learning over an extended period of time." If sustained, this type of exposure will help children learn to say some words and understand their meanings.
Splash around
In addition to using foreign language gear, hire a babysitter who speaks another tongue, secure bilingual daycare or arrange playdates with bilingual families. Benton's ex-husband worked in Spanish-speaking communities, so he asked clients for sitter recommendations. For other parents, finding bilingual childcare may require agency help. Ghurani's daughter attends a Montessori school that teaches basic Spanish.
"Finding appropriate immersion programs depends on where you live," says Liane Comeau Ph.D., a child and language development expert in Montreal. In California, some English-speaking kids attend Spanish-English bilingual schools and leave fifth grade fluent in Spanish.
Parenting: Maternal health around the world
What you can expect: Results range from recognizing the language when it's spoken to being able to converse casually. The more time the child spends with the nanny or in bilingual daycare, the greater the proficiency. "It all depends on the amount and quality of the child's exposure," says Dr. Steiner.
Go all the way by speaking only that language at home. For many families, in-home immersion translates to one parent speaking in the second language and the other parent speaking English. The back-and-forth banter doesn't trip up tots, says Comeau, who's raising her 16-month-old son to be bilingual. Da's son, Simon, for example, asks his mom for watermelon in French but addresses his dad in English. For extra support, reach out to relatives. Ghurani asks extended family to speak only in Arabic to Delila.
What you can expect: A bilingual tot, in time. Don't worry if he doesn't speak either language as adeptly as his monolingual peers at first. If your child is exposed to both languages the same amount, he will be able to speak both equally well by the time he goes to school.
http://www.cnn.com/2012/11/28/living/parenting-bilingual-children/index.html?hpt=hp_bn11
Wednesday, November 28, 2012
Do your money goals seem impossible? Ask us your financial questions!
HLN money expert Clark Howard is answering them weeknights on Evening Express 5 – 7 p.m. ET.
http://ireport.cnn.com/topics/123127
Tuesday, November 27, 2012
Providing Focused Health Care. . .
The Pinellas County Department of Health & Human Services has partnered with the Pinellas County Health Department and Community Health Centers of Pinellas, Inc. to provide prevention focused health care to eligible Pinellas County residents. Medical homes represent a model of care where each client has an ongoing relationship with a personal physician or primary care provider who leads a team that takes collective responsibility for patient care. The team is responsible for coordinating all the client's health care needs and, when needed, arranges for appropriate care with other qualified physicians or specialty providers. However, this approach also requires client participation and a willingness to work with the health care team to improve health status. A medical home also emphasizes personalized care through open scheduling, expanded service hours and improved communication between patients, providers and staff. As part of the Health Program, case managers are co-located in the medical homes and selected emergency rooms to help achieve the goals of care continuity, emergency room diversion, and improved health for the uninsured population.
National Health Care for the Homeless
This site contains a plethora of contacts, resources, pamphlets, videos and tools designed to educate and inform healthcare workers on their specific skills sets.
Pinellas County Health Program Client Handbook
The Pinellas County Health Program (PCHP) is a primary care and prevention focused health care program for eligible Pinellas County residents. Please Note: This is not a health insurance plan.
Eligibility Policy (Updated 5/3/11)
Eligibility Presentation (Updated 5/3/11)
PCHP Application Form (Updated 5/3/11)
Self-Employment Student Worksheet (Updated 4/1/10)
Behavioral Health Screening (Updated 5/3/11)
http://www.pinellascounty.org/humanservices/health_providers.htm
Scoring Sheet for Behavioral Health Screening Form (Updated 5/3/11)
The secret life of my sixth grader By Wendy Sachs, Special to CNN
(CNN) -- My sixth grader has a secret life online.
It wasn't so secret about a week ago when I discovered his public profile on Instagram, where he was posting dramatic photos and soulful "Versagrams" (graphical text messages), for all the world to see. One moment he was in love, the next full of despair. I was stunned.
My 11-year-old son has never let on that he is remotely interested in girls. Not a word. And he's not exactly the middle school kid with swagger. He's a relatively shy guy. Yet, his Instagram avatar was boldly flirting with a girl, prolifically posting inside jokes about his crush and inviting commentary not only from his school friends, but also from a far-flung social network of kids from Connecticut to New Jersey who I am certain he's never met in person.
His phone was beeping nonstop for three days, with a stream of frenzied text messages and Instagram posts. Something big was going on. My son wanted to ask a girl out. Did she like him, too? He wasn't sure, but from what I saw online, this was hardly confidential information. His plan for asking her out was getting circulated in cyberspace and he had several kids weighing in on both the strategy and his likelihood for success. He was fully exposed on multiple virtual platforms, and that was terrifying to me. He clearly didn't understand the full impact of online activity. What should I do?
When my son was sleeping, I was checking the text messages and followed the Instagram updates -- after all, this wasn't really sneaking if my son maintained a public profile. But what could I say? Should I tell him that I am monitoring his moves? Was my looking at text messages the same as reading a diary? Was I violating my son's privacy and simply making too much of this? My husband told me to back off, that our son was merely a kid with a crush who needed to experience this rite of passage on his own, without a hovering mother. But I wasn't so sure.
For more go to: http://www.cnn.com/2012/11/27/living/child-social-media/index.html?hpt=li_t3
Fairness needed for pregnant workers By Arjun Sethi, Special to CNN
Editor's note: Arjun Sethi is a lawyer in Washington and a frequent commentator on civil rights and social justice-related issues.
He collaborated on this essay with the National Women's Law Center.
(CNN) -- Peggy Young just wanted to support her family. As an employee at United Parcel Services, she delivered letters and packages, a job that sometimes required heavy lifting. When she became pregnant, she asked for a lighter assignment. UPS denied the request. Although they routinely granted accommodations to other employees, Young wasn't eligible.
Throughout America, pregnant women in physically demanding jobs face an unconscionable choice: protect their health or keep their job. In Kansas, Heather Wiseman was fired for carrying a water bottle to remain hydrated; in New York, Patricia Leahy was terminated for refusing to "perform heavy lifting, climbing ladders and other strenuous movements." In Texas, Tennessee, and Alabama, women were fired, just like Young, because they couldn't lift heavy objects.
The Pregnancy Discrimination Act of 1978 requires employers to treat pregnant women the same way they treat other employees with similar limitations. If a moving company permits a worker to sit at a desk because of a temporary back condition then a pregnant woman with a lifting restriction must be extended the same accommodation. Congress' message was clear: pregnancy and work are compatible.
Employers, however, routinely ignore this mandate, and are forcing pregnant women out of the workplace. In each of the cases just described, the pregnant woman lost in court because she could not prove discrimination. The courts explained that the refusal to provide accommodations was based on gender-neutral and pregnancy-blind policies that were legal, albeit unfair. Wiseman's termination for carrying water, for example, was upheld because all employees were prohibited from carrying water on the sales floor. Gender-neutral? Yes. Fair? No. Not every employee has a medical need to carry water to remain hydrated and prevent infection.
Link between autism and infections during pregnancy explored
This reasoning has also led to shocking inconsistencies and has permitted employers to treat pregnant workers worse than other employees. Consider Young's case. UPS had a policy of accommodating employees who were involved in a car accident or lost their driver's license due to drunk driving but fired Young after she requested a lighter assignment. In another case, the New York City Transit Authority accommodated workers who were injured while exercising but forced a pregnant worker out. A consortium of public-interest groups led by the ACLU is now helping Young appeal her case to the U.S. Court of Appeals for the 4th Circuit.
To be sure, some courts have come out the other way. These judges are ensuring that pregnant workers enjoy the same opportunities as other employees and are not penalized by unfair policies that employers defend as gender-neutral.
The Equal Employment Opportunity Commission is also combating the problem and has designated pregnancy discrimination an enforcement priority for the next four years.
These efforts, however, aren't enough. Not every pregnant employee who is wronged can find a lawyer nor can the budget-constrained EEOC prosecute every case. And many courts have shown a disturbing willingness to turn back these claims and open gaping loopholes in the Pregnancy Discrimination Act.
The problem, meanwhile, is vast. Many women are the breadwinners of their family and can't afford unpaid leave. Others will lose seniority or get passed over for promotions when they return to the job. For those who are fired, they face the daunting challenge of securing employment in a still flailing economy that penalizes the unemployed, not to mention mothers, who are less likely to be hired and promoted.
Why dads gain pregnancy weight If pregnant, weigh antidepressant risks
New legislation championed by the National Women's Law Center, and recently introduced in both the House and Senate, would close many of these loopholes. The Pregnant Workers Fairness Act would require employers to offer pregnant employees the same kinds of accommodations they offer the disabled under the Americans with Disabilities Act.
Make no mistake: pregnancy is not a disability. It's a joyous part of life. But by elevating it to the same level of protection as disabilities, the rule would be clear: employers could not fire or force pregnant employees out of the workplace just because they request a reasonable accommodation. Fair allowances -- the right to carry a water bottle, a chair, intermittent breaks, a lifting restriction -- would have to be respected.
The first piece of legislation President Obama signed into law was the Lilly Ledbetter Fair Pay Act. Ledbetter had worked tirelessly for Goodyear for nearly two decades only to learn that she had been denied equal pay. She later brought suit against her employer but lost after the U.S. Supreme Court ruled that she had waited too long to bring her case. In an important joint effort, Congress and the president passed legislation allowing claims like Ledbetter's to proceed.
Pregnant workers need protection, too. All they seek is fair treatment. Is that too much to ask?
http://www.cnn.com/2012/11/25/opinion/sethi-pregnant-workers/index.html?hpt=li_c2
Monday, November 26, 2012
Beating Holiday Stress It is possible to survive the holiday frenzy without feeling frantic -- if you know how. Here are top tips from some of the nation's leading stress experts.
WebMD Feature
The holidays really are the best of times and the worst of times. Our tidings of comfort and joy can so easily be devoured by the insatiable stress to do it all, be it all, and buy it all.
And that stress is nothing to ho, ho, ho about, either. It increases your risk of illness and even death. One study, published in the Oct. 12, 1999, issue of the journal Circulation, suggested holiday stress and overindulgence help explain the soaring rate of fatal heart attacks in December and January.
http://www.webmd.com/balance/stress-management/features/beating-holiday-stress
Beating Holiday Stress
t is possible to survive the holiday frenzy without feeling frantic -- if you know how. Here are top tips from some of the nation's leading stress experts.
By Vicki Haddock
WebMD Weight Loss Clinic - Feature
Reviewed By Charlotte E. Grayson, MD
The holidays really are the best of times and the worst of times. Our tidings of comfort and joy can so easily be devoured by the insatiable stress to do it all, be it all, and buy it all.
http://www.medicinenet.com/script/main/art.asp?articlekey=52325
Bullying Is a Big Problem
Every day thousands of teens wake up afraid to go to school. Bullying is a problem that affects millions of students, and it has everyone worried, not just the kids on its receiving end. Yet because parents, teachers, and other adults don't always see it, they may not understand how extreme bullying can get.
Bullying is when a person is picked on over and over again by an individual or group with more power, either in terms of physical strength or social standing.
Two of the main reasons people are bullied are because of appearance and social status. Bullies pick on the people they think don't fit in, maybe because of how they look, how they act (for example, kids who are shy and withdrawn), their race or religion, or because the bullies think their target may be gay or lesbian.
Some bullies attack their targets physically, which can mean anything from shoving or tripping to punching or hitting, or even sexual assault. Others use psychological control or verbal insults to put themselves in charge. For example, people in popular groups or cliques often bully people they categorize as different by excluding them or gossiping about them (psychological bullying). They may also taunt or tease their targets (verbal bullying).
Verbal bullying can also involve sending cruel texts, messages, or emails or posting insults about a person on Facebook or other sites — practices that are known as cyberbullying.
http://kidshealth.org/teen/your_mind/problems/bullies.html
Sunday, November 25, 2012
Domestic violence and the holidays: Expert says calls to hotline decrease when victims try to "keep the peace"
(CBS) Everyone knows the holidays are a stressful time for families - especially families dealing with domestic violence.
But according to the National Domestic Violence Hotline, calls to the hotline actually drop dramatically on major holidays like Thanksgiving.
"A lot of women will grin and bear it, try to keep the peace so their children don't have to spend holidays in a shelter," says Katie Ray-Jones, the president of the hotline.
According to Rita Smith, the executive direction of the National Coalition Against Domestic Violence, although some victims may "put on a good face" while family or friends are visiting on Thanksgiving or Christmas, that stoicism can't often last long.
"We see an increase in request for service right after the holidays," says Smith.
Jennifer Marsh, the vice president of victims services at the Rape, Abuse and Incest National Network (RAINN) also told Crimesider that calls to their sexual abuse hotline go down on Thanksgiving and Christmas Day, but go up in the weeks after.
"During the holidays, people are home together more," says Smith. "In families where there is violence present that means more opportunity for violence."
For those who decide to stay in - or in some cases return to - abusive homes around Thanksgiving and Christmas, Ray-Jones suggests identifying easy exits from the house and establishing code words with children who can run to neighbors for help if violence becomes a problem.
She also suggests considering what rooms in the house are "safe" to have an argument in.
"A lot of us spend time in the kitchen during the holidays," says Ray-Jones. "But the kitchen is a very dangerous place to have an argument, with knives, boiling water, and pots and pans within reach."
http://www.cbsnews.com/8301-504083_162-57553221-504083/domestic-violence-and-the-holidays-expert-says-calls-to-hotline-decrease-when-victims-try-to-keep-the-peace/
Saturday, November 24, 2012
Stress in Parents Linked to Obesity in Kids
One in three kids in America is overweight or obese, and having stressed-out parents may be contributing to these rates, a new study suggests.
The more stress the parents report, the more likely their children are to be overweight or obese, the research shows.
Why? For starters, stressed-out parents and caregivers are more likely to frequent fast food restaurants for themselves and their families, and are more likely to engage in “haphazard meal planning.”
In the new study, 2,119 parents and caregivers answered questions about themselves and their children who were aged 3 to 17. Researchers measured the number of stressors and parents' self-reports of the stress in their lives.
Parents' stress did not seem to affect the amount of fruits and vegetables the children ate or their physical activity levels.
Stressed-Out Parents and Obese Children: What’s the Link?
Some families in the study were more vulnerable to the effect of stress on their weight. These “high-risk” groups include:
Black/Hispanic children
Children from single-parent households
Kids from families that are struggling financially
Eleanor Mackey, PhD, is a child psychologist at Children’s National Medical Center in Washington, D.C. “We do see this in clinical practice,” she says. “Parents are often stressed and have a hard time providing healthy options.”
The easy defaults are unhealthy -- namely high-fat fast foods.
“You have a hard day at work, and trying to get a nutritious meal on the table can be overwhelming and expensive,” she says. “It can be difficult to raise healthy kids without adequate resources.”http://www.webmd.com/balance/stress-management/news/20121018/stress-parents-obesity-kids
Saturday, November 17, 2012
What the Petraeus scandal says about digital spying and your e-mail
http://www.cnn.com/2012/11/14/tech/petraeus-email-privacy/index.html?iref=obnetwork
Friday, November 16, 2012
iNFORMATiON FARM: Natalie Khawam Got $300,000 Loan from Defense Depa...
iNFORMATiON FARM: Natalie Khawam Got $300,000 Loan from Defense Depa...: Huffington Post B ankruptcy records show that Gerald “Jerry” Harrington, a Rhode Island lobbyist and Democratic fundraiser, loaned Jill ...
Diabetes diagnoses increasing at alarming rate
The odds are increasing that you or someone you know has Type 2 diabetes. The latest Morbidity and Mortality report (MMWR) released by the Centers for Disease Control and Prevention shows that from 1995 to 2010, there was at least a 100% increase in the prevalence of diagnosed diabetes cases in 18 states. Forty-two states saw an increase of at least 50%.
"Even when you know that [the prevalence of diagnosed diabetes] is increasing, to see that level of increase was shocking to me," says Linda Geiss, a statistician with CDC's Division of Diabetes Translation and the lead author of the MMWR.
"It was the 100% figure. 100% – that's a large increase."
Predictably, states in the South where obesity levels have also steadily increased had some of the highest increases in diabetes. Oklahoma topped the list with an increase of 226%, followed by Kentucky with 158%, Georgia with 145%, Alabama with 140% and the state of Washington with 135%.
The American Diabetes Association says approximately 8% of the U.S. population, or 25.8 million people, have diabetes and another 79 million people are pre-diabetic. The overwhelming majority of the cases are Type 2.
Obesity is a major risk factor for Type 2 diabetes, and like the increased prevalence in diagnosed diabetes cases, the rate of obesity in the United States also increased over the last decade, although it now appears to have steadied.
Earlier this year, a report in the American Journal of Preventive Medicine estimated that 42% of the U.S. population will be obese by 2030 and an additional 30 million Americans will be obese in 18 years.
"For someone who might be at high risk [for diabetes], you should know that you can prevent the disease or delay it," says Geiss. "Increase your physical activity, improve your diet, lose 5 to 7% of your body weight if you're at high risk."
http://thechart.blogs.cnn.com/2012/11/15/diabetes-diagnoses-increasing-at-alarming-rate/?hpt=hp_bn12
Sunday, October 28, 2012
Women’s Voices. Women Vote created the Voter Participation Center to register and motivate unmarried women, and other underrepresented groups to participate in the democratic process. Since its inception in 2004, the organization — known for innovative registration and turnout programs — has registered more than one million voters.
http://www.voterparticipation.org/
Sunday, October 21, 2012
Domestic Violence and Girls - What Should You Teach Your Daughter?
Teach her to watch for red flags.
Knowledge is power. Teach your daughter to watch for these warning signs of domestic violence:
Controlling behavior: Domestic violence doesn’t usually start with physical violence. Typically, the abuser will begin to find ways to manipulate or control a victim: isolating her from her friends and family, controlling what she wears, stipulating where she goes and who she talks to. This is a major red flag that indicates the potential for domestic violence.
Emotional abuse: Physical violence is often just around the corner when a partner begins degrading a person, calling her names, treating her disrespectfully, and harshly criticizing her.
A violent temper. Someone who easily flies off the handle and uses violence to deal with his problems can easily choose to display that same violence in a relationship. This especially applies if he is already demonstrating violence and disrespect towards his family and friends.
The cycle of violence. There’s a pattern—the cycle of violence—that regularly appears in abusive relationships. It begins with “the escalating phase” (typified by anger, arguing, blaming, controlling); then moves to “the violent phase” (where the victim is physically attacked); then to “the making-up phase” (where the abuser cries, begs for forgiveness, vows to change, etc); then it starts all over once the victim takes the abuser back. Help your daughter understand the danger in allowing herself to be treated badly the first time, so she won’t become trapped in the cycle of violence.
http://www.justmommies.com/tweens-and-teens/dating-talking-about-sex/domestic-violence-and-girls-what-should-you-teach-your-dau
Monday, October 15, 2012
How to Assist Immigrants Who are Victims of Domestic Violence
http://www.vaw.umn.edu/documents/immigrantdvleguide/immigrantdvleguide.pdf
Saturday, October 13, 2012
Social networking sites fuelling stalking, report warns Smartphones and social networking sites are making it much easier for stalkers to target victims, say charities
New forms of digital technology and social networking sites such as Facebook are increasingly putting people at risk of stalking, according to a report published on Wednesday.
The study, from Women's Aid and the Network for Surviving Stalking, warns that mobile phones, particularly smartphones, are increasingly being targeted. Spyware could be installed on the phone in "less than five minutes", allowing a stalker to listen remotely to the phone's surroundings, intercept calls, track text messages and the location of a device if it has GPS hardware.
Computer spyware could be installed remotely, via an email attachment, and then remain hidden on the computer, warned the report. "It's cheap, easy to use and very powerful," it said.
Other methods of tracking can be more simple. One woman detailed in the report failed to change her eBay password after separating from an abusive partner. He tracked her use of the site online and when she bought something he contacted the seller claiming the item had not arrived and asking the seller to verify the address. Armed with his ex-partner's new address, he found her and targeted her in an attack that left her blind in one eye.
"Online stalking is definitely happening more often because there is such an array of powerful tools at stalkers' disposal making it easier to do," said Jennifer Perry, author of Digital Stalking: A Guide to Technology Risks for Victims. Technology firms and social networking sites needed to do "much more" to protect potential victims, she added. "Software companies are absolutely not doing enough to mitigate this risk. The only way we will change things is by making the public aware of the dangers."
Alexis Bowater, chief executive of the Network for Surviving Stalking, who was followed online for four years before her stalker was jailed, said the rapid rise of mobile phone and internet use meant cyberstalking was on the increase. "It is an old crime in a new, technological world," she said.
"The internet gives stalkers a new weapon in their armoury, a new way to find people, to follow them, to research them, sometimes to be them."
The extent of internet users' "digital footprint" – their use of social networks, work websites, forums and directories, could all leave clues that could enable a stalker to track their victim.
Social networks are particularly risky, according to the report. "You can never make social networks 'safe' for victims to use, you can only make them 'safer'," it said. "Their commercial success depends upon encouraging users to exchange information with the widest network possible, which compromises the privacy and security of their users. Indeed, you could argue that it is in their interest not to encourage good privacy practices."
Perry, an internet safety expert and consumer advocate, said the advice Facebook provided to victims of domestic violence was "wholly inadequate and was putting victims at risk". She called on the site to change their abuse and help pages and provide a privacy setting specifically for vulnerable people. "The problem is social networking sites like Facebook make money the more data people expose. For the majority of people that does not put them at risk, but in the case of domestic violence or stalking victims it can be very dangerous."
She added that new features, such as a location button that let users inform their friends on Facebook of their exact whereabouts, were often presented entirely positively, with not enough emphasis given to the risks involved.
A spokeswoman for Facebook said choosing to share a location was always "entirely optional" and that privacy setting enabled users to share what they wanted and block unwanted attention. Users could report abuse via links on the site or through the contact forms in its help centre. She added that the site had "systems to prioritise" the most serious reports and acted on most within 24 hours. "The safety of our users is our top priority. Facebook works with a diverse set of experts and organisations devoted to online safety in order to bring the best safety resources, including the National Network to End Domestic Violence, who also sit on our safety advisory board," she said.Perry said she advised stalking victims to assume their computer had been infected. "It is safer to assume that everything you do or say online, all your emails, contacts photos and instant messages as well as passwords and contacts can be seen," she said. Stalkers could use this information to lock victims out of their accounts, buy goods or transfer money, go online and pretend to be the victim, add or delete files and block websites so victims were unable to access support sites.
Bowater called for more awareness of the dangers of new technology. "We are calling for better police training on all types of stalking and particularly digital stalking. We are asking the internet industry to engage with us to make their customers' lives safer," she said.
http://www.guardian.co.uk/technology/2012/feb/01/social-media-smartphones-stalking
Wednesday, October 10, 2012
Domestic Violence And Financial Dependency
It's clear that many people don't understand why women who have left abusive relationships often return. Many people place blame on the victim for returning by suggesting that the victim even likes or thrives on the abuse. The attitude is: If they didn't like being abused they would leave and not return, right?
But the reasons why women return to abusive relationships are extremely complex and have less to do with the content of the woman's character and more to do with the effects of abuse. It's widely known that an abused woman may leave her abuser seven to eight times before she leaves permanently.
Former Wall Street Executive Speaks On Surviving Domestic Violence
Article Controls
Eighty-five percent of women who leave an abusive relationship return. According to the National Coalition Against Domestic Violence, a significant proportion of women who return to the relationship attribute their inability to deal with their finances as a major contributing factor, which is often enhanced by the fact that the abuser often has all of the economic and social standing and complete control over the family finances.
These women's options are further limited by the fact that many who leave often face one or more additional barriers including having at least one dependent child, not being employed outside of the home, possessing no property that is solely theirs, and lacking access to cash or bank and credit accounts. For these reasons it is very likely that many of these women would experience a decline in living standards and security of life for themselves and their children if they were to leave their partner.
As a result of all of these combined factors, many survivors of domestic violence who summon the courage to leave the abusive relationship eventually return for financial reasons.
In most cases women arrive at shelters with few more resources other than the clothes they are wearing. Some are burdened with debt--in many cases their partners. Still others tumble into debt after they have left the abusive relationship because they overspend on impulse or budget poorly. Very few of them are yet to have addressed the emotional and psychological issues that have dictated their poor financial choices. Rarely is a battered woman accustomed to managing her own money.
Thursday, October 4, 2012
How to Change (Modify) a Child Support Order
The following are reasons that allow you to change your child support. If any of these apply to you, contact your local child support office to ask for a modification of your order.
To add or remove a child from the order
To extend the time support needs to be paid
(Example: Your child is still in high school)
To include or remove medical support from the order
http://dor.myflorida.com/dor/childsupport/modification.html
Wednesday, October 3, 2012
Sunday, September 30, 2012
Nineteen former and current U.S. soldiers and airmen filed suit Friday in San Francisco, claiming top military brass deprived them of constitutional rights by failing to go after their sexual predators.
"The pattern is the same in all of them: The victim is blamed, ostracized, retaliated against. Rape kits are lost, evidence is lost, there is no court martial," attorney Susan Burke said in an interview.
http://www.mercurynews.com/news/ci_21654718/soldiers-file-sexual-abuse-lawsuit-san-francisco-against
Tuesday, September 25, 2012
Teen Dating Violence Prevention
Florida Statute 1006.148, requires school districts to adopt and implement a policy prohibiting dating violence and abuse by any student on school property, during a school sponsored activity, or during school-sponsored transportation, and providing procedures for responding to such incidents of dating violence or abuse, including accommodations for students experiencing dating violence or abuse.
What is Teen Dating Violence?
Teen Dating Violence is a pattern of emotional, verbal, sexual, or physical abuse used by one person in a current or past dating relationship to exert power and control over another when one or both of the partners is a teenager. Abuse may include insults, coercion, social sabotage, sexual harassment, stalking, threats and/or acts of physical or sexual abuse. The abusive partner uses this pattern of violent and coercive behavior to gain power and maintain control over the dating partner. This may also include abuse, harassment, and stalking via electronic devices such as cell phones and computers, and harassment through a third party, and may be physical, mental, or both.
In Teen Dating Violence relationships, there are Three Important Roles:
The Abuser - A person who physically, sexually, verbally or emotionally hurts a dating partner.
The Victim - A person who is hurt physically, sexually, verbally or emotionally by a dating partner.
The Bystander - A person who is aware that someone is being abused in a dating relationship. The bystander may become aware of the abuse through the abuser's or target's actions or words, or through second-hand information.
http://www.fldoe.org/safeschools/TeenDatingViolence.asp
Sunday, September 23, 2012
What are my rights as the victim of Domestic Violence when I need time off work?
Domestic Violence: Rights of the Victim.
Do I have the right to take time off from my job to deal with domestic violence against me or a family member?
It depends. Under Florida State law, you have a right to take up to 3 days off from work in a twelve-month period so that you can take legal and medical actions to protect yourself or a family member from domestic violence. However, the law only applies to companies that have at least 50 employees and you must have been working at the company for three months or more.*
If you work at a place that has less than 50 employees, or if you have been working for your employer for less than three months, then your employer does not have to give you time off for domestic violence issues. However, different employers might have different rules, policies, or contracts, that might let you take this time off anyway. For example, some employee manuals and some union contracts might allow for employees to take time off for domestic violence issues. You can contact your union representative (if you are in a union) or contact a trusted supervisor at your job, to find out more information about what the employer offers.
Note: If you work in Miami-Dade County, then your employer has to give you up to 30 days off from work, to seek medical or dental care, legal assistance, court appearances, counseling, child support hearings, or other services or court appearances that are related to domestic violence issues.**
* Fla. Stat. § 741.313(2) &(3)
** Miami-Dade Cty., Fla Code § 11A-61
http://www.womenslaw.org/index.php
Sunday, June 3, 2012
What does Privacy mean today?
Publication of Private Facts in Florida
Florida recognizes a legal claim for publication of private facts. For the most part, the law in Florida is similar to that described in the general page on publication of private facts. See that page for a full discussion of the elements of and defenses to a private facts claim. This page addresses only those aspects of Florida law that are different from the general description.
Elements of a Private Facts Claim
In Florida, the elements of a publications of private facts claim are: (1) the publication; (2) of private facts; (3) that are offensive; and (4) are not of public concern.
Florida law does not impose liability for publication of facts that are of legitimate public concern. The Florida Supreme Court has recognized that this "newsworthiness" exception presents a "formidable obstacle" for a plaintiff bringing an invasion of privacy lawsuit. Hitchner v. Cape Publication, Inc., 549 So. 2d 1374, 1377 (Fla. 1989). This exception to liability is very broad; without question, this covers things like current events of public significance and information about the actors who take part in them. It also covers "soft news" and other human interest portrayals and accounts.
The courts have recognized, however, that individuals maintain a zone of privacy relating to certain sensitive personal matters. As a general rule, private facts about public officials and celebrities are more likely of legitimate public interest than private facts about ordinary people who get involuntarily caught up in newsworthy events.
Courts applying Florida law have found the following things, among others, to be newsworthy (i.e., of legitimate public concern):
• facts relating to child abuse allegations, which came from a confidential file released to the press in violation of a Florida statute, when the reporter was using the facts to call into question a criminal court's decision rather than "attempting to sensationalize a private nongovernment matter";
• a newspaper story detailing the abduction of a woman by her estranged husband and his holding her hostage, and publication of a photograph of the woman, clad only in a dish towel, after she was rescued by the police;
• a "canned" news film depicting the plaintiff, who was an innocent bystander during a gambling raid on a cigar store;
• a factual account of the murder of the plaintiff's husband;
• a depiction of the plaintiff as a murder witness in Bob Dylan's song about the murder trial of Ruben "Hurricane" Carter;
• a television news broadcast showing the plaintiff, a lobbyist, in a hotel bar, when the TV program was documenting how state employees spent time during a bomb threat incident that evacuated the capitol building; and
• a conversation at Bush campaign headquarters, in which the plaintiff, a political campaign worker, shared bizarre ideas like the benefits of having society guarded by a clone army, when the purpose of the article was to help readers understand the nature of support for President Bush.
In contrast, one Florida court held that a plaintiff stated a cause of action for publication of private facts when she alleged that a TV program had broadcast an interview with her about her unfortunate plastic surgery experience without disguising her voice and concealing her face as promised. The court rejected the argument that the information disclosed in the interview was newsworthy, concluding that "while the topic of the broadcast was of legitimate public concern, the plaintiff's identity was not." Doe v. Univision Television Group, Inc., 717 So.2d 63, 65 (Fla. Dist. Ct. App. 1998).
For additional information and discussion of Florida cases, see the Reporters Committee's Photographers' Guide to Privacy: Florida and the Florida Bar's Reporter's Handbook.
Relying on Public Records
In Florida, you generally cannot be held liable for publishing truthful information gathered from government records that are open to public inspection. So far, Florida courts have applied this protection to information obtained from court records (and from proceedings in open court), but it could apply to other government records as well, both because of a potential constitutional privilege and because the information is already exposed to the public eye.
Consent
Florida recognizes consent as a defense to a publication of private facts claim. Florida courts may recognize verbal or implied consent, but it is advisable to get it in writing whenever possible. If getting written consent is not practical, you should record try to record verbal consent using an audio or video recording device. The age of majority in Florida is eighteen; if you interview or photograph someone under the age of eighteen, you should seek consent from the subject's parent(s) or guardian. See the general description for a more detailed discussion of release forms.
Statute of Limitations
The statute of limitations for publication of private facts claims in Florida is four years. See Fla. Stat. § 95.11(3)(p).
http://www.citmedialaw.org/legal-guide/publication-private-facts-florida
Saturday, June 2, 2012
Abuse of Process Law & Legal Definition
Abuse of process refers to the improper use of a civil or criminal legal procedure for an unintended, malicious, or perverse reason. Examples include serving legal papers on someone which have not actually been filed with the intent to intimidate, or filing a lawsuit without a genuine legal basis in order to obtain information, force payment through fear of legal entanglement or gain an unfair or illegal advantage. The determination of what is unfair and wrong is for the court to determine on the individual facts of each case.
Lawyers who can be proven guilty of intentional abuse of process can be subject to discipline and punishment. Sometimes abuse of process may occur accidentally, such as an honest belief in mistaken facts used to bring a lawsuit against an improper party, but such missteps may be corrected through voluntary measures.
Additional Abuse of Process Resources
View Civil Action Forms - Download Abuse of Process Forms in Minutes.
Learn more at abuseofprocess.USLegal.com - More Abuse of Process Information.
http://definitions.uslegal.com/a/abuse-of-process/
Monday, May 28, 2012
Defamation – Slander Per Se under Florida Law and Punitive Damages
Published April 3, 2012 | By Schecter Law
Defamation is generally defined as the unprivileged publication of false statements which naturally and proximately result in injury to another. Wolfson v. Kirk, 273 So. 2d 774 (Fla. 4th DCA 1973). To establish a cause of action for defamation, a plaintiff must show: (1) That the defendant published a false statement about the plaintiff; (2) To a third party; and (3) That the falsity of the statement caused injury to the plaintiff. See Razner v. Wellington Regional Med. Ctr., Inc., 837 So. 2d 437 (Fla. 4th DCA 2002). Only those statements that are false rise to the level of defamation. Id. Also, statements of pure opinion are not actionable. Florida Med. Ctr., Inc. v. New York Post Co., Inc., 568 So. 2d 454 (Fla. 4th DCA 1990).
There are four categories of statements that constitute slander per se:
1. Imputing to another a criminal offense amounting to a felony;
2. Imputing to another a presently existing venereal disease or other loathsome and communicable disease;
3. Imputing to another, the other being a woman, acts of unchastity;
4. Imputing to another conduct, characteristics or a condition incompatible with the proper exercise of his lawful business, trade, profession, or office.
See Wolfson, 273 So. 2d at 777 (internal citations omitted).
In a slander per se action, “punitive damages may be awarded even though the amount of actual damages is neither found nor shown, for in such a case, the requirement of a showing of actual damages as a basis of an award for exemplary damages is satisfied by the presumption of injury which arises from a showing of libel or slander that is actionable per se.” Saunders Hardware Five and Ten, Inc. v. Low, 307 So. 2d 893 (Fla. 3d DCA 1974).
The application of the punitive damages rule above was recently made by the Fourth District Court of Appeal in Lawnwood Med. Ctr., Inc. v. Sadow, 43 So. 3d 710 (Fla. 4th DCA 2010), where a surgeon (Dr. Samuel H. Sadow) brought an action against a hospital for breach of contract and slander per se seeking compensatory damages for both claims and punitive damages for the slander per se action. In the trial court proceeding, the jury found the hospital liable on the breach of contract claim and fixed damages at $2,817,000, reduced to $1,517,000. In separate proceedings on the slander per se claim, the jury found Lawnwood liable for the slanders; that Lawnwood specifically intended to harm him by its per se slanderous statements; that, in fact, it had actually injured him by the statements; and that he suffered no compensatory damages from the slanders but that he was entitled to punitive damages of $5,000,000 from the hospital. Id. at 712. The Fourth District Court of Appeal, affirmed the punitive damages award, and set forth the following interesting discussion in its supporting opinion.
…[W]hen the claim is defamation per se, liability itself creates a conclusive legal presumption of loss or damage and is alone sufficient for the jury to consider punitive damages. […] To sum up, Florida's unusually high protection of personal reputation derives from the common consent of humankind and has ancient roots. It is highly valued by civilized people. Our state constitution and common law powerfully support it. This is a value as old as the Pentateuch and the Book of Exodus, and its command as clear as the Decalogue: “Thou shall not bear false witness against thy neighbor.” The personal interest in one's own good name and reputation surpasses economics, business practices or money. It is a fundamental part of personhood, of individual standing and one's sense of worth. In short, the wrongdoing underlying the punitive damages in this case has Florida law's most severe condemnation, its highest blameworthiness, its most deserving culpability. For slander per se, reprehensibility is at its highest.
Lawnwood, 43 So. 3d at 727-29, review denied, 36 So. 3d 84 (Fla. 2010), and cert. denied, 131 S. Ct. 905 (U.S. 2011) (footnotes omitted).
http://schecterlaw.com/2012/04/03/defamation-slander-per-se-under-florida-law-and-punitive-damages-2/
Monday, February 20, 2012
False Abuse Accusations Cost Taxpayers $20 Billion, Report Finds
WASHINGTON– Divorce lawyers acknowledge persons often make allegations of abuse in order to gain a legal edge. A report released today shows such claims are widespread, harmful to the children involved in such cases, devastating to persons falsely accused, and costly to the American taxpayer. The report, “False Allegations of Domestic Violence Cost Taxpayers $20 Billion a Year,” compiles government statistics and research studies to reach three conclusions:
Each year our nation spends $4 billion for domestic violence programs.
Each year about 175,000 children are involved in a divorce with a false allegation of domestic violence.
These claims contribute to $20 billion in public costs and taxpayer burden associated with single-parent families.
The report is published by RADAR – Respecting Accuracy in Domestic Abuse Reporting – and is available at: www.mediaradar.org/docs/RADARreport-False-DV-Allegations-Cost-20-Billion.pdf
Children are often harmed by false claims. Attorney Lisa Scott of Bellvue, Wash. notes, “The ones hurt most of all are the children kept away from a loving parent.”
The report highlights the recent case of Emily Hindle whose mother falsely accused the father of domestic violence in order to abduct the child. The mother later discontinued the child’s medical treatment, causing the child to lose her sight in one eye.
“False allegations of abuse are currently the greatest violation of due process in our legal system,” reveals family attorney Gregory Hession of Springfield, Mass. “In my practice, I’ve found the majority of the allegations used to obtain restraining orders are false or greatly exaggerated.”
Victims of false allegations are beginning to fight back. Former state Rep. Eric Major won a $500,000 award against the city of Birmingham, Ala., stemming from his 2004 arrest and subsequent acquittal on charges that he attacked his ex-fiancee.
False allegations often arise from programs funded by the Violence Against Women Act. RADAR recently launched a Fix VAWA Now! campaign to increase awareness of the need to reform ineffective and harmful domestic violence laws.
Contact: Mark Rosenthal, 781-956-1034, info@mediaradar.org
R.A.D.A.R. – Respecting Accuracy in Domestic Abuse Reporting – is a non-profit, non-partisan organization of men and women working to improve the effectiveness of our nation's approach to solving domestic violence. http://www.mediaradar.org .
antimisandry.com http://antimisandry.com/chit-chat-main/false-abuse-accusations-cost-taxpayers-20-billion-report-finds-12315.html#ixzz1mytDGG8L
Each year our nation spends $4 billion for domestic violence programs.
Each year about 175,000 children are involved in a divorce with a false allegation of domestic violence.
These claims contribute to $20 billion in public costs and taxpayer burden associated with single-parent families.
The report is published by RADAR – Respecting Accuracy in Domestic Abuse Reporting – and is available at: www.mediaradar.org/docs/RADARreport-False-DV-Allegations-Cost-20-Billion.pdf
Children are often harmed by false claims. Attorney Lisa Scott of Bellvue, Wash. notes, “The ones hurt most of all are the children kept away from a loving parent.”
The report highlights the recent case of Emily Hindle whose mother falsely accused the father of domestic violence in order to abduct the child. The mother later discontinued the child’s medical treatment, causing the child to lose her sight in one eye.
“False allegations of abuse are currently the greatest violation of due process in our legal system,” reveals family attorney Gregory Hession of Springfield, Mass. “In my practice, I’ve found the majority of the allegations used to obtain restraining orders are false or greatly exaggerated.”
Victims of false allegations are beginning to fight back. Former state Rep. Eric Major won a $500,000 award against the city of Birmingham, Ala., stemming from his 2004 arrest and subsequent acquittal on charges that he attacked his ex-fiancee.
False allegations often arise from programs funded by the Violence Against Women Act. RADAR recently launched a Fix VAWA Now! campaign to increase awareness of the need to reform ineffective and harmful domestic violence laws.
Contact: Mark Rosenthal, 781-956-1034, info@mediaradar.org
R.A.D.A.R. – Respecting Accuracy in Domestic Abuse Reporting – is a non-profit, non-partisan organization of men and women working to improve the effectiveness of our nation's approach to solving domestic violence. http://www.mediaradar.org .
antimisandry.com http://antimisandry.com/chit-chat-main/false-abuse-accusations-cost-taxpayers-20-billion-report-finds-12315.html#ixzz1mytDGG8L
Sunday, February 19, 2012
Stalking is a crime which can be terrifying and can destroy a victim's life. So why would anyone make it up?
For four years, one woman claimed she was being terrorised by a stalker called "The Poet", who bombarded her with threatening letters in rhyme. A butcher's knife arrived from him at Christmas; he cut her telephone line; he threw concrete blocks at her home; he even abducted her, stabbing her in the back.
When she was found mailing letters from "The Poet" to herself, the middle- aged American woman confessed that he had never existed.
This case, reported in 1984, was the first claim of false stalking to be made. But now new research from Australia suggests that as many as 10 per cent of stalking claims may be fictitious.
"False Victimisation Syndrome" is just one of a new set of psychiatric disorders that has joined illnesses such as cancer, which are favourites among those who set out to dupe doctors. The motivation of the "pseudovictims" can seem mysterious, but most psychologists believe the behaviour is attention-seeking, the only way an isolated individual has of obtaining sympathy.
In their paper in the British Journal of Psychiatry, Australian psychiatrists Dr Michele Pathe and colleagues, examined 12 individuals who had falsely claimed to be victims of stalking. Significantly, none was in a stable relationship, a stark contrast with the true victims that the Australian doctors saw in their specialist clinic. This strongly suggests that it is the enlistment of help and support from others that drives the need to claim you are in danger.
According to psychologists, true victims of stalking are usually embarrassed by their situation and would rather not draw attention to themselves, in contrast to pseudovictims, who try as hard as possible to get assistance from others. Genuine sufferers are often reluctant to notify the authorities of their problem, fearing that this may even exacerbate their predicament, while false victims happily, even gleefully, come forward.
Another clue as to what is really going on lies in the rhythm with which incidents are reported. Pseudovictims tend to generate more complaints if it seems as though others may be losing interest in the case. But in three of the 12 cases reported from Australia the victims had suffered genuine stalking in the past, and had as a result become hypersensitive to a possible recurrence, seeing stalking in the blameless actions of others.
In six of the 12 cases Dr Pathe describes, the cause of the false claims was in fact a paranoid delusion about being followed, which the psychotic had incorporated into their fantasy life, perhaps because paranoia about stalking, fuelled by media reports, is currently so widespread. Yet the public fear of stalking is often based on a false picture generated by the media, which focuses on celebrity stalking, where disturbed fans are usually involved.
In cases involving ordinary members of the public, it is much more common for any stalking to be done by someone already fairly well known to the victim. Ironically, in one case reported by Dr Pathe the false victim of stalking was in fact a stalker - the false claim seemed to be an attempt to pre-empt the victim's complaint. This echoes another bizarre case from the US where a stalker took out an injunction against a victim, to stop the person following the stalker.
This begins to make psychological sense if you see stalkers as people so obsessed with their victims that they are unable to get thoughts of their quarry out of their minds, even when they may want to. In a sense, they themselves feel trapped by their targets.
However complex the problem of telling the genuine from the false in the weird world of stalking, one salient fact is incontestable: the time and energy devoted to investigating false claims takes away precious and increasingly meagre resources from genuine crimes and victims. But even when the authorities suspect they have a pseudovictim on their hands, the problem of how to confront the issue with the perpetrator can be a difficult one.
In another famous US case, a woman filed 60 complaints over six months, claiming that she had found underwear in her house with red hearts drawn on in lipstick, and that she had suffered break-ins and had found blood- soaked teddy bears left above her garage entrance so they would fall on those closing the door. One was found in her baby's cot. After several press conferences held by the victim, where she complained about the lack of interest of the local police, she was caught on videotape placing a teddy bear in her garage. It transpired that the motivation was an attempt to make living in her house so uncomfortable that it would force her reluctant husband to agree to move.
In 1995, Cyndy Garvey, the ex-wife of a famous baseball player, reported a number of stalking events to the Los Angeles police. After numerous phone calls pleading for help, she went to them with a black eye and damaged nose. It later emerged that she had in fact been harassing her ex-husband and an ex-boyfriend. She confessed that she manufactured the stalking incidents to exact revenge against her ex-boyfriend.
This is a common motivation - to inflict vengeance against a loved one who has ended a relationship. Alternatively an ex-partner may be galvanised into protecting the "victim" from a mysterious anonymous threat, and so fictitious claims of being stalked can connect you with someone who was not otherwise likely to return.
Dr Pathe and her colleagues suggest a sympathetic approach which acknowledges that false victims in most cases are distressed and disturbed individuals. Dr Kris Mohandie, a police psychologist at the Los Angeles Police Department who specialises in False Victimisation Syndrome, explains that their approach is to state to the pseudovictim that "events did not occur as you told us", but then to allow a face-saving exit for the perpetrators by portraying the falsehood as a "cry for help". After all, seeking a victim's role as the only way of achieving a sense of personal identity suggests something fundamentally wrong with their psychological development.
But perhaps the cause also partly lies in a society so obsessed by the cult of celebrity that anyone who is anyone must have their own stalker - the ultimate status accessory; the same society where assuming the role of a victim is increasingly the only way to get any attention.Dr Raj Persaud is a consultant psychiatrist at the Maudsley Hospital in south London
When she was found mailing letters from "The Poet" to herself, the middle- aged American woman confessed that he had never existed.
This case, reported in 1984, was the first claim of false stalking to be made. But now new research from Australia suggests that as many as 10 per cent of stalking claims may be fictitious.
"False Victimisation Syndrome" is just one of a new set of psychiatric disorders that has joined illnesses such as cancer, which are favourites among those who set out to dupe doctors. The motivation of the "pseudovictims" can seem mysterious, but most psychologists believe the behaviour is attention-seeking, the only way an isolated individual has of obtaining sympathy.
In their paper in the British Journal of Psychiatry, Australian psychiatrists Dr Michele Pathe and colleagues, examined 12 individuals who had falsely claimed to be victims of stalking. Significantly, none was in a stable relationship, a stark contrast with the true victims that the Australian doctors saw in their specialist clinic. This strongly suggests that it is the enlistment of help and support from others that drives the need to claim you are in danger.
According to psychologists, true victims of stalking are usually embarrassed by their situation and would rather not draw attention to themselves, in contrast to pseudovictims, who try as hard as possible to get assistance from others. Genuine sufferers are often reluctant to notify the authorities of their problem, fearing that this may even exacerbate their predicament, while false victims happily, even gleefully, come forward.
Another clue as to what is really going on lies in the rhythm with which incidents are reported. Pseudovictims tend to generate more complaints if it seems as though others may be losing interest in the case. But in three of the 12 cases reported from Australia the victims had suffered genuine stalking in the past, and had as a result become hypersensitive to a possible recurrence, seeing stalking in the blameless actions of others.
In six of the 12 cases Dr Pathe describes, the cause of the false claims was in fact a paranoid delusion about being followed, which the psychotic had incorporated into their fantasy life, perhaps because paranoia about stalking, fuelled by media reports, is currently so widespread. Yet the public fear of stalking is often based on a false picture generated by the media, which focuses on celebrity stalking, where disturbed fans are usually involved.
In cases involving ordinary members of the public, it is much more common for any stalking to be done by someone already fairly well known to the victim. Ironically, in one case reported by Dr Pathe the false victim of stalking was in fact a stalker - the false claim seemed to be an attempt to pre-empt the victim's complaint. This echoes another bizarre case from the US where a stalker took out an injunction against a victim, to stop the person following the stalker.
This begins to make psychological sense if you see stalkers as people so obsessed with their victims that they are unable to get thoughts of their quarry out of their minds, even when they may want to. In a sense, they themselves feel trapped by their targets.
However complex the problem of telling the genuine from the false in the weird world of stalking, one salient fact is incontestable: the time and energy devoted to investigating false claims takes away precious and increasingly meagre resources from genuine crimes and victims. But even when the authorities suspect they have a pseudovictim on their hands, the problem of how to confront the issue with the perpetrator can be a difficult one.
In another famous US case, a woman filed 60 complaints over six months, claiming that she had found underwear in her house with red hearts drawn on in lipstick, and that she had suffered break-ins and had found blood- soaked teddy bears left above her garage entrance so they would fall on those closing the door. One was found in her baby's cot. After several press conferences held by the victim, where she complained about the lack of interest of the local police, she was caught on videotape placing a teddy bear in her garage. It transpired that the motivation was an attempt to make living in her house so uncomfortable that it would force her reluctant husband to agree to move.
In 1995, Cyndy Garvey, the ex-wife of a famous baseball player, reported a number of stalking events to the Los Angeles police. After numerous phone calls pleading for help, she went to them with a black eye and damaged nose. It later emerged that she had in fact been harassing her ex-husband and an ex-boyfriend. She confessed that she manufactured the stalking incidents to exact revenge against her ex-boyfriend.
This is a common motivation - to inflict vengeance against a loved one who has ended a relationship. Alternatively an ex-partner may be galvanised into protecting the "victim" from a mysterious anonymous threat, and so fictitious claims of being stalked can connect you with someone who was not otherwise likely to return.
Dr Pathe and her colleagues suggest a sympathetic approach which acknowledges that false victims in most cases are distressed and disturbed individuals. Dr Kris Mohandie, a police psychologist at the Los Angeles Police Department who specialises in False Victimisation Syndrome, explains that their approach is to state to the pseudovictim that "events did not occur as you told us", but then to allow a face-saving exit for the perpetrators by portraying the falsehood as a "cry for help". After all, seeking a victim's role as the only way of achieving a sense of personal identity suggests something fundamentally wrong with their psychological development.
But perhaps the cause also partly lies in a society so obsessed by the cult of celebrity that anyone who is anyone must have their own stalker - the ultimate status accessory; the same society where assuming the role of a victim is increasingly the only way to get any attention.Dr Raj Persaud is a consultant psychiatrist at the Maudsley Hospital in south London
Saturday, February 18, 2012
Do You Know Someone with the Victim Mentality? It is True or False?
Often the only witnesses to Domestic Violence are the people involved. Since domestic violence most often takes place without the presence of witnesses, it is a charge that is easily abused. False reporting of domestic abuse in epidemic in Florida.
Once a false report is made, even if the complainant doesn't follow through, these cases are hard to stop and can have devastating personal and legal consequences.
False reporting and false accusations of domestic violence and abuse can occur when
There is a contentious divorce or a "custody battle" and one spouse cries "abuse" to gain an advantage. Sometimes, spouses will state they are victims of abuse because their spouse or significant other is a police officer, military member, lawyer or doctor, and has a professional license to lose.
This is no way is to take away from legitimate abuse, but it is imperative to remember, innocent until PROVEN guilty.
Sometimes the Courts are forced to make a judgment call. Often times because of the emotional intensity of the situation, mistakes can be made in the initial granting of Domestic Violence Injunctions. People lie or omit information, which can lead to an arrest or a civil injunction.
The Courts In Florida look to Florida Statute 741.30 to determine whether there is an imminent fear of becoming a victim of domestic violence and the fear is reasonable. The statute reads:
"In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged in the petition, including, but not limited to:
1. The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.
2. Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner's child or children.
4. Whether the respondent has intentionally injured or killed a family pet.
5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.
6. Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.
7. Whether the respondent has a criminal history involving violence or the threat of violence.
8. The existence of a verifiable order of protection issued previously or from another jurisdiction. 9. Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.
10. Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence."
If the parties have never lived together, or do not have a child in common, a person can file a petition For Protection Against Repeat Violence. This is covered in Florida Statute 784.046. Action by victim of repeat violence, sexual violence, or dating violence for protective injunction; dating violence investigations, notice to victims, and reporting; pretrial release
violations.—
(1) As used in this section, the term:
(a) “Violence” means any assault, aggravated assault, battery, aggravated
battery, sexual assault, sexual battery, stalking, aggravated stalking,
kidnapping, or false imprisonment, or any criminal offense resulting in physical
injury or death, by a person against any other person.
(b) “Repeat violence” means two incidents of violence or stalking committed
by the respondent, one of which must have been within 6 months of the filing of
the petition, which are directed against the petitioner or the petitioner's
immediate family member.
(c) “Sexual violence” means any one incident of:
1. Sexual battery, as defined in chapter 794;
2. A lewd or lascivious act, as defined in chapter 800, committed upon or in
the presence of a person younger than 16 years of age;
3. Luring or enticing a child, as described in chapter 787;
4. Sexual performance by a child, as described in chapter 827; or
5. Any other forcible felony wherein a sexual act is committed or attempted,
regardless of whether criminal charges based on the incident
were filed, reduced, or dismissed by the state attorney.
(d) “Dating violence” means violence between individuals who have or have
had a continuing and significant relationship of a romantic or intimate nature.
The existence of such a relationship shall be determined based on the
consideration of the following factors:
1. A dating relationship must have existed within the past 6 months;
2. The nature of the relationship must have been characterized by the
expectation of affection or sexual involvement between the parties; and
3. The frequency and type of interaction between the persons involved in the
relationship must have included that the persons have been involved over time
and on a continuous basis during the course of the relationship.
The term does not include violence in a casual acquaintanceship
or violence between individuals who only have engaged in ordinary fraternization
in a business or social context.
(2) There is created a cause of action for an injunction for protection in
cases of repeat violence, there is created a separate cause of action for an
injunction for protection in cases of dating violence, and there is created a
separate cause of action for an injunction for protection in cases of sexual
violence.
(a) Any person who is the victim of repeat violence or the parent or legal
guardian of any minor child who is living at home and who seeks an injunction
for protection against repeat violence on behalf of the minor child has standing
in the circuit court to file a sworn petition for an injunction for protection
against repeat violence.
(b) Any person who is the victim of dating violence and has reasonable cause
to believe he or she is in imminent danger of becoming the victim of another act
of dating violence, or any person who has reasonable cause to believe he or she
is in imminent danger of becoming the victim of an act of dating violence, or
the parent or legal guardian of any minor child who is living at home and who
seeks an injunction for protection against dating violence on behalf of that
minor child, has standing in the circuit court to file a sworn petition for an
injunction for protection against dating violence.
(c) A person who is the victim of sexual violence or the parent or legal
guardian of a minor child who is living at home who is the victim of sexual
violence has standing in the circuit court to file a sworn petition for an
injunction for protection against sexual violence on his or her own behalf or on
behalf of the minor child if:
1. The person has reported the sexual violence to a law enforcement agency
and is cooperating in any criminal proceeding against the respondent, regardless
of whether criminal charges based on the sexual violence have been filed,
reduced, or dismissed by the state attorney; or
2. The respondent who committed the sexual violence against the victim or
minor child was sentenced to a term of imprisonment in state prison for the
sexual violence and the respondent's term of imprisonment has expired or is due
to expire within 90 days following the date the petition is filed.
(d) A cause of action for an injunction may be sought whether or not any
other petition, complaint, or cause of action is currently available or pending
between the parties.
(e) A cause of action for an injunction does not require that the petitioner
be represented by an attorney.
(3)(a) The clerk of the court shall provide a copy of this section,
simplified forms, and clerical assistance for the preparation and filing of such
a petition by any person who is not represented by counsel.
(b) Notwithstanding any other law, the clerk of the court may not assess a
fee for filing a petition for protection against repeat violence, sexual
violence, or dating violence. However, subject to legislative appropriation, the
clerk of the court may, each quarter, submit to the Office of the State Courts
Administrator a certified request for reimbursement for petitions for protection
issued by the court under this section at the rate of $40 per petition. The
request for reimbursement shall be submitted in the form and manner prescribed
by the Office of the State Courts Administrator. From this reimbursement, the
clerk shall pay the law enforcement agency serving the injunction the fee
requested by the law enforcement agency; however, this fee may not exceed $20.
(c) No bond shall be required by the court for the entry of an injunction.
(d) The clerk of the court shall provide the petitioner with a certified
copy of any injunction for protection against repeat violence, sexual violence,
or dating violence entered by the court.
(4)(a) The sworn petition shall allege the incidents of repeat violence,
sexual violence, or dating violence and shall include the specific facts and
circumstances that form the basis upon which relief is sought. With respect to a
minor child who is living at home, the parent or legal guardian seeking the
protective injunction on behalf of the minor child must:
1. Have been an eyewitness to, or have direct physical evidence or
affidavits from eyewitnesses of, the specific facts and circumstances that form
the basis upon which relief is sought, if the party against whom the protective
injunction is sought is also a parent, stepparent, or legal guardian of the
minor child; or
2. Have reasonable cause to believe that the minor child is a victim of
repeat sexual or dating violence to form the basis upon which relief is sought,
if the party against whom the protective injunction is sought is a person other
than a parent, stepparent, or legal guardian of the minor child.
So, If you do not meet the above requirements, don't file!
Once a false report is made, even if the complainant doesn't follow through, these cases are hard to stop and can have devastating personal and legal consequences.
False reporting and false accusations of domestic violence and abuse can occur when
There is a contentious divorce or a "custody battle" and one spouse cries "abuse" to gain an advantage. Sometimes, spouses will state they are victims of abuse because their spouse or significant other is a police officer, military member, lawyer or doctor, and has a professional license to lose.
This is no way is to take away from legitimate abuse, but it is imperative to remember, innocent until PROVEN guilty.
Sometimes the Courts are forced to make a judgment call. Often times because of the emotional intensity of the situation, mistakes can be made in the initial granting of Domestic Violence Injunctions. People lie or omit information, which can lead to an arrest or a civil injunction.
The Courts In Florida look to Florida Statute 741.30 to determine whether there is an imminent fear of becoming a victim of domestic violence and the fear is reasonable. The statute reads:
"In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged in the petition, including, but not limited to:
1. The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.
2. Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner's child or children.
4. Whether the respondent has intentionally injured or killed a family pet.
5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.
6. Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.
7. Whether the respondent has a criminal history involving violence or the threat of violence.
8. The existence of a verifiable order of protection issued previously or from another jurisdiction. 9. Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.
10. Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence."
If the parties have never lived together, or do not have a child in common, a person can file a petition For Protection Against Repeat Violence. This is covered in Florida Statute 784.046. Action by victim of repeat violence, sexual violence, or dating violence for protective injunction; dating violence investigations, notice to victims, and reporting; pretrial release
violations.—
(1) As used in this section, the term:
(a) “Violence” means any assault, aggravated assault, battery, aggravated
battery, sexual assault, sexual battery, stalking, aggravated stalking,
kidnapping, or false imprisonment, or any criminal offense resulting in physical
injury or death, by a person against any other person.
(b) “Repeat violence” means two incidents of violence or stalking committed
by the respondent, one of which must have been within 6 months of the filing of
the petition, which are directed against the petitioner or the petitioner's
immediate family member.
(c) “Sexual violence” means any one incident of:
1. Sexual battery, as defined in chapter 794;
2. A lewd or lascivious act, as defined in chapter 800, committed upon or in
the presence of a person younger than 16 years of age;
3. Luring or enticing a child, as described in chapter 787;
4. Sexual performance by a child, as described in chapter 827; or
5. Any other forcible felony wherein a sexual act is committed or attempted,
regardless of whether criminal charges based on the incident
were filed, reduced, or dismissed by the state attorney.
(d) “Dating violence” means violence between individuals who have or have
had a continuing and significant relationship of a romantic or intimate nature.
The existence of such a relationship shall be determined based on the
consideration of the following factors:
1. A dating relationship must have existed within the past 6 months;
2. The nature of the relationship must have been characterized by the
expectation of affection or sexual involvement between the parties; and
3. The frequency and type of interaction between the persons involved in the
relationship must have included that the persons have been involved over time
and on a continuous basis during the course of the relationship.
The term does not include violence in a casual acquaintanceship
or violence between individuals who only have engaged in ordinary fraternization
in a business or social context.
(2) There is created a cause of action for an injunction for protection in
cases of repeat violence, there is created a separate cause of action for an
injunction for protection in cases of dating violence, and there is created a
separate cause of action for an injunction for protection in cases of sexual
violence.
(a) Any person who is the victim of repeat violence or the parent or legal
guardian of any minor child who is living at home and who seeks an injunction
for protection against repeat violence on behalf of the minor child has standing
in the circuit court to file a sworn petition for an injunction for protection
against repeat violence.
(b) Any person who is the victim of dating violence and has reasonable cause
to believe he or she is in imminent danger of becoming the victim of another act
of dating violence, or any person who has reasonable cause to believe he or she
is in imminent danger of becoming the victim of an act of dating violence, or
the parent or legal guardian of any minor child who is living at home and who
seeks an injunction for protection against dating violence on behalf of that
minor child, has standing in the circuit court to file a sworn petition for an
injunction for protection against dating violence.
(c) A person who is the victim of sexual violence or the parent or legal
guardian of a minor child who is living at home who is the victim of sexual
violence has standing in the circuit court to file a sworn petition for an
injunction for protection against sexual violence on his or her own behalf or on
behalf of the minor child if:
1. The person has reported the sexual violence to a law enforcement agency
and is cooperating in any criminal proceeding against the respondent, regardless
of whether criminal charges based on the sexual violence have been filed,
reduced, or dismissed by the state attorney; or
2. The respondent who committed the sexual violence against the victim or
minor child was sentenced to a term of imprisonment in state prison for the
sexual violence and the respondent's term of imprisonment has expired or is due
to expire within 90 days following the date the petition is filed.
(d) A cause of action for an injunction may be sought whether or not any
other petition, complaint, or cause of action is currently available or pending
between the parties.
(e) A cause of action for an injunction does not require that the petitioner
be represented by an attorney.
(3)(a) The clerk of the court shall provide a copy of this section,
simplified forms, and clerical assistance for the preparation and filing of such
a petition by any person who is not represented by counsel.
(b) Notwithstanding any other law, the clerk of the court may not assess a
fee for filing a petition for protection against repeat violence, sexual
violence, or dating violence. However, subject to legislative appropriation, the
clerk of the court may, each quarter, submit to the Office of the State Courts
Administrator a certified request for reimbursement for petitions for protection
issued by the court under this section at the rate of $40 per petition. The
request for reimbursement shall be submitted in the form and manner prescribed
by the Office of the State Courts Administrator. From this reimbursement, the
clerk shall pay the law enforcement agency serving the injunction the fee
requested by the law enforcement agency; however, this fee may not exceed $20.
(c) No bond shall be required by the court for the entry of an injunction.
(d) The clerk of the court shall provide the petitioner with a certified
copy of any injunction for protection against repeat violence, sexual violence,
or dating violence entered by the court.
(4)(a) The sworn petition shall allege the incidents of repeat violence,
sexual violence, or dating violence and shall include the specific facts and
circumstances that form the basis upon which relief is sought. With respect to a
minor child who is living at home, the parent or legal guardian seeking the
protective injunction on behalf of the minor child must:
1. Have been an eyewitness to, or have direct physical evidence or
affidavits from eyewitnesses of, the specific facts and circumstances that form
the basis upon which relief is sought, if the party against whom the protective
injunction is sought is also a parent, stepparent, or legal guardian of the
minor child; or
2. Have reasonable cause to believe that the minor child is a victim of
repeat sexual or dating violence to form the basis upon which relief is sought,
if the party against whom the protective injunction is sought is a person other
than a parent, stepparent, or legal guardian of the minor child.
So, If you do not meet the above requirements, don't file!
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