Related posts:

1. Domestic Violence is Real
2. When Getting Beaten By Your Husband Is A Pre-Existing Condition
3. Domestic Violence: Legal Steps in Obtaining a Maryland Protective Order

Evil Eye

It is terrifying for a victim of domestic violence to step outside the vicious cycle their life has become and file the legal documents necessary for a temporary protective order in a court of law.  But studies have shown – and common sense dictates – that the prospect for the victim to present their case while the abuser is virtually standing next to them is unthinkable.  Surely it has given many pause in coming forward.  Bravo to the Montgomery County Family Justice Center and Foundation…may they lead the way across the country with this very significant step.

(ROCKVILLE, Md. — Sept. 28, 2009) Victims of domestic violence who come to the Montgomery County Family Justice Center (here is a great article about the Center) now have safer, easier access to justice. Thanks to a pilot program launched by the Maryland Judiciary, they can now file requests for temporary protective orders directly from the Family Justice Center and have their requests heard by judges at the Montgomery County Circuit or District Court by way of a live video link.

Video conferencing will be provided for temporary protective orders in Montgomery County courts that are ex parte — without notice to or the presence of the other party.

“The Judiciary is offering video conferencing as a way to help protect victims of domestic violence and improve access to and safety in our courthouses for all Marylanders,” said Chief Judge Ben C. Clyburn of the District Court of Maryland. “Victims no longer will have to leave the safety and security of the Family Justice Center to file petitions for protection. This will benefit victims, families and the general public we serve.”

The Montgomery County Family Justice Center opened this past spring in Rockville. Staff from the Montgomery County Sheriff’s Office, Office of State’s Attorney, Department of Health and Human Services, Montgomery County Police, House of Ruth and other private non-profits work together to provide services for domestic violence victims at the center, including help filing temporary protective orders. Protective orders generally apply to people in domestic relationships, and are issued by judges when petitioners have proved one of the following has occurred: an act that caused serious bodily harm or has placed the petitioner in fear of imminent bodily harm; an assault; rape or sexual offense; false imprisonment; or criminal stalking.

Last year, Montgomery County courts granted more than 1,850 temporary protective orders; statewide, more than 18,400 temporary protective orders were granted in Maryland’s courts.

“In addition to easier access to our courts, video conferencing reduces the danger to the victim of encountering the offender at or near the courthouse,” Judge Clyburn said. “This plan also provides more flexibility in scheduling temporary protective order cases, which is a more effective use of court time.” While they are waiting for their video hearing, victims can also receive other critical services at the Family Justice Center.

Video conferencing, which is operating as a pilot program at the Montgomery County courts, was developed in consultation with court officials, District and Circuit Court judges, the Clerk of the Circuit Court, court staff, Montgomery County government, members of the bar, other interested parties, vendors, and providers of video conferencing systems. Private funding for the equipment for this program was provided through a grant from the Verizon Wireless Hopeline Foundation.

The Montgomery County Family Justice Center also has a special room where children can play under the watch of trained volunteers. “Court buildings are not an ideal place for children, and video conferencing has an added benefit of helping to ease the stress on children, as well as reducing the disruption that is often caused by children in the courthouse or courtroom,” said Pam Harris, court administrator for the Montgomery County Circuit Court.

Family Justice Centers are fast becoming an accepted trend as they provide services for domestic violence victims at one location, enhancing their personal safety by reducing the number of places a victim has to go to receive services and minimizing barriers to services victims may face. These barriers include lack of transportation, child care, cultural issues, and language.

“Statistics have shown that the most vulnerable time for domestic violence victims is immediately following the issuance of a temporary protective order,” said Chief Deputy Darren Popkin of the Montgomery County Sheriff’s Office. “Nationwide, jurisdictions that have opened Family Justice Centers have shown a dramatic reduction in domestic related homicides among the victims that have sought services at the centers. By co-locating services, critical safety services can be coordinated by partners at the center.”

About three-quarters of people coming to Family Justice Centers throughout the United States ask for help with filing for a temporary protective order. The Judiciary has acted to improve access to services by including attorneys and advocates for domestic violence victims in courthouses across the state.

# # # # #

(Editor’s Note: For more information, contact the Maryland Judiciary Office of Communications and Public Affairs, (410) 260-1488.

Related posts:

1. Domestic Violence: Legal Steps in Obtaining a Maryland Protective Order
2. Domestic Violence: What Can the Judge Order?
3. Domestic Violence: Facing Abuse

Our country is in moral decay.  Hand in hand with the prevalence of greed, strolls incivility.   La te da. The last few days are prime examples of the many despicable public displays – Serena Williams, Kanye West, and Congressman Wilson.  Unfortunately, in my own profession there is an alarming increase in bad behavior amongst attorneys.  Don’t laugh – it wasn’t always that way…  Many of us were taught that one did not have to be disagreeable to disagree.  But that is a conversation for another day.

However, when one connects the dots of just these two sad realities – greed and incivility – the picture becomes clear – the raging narcissists and insidious sociopaths are running the asylum.  We are in a fight for the very soul of civilization.

The strength of our republic lies in the middle class.  Who else is there….but just us? (Pun intended.)  It is past the time for action.

I digress.  More on that later.  Back to the main story.  In the articles below, note the identity of the eight companies Rep. Charles Schumer found in 1995 that refused to write health, life or disability policies for women who have been abused.  Perhaps a call to your insurance agent or the insurance commissioner of your state would at least serve to let them know we have not been lulled us into complacency; they have not dumbed us down and good and decent people do outnumber the raging lunatics attracting the media attention.  Here are the 2007 insurance company executive salaries, should you need any incentive:

ANNUAL COMPENSATION 2007:

* Ronald A. Williams, Chair/ CEO, Aetna Inc., $23,045,834
* H. Edward Hanway, Chair/ CEO, Cigna Corp, $30.16 million
* David B. Snow, Jr, Chair/ CEO, Medco Health, $21.76 million
* Michael B. MCallister, CEO, Humana Inc, $20.06 million
* Stephen J. Hemsley, CEO, UnitedHealth Group, $13,164,529
* Angela F. Braly, President/ CEO, Wellpoint, $9,094,771
* Dale B. Wolf, CEO, Coventry Health Care, $20.86 million
* Jay M. Gellert, President/ CEO, Health Net, $16.65 million
* William C. Van Faasen, Chairman, Blue Cross Blue Shield of Mass., $3 million plus $16.4 million in retirement benefits
* Charlie Baker, President/ CEO, Harvard Pilgrim Health Care, $1.5 million
* James Roosevelt, Jr., CEO, Tufts Associated Health Plans, $1.3 million
* Cleve L. Killingsworth, President/CEO Blue Cross Blue Shield of Massachusetts, $3.6 million
* Raymond McCaskey, CEO, Health Care Service Corp (Blue Cross Blue Shield), $10.3 million
* Daniel P. McCartney, CEO, Healthcare Services Group, Inc, $1,061,513
* Daniel Loepp, CEO, Blue Cross Blue Shield of Michigan, $1,657,555
* Todd S. Farha, CEO, WellCare Health Plans, $5,270,825
* Michael F. Neidorff, CEO, Centene Corp, $8,750,751

With that, the Young Turks:

The Service Employees International Union “SEIU” initially reported on this story.  They have organized a call to action.  Please heed the call.

Words cannot describe the sheer inhumanity of this claim. It serves as yet further proof that our insurance system is broken, destroyed by the profit-mongering of the very companies whose sole purpose should be to provide Americans with access to care when they need it most. In 1994, an informal survey conducted by the Subcommittee on Crime and Criminal Justice of the United States Senate Judiciary Committee revealed that 8 of the 16 largest insurers in the country used domestic violence as a factor when deciding whether to extend coverage and how much to charge if coverage was extended.

It is clear that insurance companies refuse to police themselves. It’s up to us to call on Congress to take action now to pass health care reform and end discrimination against patients with pre-existing conditions.

Ryan Grim of the Huffington Post writes:

With the White House zeroing in on the insurance-industry practice of discriminating against clients based on pre-existing conditions, administration allies are calling attention to how broadly insurers interpret the term to maximize profits.

How many tears must we shed?

It turns out that in eight states, plus the District of Columbia, getting beaten up by your spouse is a pre-existing condition.

Under the cold logic of the insurance industry, it makes perfect sense: If you are in a marriage with someone who has beaten you in the past, you’re more likely to get beaten again than the average person and are therefore more expensive to insure.

In human terms, it’s a second punishment for a victim of domestic violence.

In 2006, Democrats tried to end the practice. An amendment introduced by Sen. Patty Murray (D-Wash.), now a member of leadership, split the Health Education Labor & Pensions Committee 10-10. The tie meant that the measure failed.

All ten no votes were Republicans, including Sen. Mike Enzi (R-Wyoming), a member of the “Gang of Six” on the Finance Committee who are hashing out a bipartisan bill. A spokesman for Enzi didn’t immediately return a call from Huffington Post.

At the time, Enzi defended his vote by saying that such regulations could increase the price of insurance and make it out of reach for more people. “If you have no insurance, it doesn’t matter what services are mandated by the state,” he said, according to a CQ Today item from March 15th, 2006.

Robert Zirkelbach, a spokesman for an insurance industry trade group, America’s Health Insurance Plans (AHIP), said that the National Association of Insurance Commissioners (NAIC) has proposed ending the discrimination. “The NAIC has a model on this that we strongly supported. That model bans the use of a person’s status as a victim of domestic violence in making a decision on coverage,” he said.

During the last health care reform push, in 1993 and 1994, the industry similarly promised to end discrimination against people with pre-existing conditions.

Murray pushed to include the domestic violence concern in this year’s comprehensive health care bill. “Senator Murray continues to believe that victims of domestic violence should not be punished for the crimes of their abusers. That is why she worked to include language in the Senate HELP Committee’s health insurance reform bill that would ban this discriminatory and harmful insurance company practice,” said spokesman Eli Zupnick.

In 1994, then-Rep. Charles Schumer (D-N.Y.), now a member of Senate leadership, had his staff survey 16 insurance companies. He found that eight would not write health, life or disability policies for women who have been abused. In 1995, the Boston Globe found that Nationwide, Allstate, State Farm, Aetna, Metropolitan Life, The Equitable Companies, First Colony Life, The Prudential and the Principal Financial Group had all either canceled or denied coverage to women who’d been beaten.

The Service Employees International Union asked members to write letters to Congress regarding the exclusion and have quickly generated hundreds, says an SEIU spokeswoman.

The relevant provision:

SEC. 2706. PROHIBITING DISCRIMINATION AGAINST INDIVIDUAL PARTICIPANTS AND BENEFICIARIES BASED ON HEALTH STATUS.

(a) IN GENERAL.–A group health plan and a health insurance issuer offering group or individual health insurance coverage may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan or coverage based on any of the following health status-related factors in relation to the individual or a dependent of the individual:

(1) Health status.

(2) Medical condition (including both physical and mental illnesses)

(3) Claims experience.

(4) Receipt of health care.

(5) Medical history.

(6) Genetic information.

(7) Evidence of insurability (including conditions arising out of acts of domestic violence).

(8) Disability.

(9) Any other health status-related factor determined appropriate by the Secretary.

UPDATE: The eight states that still allow it are Idaho, Mississippi, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota and Wyoming, according to a report by the National Women’s Law Center.

When you gonna wake up, when you gonna wake up
When you gonna wake up and strengthen the things that remain?

Ryan Grim of the Huffington Post.

In 1979, Bob Dylan wrote this song and it is as true today as it was relevant then:

Bob Dylan

When You Gonna Wake Up?

God don’t make no promises that He don’t keep.
You got some big dreams, baby, but in order to dream you gotta still be asleep.

When you gonna wake up, when you gonna wake up
When you gonna wake up and strengthen the things that remain?

Counterfeit philosophies have polluted all of your thoughts.
Karl Marx has got ya by the throat, Henry Kissinger’s got you tied up in knots.

When you gonna wake up, when you gonna wake up
When you gonna wake up and strengthen the things that remain?

You got innocent men in jail, your insane asylums are filled,
You got unrighteous doctors dealing drugs that’ll never cure your ills.

When you gonna wake up, when you gonna wake up
When you gonna wake up and strengthen the things that remain?

You got men who can’t hold their peace and women who can’t control their tongues,
The rich seduce the poor and the old are seduced by the young.

When you gonna wake up, when you gonna wake up
When you gonna wake up and strengthen the things that remain?

Adulterers in churches and pornography in the schools,
You got gangsters in power and lawbreakers making rules.

When you gonna wake up, when you gonna wake up
When you gonna wake up and strengthen the things that remain?

Spiritual advisors and gurus to guide your every move,
Instant inner peace and every step you take has got to be approved.

When you gonna wake up, when you gonna wake up
When you gonna wake up and strengthen the things that remain?

Do you ever wonder just what God requires?
You think He’s just an errand boy to satisfy your wandering desires.

When you gonna wake up, when you gonna wake up
When you gonna wake up and strengthen the things that remain?

You can’t take it with you and you know that it’s too worthless to be sold,
They tell you, “Time is money” as if your life was worth its weight in gold.

When you gonna wake up, when you gonna wake up
When you gonna wake up and strengthen the things that remain?

There’s a Man up on a cross and He’s been crucified.
Do you have any idea why or for who He died?

Copyright © 1979 Special Rider Music

UPDATE from SEIU:

In eight states, it is legal for insurance companies to deny coverage to victims of domestic violence, classifying it as a “pre-existing condition.”

This week, the U.S. House Subcommittee on Domestic Policy is conducting hearings examining insurance company interference with patient-doctor decisions. We’re asking the Subcommittee Chairman Rep. Dennis Kucinich to question the insurance industry on whether they’ve denied claims based on domestic violence in the past, and to pledge to never discriminate against victims of domestic violence.

Tell Rep. Kucinich: Demand Answers from the Insurance Industry on Claiming Domestic Violence as a “Pre-Existing Condition”

No one should be denied health care coverage, least of all, people who have already endured so much.

Urge Rep. Kucinich to publicly question insurance companies on this practice during his hearings on Sept. 16th & 17th. Go here to participate.

Related posts:

1. Domestic Violence Billboards: Idea! – Maryland Insurance Companies Should Sponsor
2. Domestic Violence is Real
3. Temporary Protective Orders to be Heard via Video in Montgomery County

This article is reprinted in full with permission from the author Gwendolyn Glenn of the Patuxent View Newspaper (gglenn@patuxent.com).  I cannot improve upon it.

Norma Harley is manager of the Prince George’s County Sheriff Department’s domestic violence unit in Landover. She says her office receives between 1,300-1,500 peace and protective orders each month. (Photo by Don Watkins)

Growing up in Roanoke, Va., 45-year-old Valerie Nicholas said as a small child she endured physical, verbal and sexual abuse that began when she was only 8 years old.

Initially, it was the friends of her alcoholic father who abused her. Later, when she began dating as a teenager and up until a few years ago, Nicholas, now a resident of Laurel, went through numerous abusive relationships.

“I would ask myself, ‘What is it that allows me to take this abuse and think it’s normal?’ ” Nicholas said. “When I was at my lowest point, I said, ‘God if you will restore me, I’ll spend the rest of my life helping others deal with abuse.’

“It took many years of counseling, along with having a strong network of family, friends and church members for Nicholas to put that abusive past behind her. Now that she has, Nicholas is helping others break the cycle of abuse in their lives by telling them her story and working with victims and local officials through a nonprofit organization she founded, Love Is Not Enough (www.loveisnotenough.org).

“I want to go in the community to schools, churches, companies and on the streets to talk to domestic violence victims … and not tell them what to do, but give them options on what they can do,” she said. “I’ve done PSAs for the Sheriff’s Department, sat on panels on domestic violence and spoken at forums at Prince George’s Community College.”

Laurel and Prince George’s County officials applaud Nicholas’ efforts because they, as well as social work professionals, say domestic violence in the county and city is on the rise.

“It’s increasing not just with spouses, but with teenagers, and we’ve seen a 20 percent increase in men applying for protective orders over the past five years,” said Norma Harley, manager of the Prince George’s County Sheriff Department’s domestic violence intervention assistance unit.

“My office receives 1,300 to 1,500 peace and protective orders each month, but I see that as a positive because in the past, many people didn’t call or trust receiving assistance from law enforcement.

“Harley said the county has the second-highest rate of domestic violence assistance calls in Maryland — Baltimore is number one. Last year, 75 men, women and children died in the state as a result of domestic violence, according to the Maryland Network Against Domestic Violence.

Locally, Laurel police officials said, domestic abuse cases here have increased by 5 percent over the past year.

“We get one call a day on domestic violence and it used to be all women, but men are being assaulted now, too,” said Lt. Robert Althoff, who oversees the Police Department’s domestic violence unit that consists of him and another officer. “Sometimes it’s parents arguing with children, but as far as true domestic violence between spouses, we see one to two cases a week.

“But as domestic abuse incidents are increasing, services for victims are not keeping pace. At a June 10 U.S. Senate hearing on violence against women, senators were told that according to the latest census, nationwide 60,500 people are assisted by domestic violence programs each day, and 9,000 others are turned down for assistance.

“There’s not much out there for domestic abuse victims and not many places to get them away from their homes,” said Pamela Lampley, clinical director for Reality Inc., a drug and alcohol treatment facility on Main Street. “A large population of our women were abused. We give those we see referrals to get help, but some return home after treatment here and we’ve known of several who’ve died tragically after going back into abusive homes.

“Tammie Yancey, a local counselor, believes there is more assistance for drug and alcohol abusers than for domestic violence victims in Laurel.

“There’s definitely a need for more resources to help these victims, especially where housing is concerned,” Yancey said. “Laurel needs more places where people can go to get out of their physically violent environments.”

According to the Maryland Network, nationally 63 percent of all homeless women are domestic violence victims. Many get referred to the House of Ruth in Washington, D.C., and area shelters. Oaklands and Laurel Presbyterian churches operate shelters, but they usually have a waiting list for their few beds. The same is the case at Laurel Advocacy and Referral Services, which has 10 apartments available for longer term housing for homeless families.

“We’re seeing a steady flow of domestic violence victims and although we are not a domestic violence agency, we never turn our backs on them,” said Nancy Graham, LARS’ executive director. “More than half of the homeless families in our transitional housing are domestic violence victims.

“For abused victims who come to the agency who are not in the referral service’s housing program, Graham said, “We refer them to those with expertise to help them, but if they need to leave their homes immediately, we get vouchers from the county to put them in hotels for two nights while we get them linked to the appropriate services.

“The need to do more for domestic violence victims has caught the attention of the Laurel Police Department, where officials are preparing to implement a more aggressive program for victims.

Currently, when police get a domestic violence call, in most cases they take a report and give the victim pamphlets from the Sheriff’s Department.

But now, inspired by discussions with Nicholas and other victims, Althoff said, “It’s time we step up and be more proactive. We’re trying to pull together counselors, professionals and advocates who can counsel the victims and help us do follow-up work with them. We’re taking baby steps now, but we want to go full speed later this month.

“That plan is in line with what Catherine Pierce, acting director of the Department of Justice’s Office on Violence Against Women, told senators at the hearing she’d like to see more law enforcers do.

“We can’t rely solely on the criminal justice system, but local groups and resources must be available and law enforcement must work with advocates and survivors,” Pierce said.

Althoff agreed and said the list he’s compiling of victims willing to assist them is especially important because he said, “Some victims don’t want to talk to strangers who haven’t been there, so we want to have people who’ve been abused, that they can relate to, for them to talk to. Victims have called me like Valerie (Nicholas), who’s on fire. She wants to share her story and let victims know that there’s light at the end of the tunnel.

“Through her organization, Nicholas plans to act as a mentor to domestic violence victims and she is applying for government grants so she can travel across the state this summer to reach out to domestic violence victims wherever she finds them.

Nicholas said, “I just want to provide a service to help people because this is not a job for me, but my ministry.”

Related posts:

1. Don’t Get Help, Domestic Violence is Not in the Budget
2. Domestic Violence Billboards: Idea! – Maryland Insurance Companies Should Sponsor
3. New Domestic Violence Assessment Tool

Domestic Violence PSA

Make no mistake – domestic violence is real. If you see or hear it – report it.

Related posts:

1. Domestic Violence Billboards: Idea! – Maryland Insurance Companies Should Sponsor
2. New Maryland Domestic Violence Laws Signed Today by Governor
3. New Domestic Violence Assessment Tool