Atrocities of Domestic Violence

Atrocities of Domestic Violence

Aug 10

Human beings are capable of many things, but the terror and oppression that one being can inflict towards another is harrowing. Domestic violence has been a plague in human culture since the beginning of time. The dynamic between the male and female in relationships can easily be offset into a place of animalistic rage. This fragile state can be detrimental to the health of the relationship and the health of the victim of such oppression. The National Coalition Against Domestic Violence released statistics to quantify the horrible aftermath for victims of domestic violence. They are crucial in explaining the effect that domestic violence can have on women, who make up the majority of domestic violence victims.

There are countless possible causes for domestic violence in today’s culture. Oversexualization of women in media, gender binary stereotypes, and reinforcement from popular figures in the current political administration, has gradually led to a normalization of abuse against intimate partners. The NCADV has published information that outlines issues faced by past victims of domestic violence. In one study they concluded that “on average, nearly 20 people per minute are physically abused by an intimate partner in the United States”. This alarmingly high rate of violence must be addressed and handled so that domestic violence does not continue to affect partners. At twenty people per minute, this annually equates to over ten million male and female survivors. Such a large portion of the population means most people either are or know first-hand survivors of such violence. In a particular case in Milwaukee, one victim was able to report her case and luckily have the judicial system adequately handle her abuser. The man repeatedly beat her, spewed flurries of verbal and mental abuse, and on more than one case made threats on her life. There are many factors that lead up to the primary incident between partners, yet none should justify violence in any form. The impact, physically and psychologically, on a victim has the potential to cause long lasting side effects. Another study found that “there is a relationship between intimate partner violence and depression and suicidal behavior”. Being physically oppressed and beaten is the antithesis to what human nature was designed to be. Men and women were not placed on this planet, coexisting, so that man could abuse his counterpart. The design of this existence is to make a new life in the form of flesh, thought, and compassion. Domestic violence is a direct contradiction to this.

In summary, domestic violence is a rampant plague on our society. Victims are usually unable to report their abuse because of threats of greater violence. Most cases involve men taking advantage of women because of their physical advantage. This must be focused on and fixed before we, as a culture, can progress. In the country, 15% of all violent crimes are domestic violence cases. This figure is unacceptable, and thankfully the future looks brighter as we see a growing voice for victims of this violence. The future, hopefully, can see a day where domestic violence has no place in any relationship.

Construction Sites’ Fatal Four

Construction Sites’ Fatal Four

Jun 29

Besides being mandated and enforced by the Occupational Safety and Health Administration (OSHA), ensuring employee safety and health in the workplace is also an obligation that common law imposes on all employers. These OSHA mandate and common law obligation are being highlighted due to the still high rate of workplace injuries and fatal accidents in working environments, especially construction sites.

Based on the 2013 record of the US Department of Labor’s Bureau of Labor Statistics, working environments accounted for 4,405 deaths; 796 of these deaths (this number is a preliminary count) were in construction sites, with the top four causes being: slips, trips, and falls; getting struck by a heavy or moving object; electrocution; and, being caught between objects – also known in the construction industry as the “Fatal Four.”

Falls, which account for about 40 % of all construction site injuries and deaths, are frequently due to poorly maintained or assembled scaffolding and work platforms, elevated surfaces or uneven floors, improper use of ladders, unnoticeable ramps and excavations, unprotected sides and edges, overhanging steel bars, lack of training on observance and strict implementation of safety measures, lack of protective gear and/or equipment, and so forth.

Being struck by a heavy or moving object is the next leading cause of injuries and deaths in construction sites. Getting hit by falling tools or construction vehicles are examples of this, while resulting injuries can include injuries to the head and/or neck, brain injury, back injury, etc.

The third most common cause of harm among construction site workers is electrocution. Damaged high voltage wires and lack of ground fault can cause severe injuries (or even death) to unsuspecting workers, many of whom have suffered serious burns, disfigurement or limb amputation.

Disfigurement or a limb getting amputated is also common when a worker gets caught or wedged between heavy or sharp objects, resulting to injuries that require days away from work. Some injuries are also severe enough to leave a worker disabled and unable to work again.

The many different dangers construction workers are made to face every day contribute to why failure to comply with safety and health standards that will result in a lack of employee protection against accident hazards or illness is a violation of the OSHA mandate to which an employer can be held totally liable.

And, if proven guilty, he or she can be ordered by the court to compensate the injured worker. According to personal Injury lawyer, Ali Mokaram, This compensation is completely different from the benefits an injured worker will receive from the Workers’ Compensation Insurance benefit.

The Harsh Penalties of a DWI Conviction

The Harsh Penalties of a DWI Conviction

Jan 03

Before the 80s, the blood alcohol concentration (BAC) limit set by the government for car drivers was 0.10 percent. To intensify the drive against drunk-driving, however, which the National Highway Traffic Safety Administration (NHTSA) has identified as one of the top causes of car accidents in the U.S., the BAC limit was lowered to 0.08 percent. This means that those caught with a 0.08 percent or higher BAC level were charged with driving while intoxicated or driving while impaired (DWI).

A DWI charge is a serious offense anywhere in the U.S. In Westchester, for example, according to a Westchester drunk driving attorney, first time offenders can face up to 1 year jail-time, $500-$1000 in fines and a minimum of six months license suspension.

For repeat offenders, though, some cities and states also require that an ignition interlock device (IID) be installed in the offender’s vehicle. The IID is wired to a vehicle’s ignition; it will require the driver’s breath sample and will only allow the car’s engine to start if no alcohol is detected in his/her breath. The device also requires periodic breath tests (while the vehicle is being driven) to make sure that the driver is continuously free from the influence of alcohol.

In addition to the IID, the court may also require DWI offenders to fill out an SR-22 or Certificate of Financial Responsibility (CFR) form (also known as FR-44 in some states), if they want to continue enjoying their driving privileges. This requirement usually lasts for three years and one effect of this is higher vehicle liability insurance premiums.

With good and strong defense from an experienced DWI lawyer, who understands fully the consequences of a DWI conviction, some defendants are able to avoid conviction and the unwanted harsh penalties it entails. However, when choosing a DWI lawyer, a person charged should know that one DWI lawyer is not as good as another.

Premarital Agreement: A Wise Financial Security in the Event of Divorce

Premarital Agreement: A Wise Financial Security in the Event of Divorce

Dec 29

A premarital agreement makes clear to those entering into marriage how their assets and properties, acquired either before or during marriage, ought to be distributed in case of divorce, legal separation or the death of one spouse. This agreement is actually a contract aimed at protecting the financial interests and future of both spouses, in case the marriage does not work and gets dissolved.

Though some engaged couples find premarital or prenuptial agreement as something that will only take away the romance in their relationship and substitute it with mistrust, many others see it as a wise financial security that will open more rooms and make couples more financially generous and open to one another.

The practice of entering into a premarital agreement takes it roots during the early 19th century, a time when women, who entered into marriage, were recognized only as “extensions” of their husbands. Back then, there was a law called “coverture,” which required women to relinquish their legal rights to their husbands upon marriage. Due to this law, married women lost their rights to get an education without their husband’s consent; they were also required to transfer their properties to their husbands, as well as sell or give up ownership of anything, transferring everything under the name of their husband. If ever allowed by their husbands to work, they will have to surrender to them everything they will earn. In the event of divorce, however, there was no guarantee that they will recover any of whatever they have given up.

The unjust effects of the coverture law were eradicated by the Married Women’s Property Act, which introduced and enforced the prenuptial agreement in 1848. It was this Act that gave back to married women all their rights, during and after marriage. Some of the real and actual advantages of the agreement were: preservation of inheritance and family ties; security over both business and personal properties made before marriage; and, assured protection of the financial security of the children.

Premarital agreements also allow for swift court decision on division of properties during a divorce case, saving divorcing couples headache, worry, money and time that lengthy discussions and arguments usually take. Financial experts advise engaged couples, though, who will decide to enter into a premarital agreement, to discuss the issue honestly, openly and candidly, so as not to make it sound and appear hurting or insulting to anyone.

In the city of Austin, Texas, particularly, Austin divorce help is made available to couples in settling the issue of property distribution, making this divorce-related issue easier and faster to settle, especially for couples who entered into a premarital agreement.

Understanding Employer Retaliation And How To Prove It

Understanding Employer Retaliation And How To Prove It

Nov 03

When an employer violates employment laws, an employee has the right to lodge a complaint against the company. A worker who files a discrimination or harassment claim against their employer is protected from retaliation from their employer. Under most laws, it is illegal for management to retaliate against an employee for filing a claim. According to records from the Equal Employment Opportunity Commission, a third of most discrimination charges include a retaliation claim.

In a retaliation claim, you need to prove three things for your case to be successful. First, you engaged in a protected activity. Second, your employer took action against you. Finally, there is a causal link between your activity and the action of the employer. Texas employment law attorneys of the Leichter Law Firm will tell you that a successful claim may make an employee eligible to receive lost wages, compensatory damages, punitive damages, and attorney’s fees.

Federal laws that make discrimination illegal also prohibit retaliation against an employee who engages in protected activity. There are two types of protected activity namely opposition and participation. In opposition, an employee who oppose any activity that is illegal under employment laws engage in protected activity. Examples of protected activity include directly complaining of harassment or discrimination or participating in investigations.

Participation, on the other hand, involves employees who file charges of discrimination with the EEOC, participates or assist in investigations, or files or takes part in investigations is protected from retaliation.

The second thing you have to prove in a retaliation case is the negative action of the employer against the employee. Examples of retaliation with materially adverse reactions include demotion, discipline, firing, salary reduction, transfer, change in job assignments, and others. However, the Supreme Court does not confine adverse actions to employment or in the workplace. As long as the action will prevent an employee from making a complaint, it can be considered adverse action.

The third thing you need to prove in a retaliation claim is the connection between the protected activity and the negative action. An activity can only be considered as retaliation if the adverse action was completely related with the complaint.