Friday, December 30, 2011

Presidential Proclamation -- National Stalking Awareness Month, 2012

The White House
Office of the Press Secretary
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

In our schools and in our neighborhoods, at home and in workplaces across our Nation, stalking endangers the physical and emotional well being of millions of American men and women every year. Too often, stalking goes unreported and unaddressed, and we must take action against this unacceptable abuse. This month, we stand with all those who have been affected by stalking and strengthen our resolve to prevent this crime before it occurs.

Stalkers inspire fear through intimidation, explicit or implied threats, and nonconsensual communication often by telephone, text message, or email that can cause severe emotional and physical distress. Many victims suffer anxiety attacks, feelings of anger or helplessness, and depression. Fearing for their safety, some are forced to relocate or change jobs to protect themselves. And, tragically, stalking can be a precursor to more violent offenses, including sexual assault and homicide. The consequences of this crime are real, and they take a profound and ongoing toll on men, women, teens, and children across our country.

Despite the dangerous reality of stalking, public awareness and legal responses to this crime remain limited. New data show that one in six women and one in 19 men have experienced stalking that caused them to be very fearful or feel that they or someone close to them were in immediate physical danger. Among men and women alike, victims are most commonly stalked by current or former intimate partners, and young adults are at the highest risk for stalking victimization. Though stalking can occur in any community, shame, fear of retribution, or concerns that they will not be supported lead many victims to forego reporting the crime to the police. As we strive to reverse this trend, we must do more to promote public awareness and support for survivors of stalking.

My Administration is working to advance protection and services for stalking victims, empower survivors to break the cycle of abuse, and bring an end to violence against women and men. With unprecedented coordination between Federal agencies, we are promoting new tools to decrease the incidence of domestic violence, sexual assault, dating violence, and stalking, and we are taking action to ensure perpetrators are held accountable. To reinforce these efforts, advocates, law enforcement officials, and others who work with victims must continue to improve their capacity to respond with swift and comprehensive action. From raising awareness to pursuing criminal justice, all of us have a role to play in stopping this senseless and harmful behavior.

This month, let us come together to prevent abuse, violence, and harassment in all their forms and renew our commitment to bring care and support to those in need.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 2012 as National Stalking Awareness Month. I call on all Americans to learn to recognize the signs of stalking, acknowledge stalking as a serious crime, and urge those impacted not to be afraid to speak out or ask for help. Let us also resolve to support victims and survivors, and to create communities that are secure and supportive for all Americans.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty eighth day of December, in the year of our Lord two thousand eleven, and of the Independence of the United States of America the two hundred and thirty-sixth.

BARACK OBAMA

Thursday, December 22, 2011

N.J. victims of stalking would be able to sue under bill cleared by Assembly

Monday November 28, 2011, 12:04 PM
State House Bureau

Victims of stalking would be able to sue under a bill cleared by an Assembly panel this morning.
The measure (A4086) would allow stalking victims to sue their stalkers for compensatory and punitive damages, as well as legal costs. While stalking is a criminal offense, civil cases require a lower burden of proof.
The bill’s sponsor, Assemblyman Peter Barnes III (D-Middlesex), said 10 states already have a similar law on their books.
“New Jersey, if this bill is release and if it’s signed, will become one more state that recognizes a civil cause of action for stalking,” said Barnes.

http://www.nj.com/news/index.ssf/2011/11/victims_of_stalking_would_be_a.html

Friday, December 16, 2011

Where the victim resides is where the investigation is handled....

The only county in NJ not complying with the dictate "where the victim resides is where the investigation into the crime is handled" is Monmouth County.   The only county in NJ not prosecuting stalking cases is Monmouth County.   Pete Warshaw needs to resign as prosecutor.  Pete is all about being in the press talking about the murder cases he is handling - how about preventing the murder?

If you are the victim of domestic violence or stalking in Monmouth County you are collateral damage as far as the prosecutors office is concerned.  When you are murdered you become an opportunity for Prosecutor Warshaw to address the media.  Monmouth County does not provide crime victims with victim witness advocates and they dismiss cases based on prosecutorial discretion prior to an investigation into the crime.

If you want to commit the act of stalking or domestic violence in NJ and your victim resides in Monmouth County,  your crime will never be investigated or prosecuted unless or until you murder you victim.  Criminals are free to torture their victims without any repercussion in Monmouth County.

Tuesday, October 25, 2011

Senators call for investigation into 'stalking apps'

http://www.echopress.com/event/article/id/89106/group/News/

Today, U.S. Sens. Al Franken (D-Minn.) and Chuck Grassley (R-Iowa) led a bipartisan group of Senators in calling on key federal agencies for an investigation into mobile phone “stalking apps.” The apps are designed to allow domestic abusers and stalkers to secretly track a victim’s movement and location, read a victim’s email and text messages, or listen to a victim’s phone calls – all without the victim’s knowledge or consent.

Sens. Franken and Grassley wrote a letter to the Federal Trade Commission and the Department of Justice and urged the agencies to determine whether such apps are legal under current law. The letter was also signed by Sens. Amy Klobuchar (D-Minn.), John Cornyn (R-Texas), Richard Blumenthal (D-Conn.), Lindsey Graham (R-S.C.), Sheldon Whitehouse (D-R.I.), Charles Schumer (D-N.Y.) and Dianne Feinstein (D-Calif.).

“Stalking apps are dangerous,” the senators wrote in the letter. “We ask that you quickly determine if they are also illegal. If so, we ask that the Department of Justice and the Federal Trade Commission use their full force to investigate and prosecute those behind the development and marketing of these products for illegal stalking.”

Stalking apps are directly marketed to individuals seeking to secretly track their spouses and intimate partners. “Worried about your spouse cheating?” one apps’ website asked, offering the ability to “Track every text, every call and every move They make Using our easy Cell Phone Spy Software.” Other apps make similar claims, telling users that they can “track her movements throughout the day” or even “tap her actual phone call.” According to 2006 Bureau of Justice Statistics data, some 26,000 Americans are victims of GPS stalking annually, including by cell phone – although most advocates believe that number if considerably larger in 2011.

The letter cites an example of a victim from St. Louis County, Minnesota, who was tracked by her abuser through her smartphone during her trips to various county buildings to obtain an Order of Protection against him. This example was drawn from testimony submitted by the Minnesota Coalition for Battered Women and the National Network to End Domestic Violence to the Senate Judiciary Subcommittee on Privacy, Technology and the Law, which Senator Franken chairs.

Wednesday, September 7, 2011

Litigation Abuse, Parental Alienation and the Family Court

http://www.ncjfcj.org/images/stories/dept/fvd/pdf/judicial%20guide.pdf


The above link connects you to a free guide entitled  " A Judicial Guide to Child Safety in Custody Cases" prepared by the Family Violence Department of the National Council of Juvenile and Family Court Judges

C. [§3.3] A Word of Caution about Parental Alienation


Under relevant evidentiary standards, the court should not accept testimony regarding

parental alienation syndrome, or “PAS.” The theory positing the existence of PAS has been

discredited by the scientific community. In Kumho Tire v. Carmichael, 526 U.S. 137 (1999),

the Supreme Court ruled that even expert testimony based in the “soft sciences” must meet

the standard set in the Daubert case. Daubert, in which the court re-examined the

standard it had earlier articulated in the Frye case, requires application of a multi-factor

test, including peer review, publication, testability, rate of error, and general acceptance.

PAS does not pass this test. Any testimony that a party to a custody case suffers from the

syndrome or “parental alienation” should therefore be ruled inadmissible and stricken from

the evaluation report under both the standard established in Daubert and the earlier Frye

standard.

Friday, August 19, 2011

ABA study urges NJ ethics committees be abolished - August 2011

ABA Panel Suggests Attorney Discipline Be Wrested From District Committees
http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202509474397&hubtype=MAIN%20PAGE&slreturn=1&hbxlogin=1

New Jersey Law Journal

August 3, 2011

An American Bar Association panel is recommending an overhaul of New Jersey's attorney disciplinary system, suggesting first and foremost that the functions now handled by the district ethics committees be assumed by the Office of Attorney Ethics.
The NJ Supreme Court has published the report from the ABA
http://www.judiciary.state.nj.us/notices/2011/n110803a.pdf 
and is soliciting comments through Friday, September 30, 2011
Comments on this report may be submitted by Internet e-mail to Comments.Mailbox@judiciary.state.nj.us

My personal experience at an April 2011 district ethics hearing supports this recommendation.   I filed a complaint against an attorney who served a subpoena on the Marlboro Police to obtain all of the police reports that I filed relating to my stalking.  This subpoena was served without any litigation pending.  Judge Michael Guadagno's opinion in the case on the illegal use of subpoena became a published opinion.  This attorney kept the improperly obtained police reports and after Judge Guadagno was transferred to another county, the attorney began filing motions against me using the police reports.  Those motions also termed vexatious litigation lasted for two years and abused me and my family financially and emotionally.   On the morning of the ethics hearing held at Lomurro Davison Eastman and Munoz, the district secretary Kathleen Sheedy barged into a side conference room where i was standing with my attorney and the prosecutor.  The district secretary, who is at least twice my size, began screaming at me while walking towards me causing me to eventually back up against a wall.  District Secretary Kathleen Sheedy was upset about the submission of a victim impact statement.  With my back firmly against a wall, I told the district secretary Kathy Sheedy that her behavior was abusive and if she did not stop screaming at me, I would leave the room.  At that point the district secretary told me that if I left the room, the district hearing would be cancelled.  I had no choice but to endure the abuse.  The attorney brought up on ethics charges was a former member of this panel and as my attorney explained to me likely a friend of the ethics secretary.   This behavior by the ethics secretary was unethical and meant to intimidate me before I testified.    Local  ethics committees need to be abolished.