Sexual Assault and 20 Tips to Prevent It!

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A Sexual Assault Occurs Every 2 Minutes

Sexual Assault” can be defined as, “any sexual contact or act performed on another without permission. The elements may include use or threat of force, inability of victim to give proper consent or both.”

sexual assaultAccording to RAINN (Rape, Abuse & Incest National Network), a sexual assault takes place every two (2) minutes in the United States. Each year there are over 212,300 victims of rape, attempted rape, and sexual assault in the United States. Nine (9) out of every ten (10) rape victims were female. But, 3% of American men, or 1 in 33, have experienced an attempted or completed rape in their lifetime. Approximately 2/3 of sexual assaults are committed by a person known by the victim.  In addition, 80% of sexual assault victims are under the age of 30.

Twenty (20) Ways to Reduce Your Risk of Sexual Assault:

  • Enroll in self-defense classes: Taking the time to take self-defense classes could be your most valuable investment of time and money to obtain peace of mind.
  • Carry a weapon: If the thought of a gun is offensive
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Foster Children : Summer Safety

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Foster Children: Summer Safety

Keeping foster children safe in the water

foster childrenWater. It can be so much fun, but oh so dangerous. The National Safe Kids Campaign (2004) reports that “drowning is the second leading cause of unintentional injury-related death among children ages 1–14 and the leading cause of unintentional injury-related death among children ages 1–4. The majority of drownings and near-drownings occur in residential swimming pools and in open water sites.” Furthermore, in 2004, “approximately 2,300 children ages 14 and under died from unintentional injuries that occurred in the home. Nearly 80 percent of these deaths were among children ages 4 and under.”

Foster Children News Headlines on Summer Safety

Reported cases of swimming pool accidents involving foster children that actually go to trial are not common.  Many more cases are filed and settled out of court. A sampling of unfortunate headlines dealing with Foster Children tells the story:

Suit Settled In Foster Child’s Near-drowning

Mother may sue over baby who drowned in foster care

Toddler ‘drowned in pool while her foster parents partied’

Foster child drowns in pool, parents question DHS

Foster Children: New

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INNOCENT SPOUSE AND IRS

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INNOCENT SPOUSE AND IRS

INNOCENT SPOUSE: AN INTRODUCTION

innocent spouseFinancial decisions in a marriage are not always a joint venture; wherein both Husband and Wife cooperate in the decision making. In the first few years of my own marriage, my Husband filed our taxes for us. I would check to ensure he put in all my information, but I never looked to see what numbers he was putting into his part of the tax return. Now that I am an attorney practicing in divorce, I know the detrimental effects that can occur in these situations.

Sometimes the spouse in charge of the finances may make misrepresentations to the Internal Revenue Service (IRS) or they may not file a tax return at all. Even though only one spouse may be in charge of the finances, both Husband and Wife will be jointly and severally liable for any unpaid taxes, fees, interest, and penalties, even if you are the innocent spouse. When getting married, we put a lot of trust and faith in our spouse to do what is right, what is correct, and what is honest; but if something … Read More... “INNOCENT SPOUSE AND IRS”

Marriage: Better the Second Time Around?

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Marriage: Better the Second Time Around?

Is Marriage Better the Second Time Around? Or, Are Second Marriages More Successful than First Marriages?

marriageMany years ago, a singing icon and legend, Frank Sinatra, released a song entitled “The Second Time Around”…..its words begin as follows—“Love is lovelier the second time around; Just as wonderful with both feet on the ground; It’s that second time you hear your love song sung……..Makes you think perhaps that love, like you, is wasted on the young”…he goes on to praise the greatness of second-time relationships. But, what are the facts about second marriages?  Do they fare well or do they fare poorly?

On September 15, 2011, Lisa Helfend Meyer posted an article entitled, “Second Marriage for Better or Worse”. The author and family law attorney stated that while 41 percent of first marriages end in divorce, the failure rate is even higher for second marriages with 60 percent ending in divorce.

While one would think that the individual having one failed marriage would be more cautious, more careful, more selective in choosing a new mate, research studies reflect that most divorced individuals … Read More... “Marriage: Better the Second Time Around?”

Shocked at Your Partner’s Behavior During Divorce?

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divorceFrequently, a spouse is incredulous at their partner’s behavior during divorce. Why do we expect people to be on their best behavior during divorce? Does anyone actually behave better under stress? If you had a tendency to anxiety in your marriage, you are probably climbing the walls. If your spouse was controlling during the marriage, then s/he is probably exhibiting dictator-like characteristics. And if either of you had a tendency toward alcohol or drug abuse or domestic violence of any kind, then you can expect those frightening behaviors to escalate.

Divorce is not a catalyst for our finest behavior. During divorce, our negative traits are amplified as we become embroiled in a torrent of never ending finger-pointing and blame. Under stress, people do not communicate more effectively. Our foibles, weak spots, and least attractive characteristics often get called into play. How your partner reacted to adversity prior to the divorce gives you some fairly accurate clues as to how they will act during the divorce process. Yet, we have hope that transformation will occur. We want to believe that we can all act in a harmonious manner. … Read More... “Shocked at Your Partner’s Behavior During Divorce?”

Custody and Smoking Issues

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Custody and Smoking Issues

custodyIf you smoke cigarettes, there’s a good chance that at some time in your past you’ve made a pact with a friend who also smoked that the two of you were going to try to quit smoking together, but you just couldn’t hold up your end of the deal.  In another attempt to quit smoking, maybe you’ve tried one of those “patches” but that didn’t do the trick either.  Perhaps you’ve seen those controversial commercials on T.V. where disfigured long-time smokers describe the major health problems that smoking has caused to their bodies, but today you remain a smoker.  Well, if you’re still a smoker, and you’ve tried repeatedly to give up the habit, the Family Law attorneys at Holzfaster, Cecil, McKnight & Mues may finally be able to provide you with the extra motivation you need to quit, especially if you are in a Custody dispute!  The new method that we are using to help our clients who are in Custody disputes to quit smoking is called the “You’re Going To Lose Custody of Your Kids If You Don’t Stop Smoking … Read More... “Custody and Smoking Issues”

Complicit: Tattletaling Required on Local Ohio Campuses

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Complicit : Tattletaling Required on Local Ohio Campuses

complicitStudents at local universities should be more aware of their surroundings while on their school’s campus.  Few students are aware that both University of Dayton (UD) and Wright State University have a charge called “Complicit” within their Codes of Conduct.  The charge of “complicit” allows the schools to discipline students who have not actually engaged in behavior that violates the Codes, but who have witnessed that behavior in other students.

Complicit Charge in University of Dayton’s Code of Conduct

At UD, the Code of Conduct defines “Complicit” as the finding that, “it is clear that the student witnessed, was present at, and/or has been determined to be responsible for allowing (condoning by failing to report) violations to occur in their assigned residence (room, suite, apartment, and/or house).”  This means that a student can be charged as complicit if a student sees another student violating the Code of Conduct, even if they do not participate. Failing to report is enough to find that student as complicit. While the Code states that the violation must … Read More... “Complicit: Tattletaling Required on Local Ohio Campuses”

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