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January 27, 2011

UK Crosses The Line In Escalating The Crimes of Domestic Violence -- Colorado Not There Yet


Criticizing partner, denying them money and shouting is domestic abuse, in UK court

BRITAIN'S Supreme Court has ruled that shouting constitutes as domestic violence and anyone who raises their voice at their partner could be thrown out of their home, the Daily Mail reported Thursday.

Leading a bench of five judges, Lady Brenda Hale made the ruling in the case of Mihret Yemshaw, 35, who had applied for free housing entitled to victims of domestic abuse.

Ms Yemshaw said her husband had yelled at her in front of their two children and did not give her money for housekeeping.

However, her request was rejected by officials in Hounslow, West London because her husband had never hit her or threatened physical violence.

But the new judgment means Hounslow council will be required to reconsider Ms Yemshaw's case.

Under the landmark ruling, denying money to a partner or criticizing them could also count as abusive behavior.

H. Michael's Take

While Colorado's Legal Definition of Domestic Violence is very broad - it has not achieved the insanity of the ruling of this British court.

Colorado criminal defense lawyers agree that many arrests in Colorado for domestic violence are frivolous on their face.

I have defended cases where water was thrown on a spouse's face -- where the back of the husbands head was playfully scuffed - and where a spouse has broken his own personal property in an silly manner -- all leading to arrests, charges, and later dismissals of the cases - but this case reaches new plateaus of absurdity.

Colorado has not reached that point in the expansion of the crimes of domestic violence.. HMS

December 24, 2010

Domestic Violence Increases Because of the Bad Economy


Recently a Texas newspaper reflected a sruvey by the Allstate Foundation that has found nine of the ten domestic violence programs in the Dallas area reported a significant increase in demand for their services this year. It's a trend they blame, in part, on the bad economy.

The decrease in the resources of many marriages has led - at large part - to the increase in acts of domestic violence.... It is a national trend - and it is growing here in Colorado as well.

Many domestic violence shelters report that calls for help have also increased drastically... in some cases, as much as 60-percent since last year.

"They're very open with us and they'll tell us its because of their finances," said Catherine Olde of Safe Haven of Tarrant County.

Advocates say the economy has added stress on families, making abusers more violent and men and women less likely to leave the families.

Shelter services, meanwhile, are being stretched to their limits trying to meet the increased need.

Advocates are now trying to focus their efforts on prevention, while helping as many people as they can.

H. Michael's Take

It is no surprise to Colorado criminal defense lawyers practicing Colorado domestic violence defense.. that domestic violence is on the increase. What is more significant to me is the absence of resources available to assist married and unmarried people through this stressful period.

I have seen little or no public education that is dedicated to supporting families, little in the way of church based services that are being made available, and even little internal efforts on the part of extended families to reach out and assist couples struggling with the stress of the financial downturn.

The reason? The intensely private nature of relationships and the fear of the appearance of interfering in the intimate relationships of others.

I advocate for preventative - proactive measures- not just reactive or emergency based triage type services. Battered women's shelters should be a last resort for women who find themselves in these difficult circumstances.

My strong suggestion -- reach out to your family and try a form of intervention ... it may save a family from the destruction of a domestic violence charge. H. Michael. Steiberg