LAW QUESTIONS AND ANSWERS

Law Questions and Answers

Law Questions and Answers

Question 1)

The standard method of redress for domestic violence victims is obtaining a protective order. These may be short-term, emergency protective orders, or longer term orders issued after a hearing. An emergency protective order in most cases is only issued where the applicant can show that there is a danger of immediate harm unless an order is issued. Such an order ordinarily is valid for only a few days, until a contested hearing can be held. After a hearing, the court may issue a longer term protective order. A protective order may provide such relief as: (Hamberger, & Potente, 1994)

Prohibiting further abuse;

Prohibiting contact with the victim;

Excluding the offender from the victim's home and/or place of work or school;

Payment by the offender of spousal support, child support, monetary compensation, or payment for alternative housing for the victim; and/or

Various other forms of relief.

Offenders may be required to participate in counseling, either as part of a protective order or as part of a pretrial diversion program. Successful completion of the counseling program in many states results in the charges against the offender being dropped (Hamberger, & Potente, 1994).

Protective orders in some states are valid only for three months, although the court may be permitted to extend the order if the circumstances warrant. In other states, an order is valid for up to three years.

States enforce their protective orders in a variety of ways, whether by treating a violation of an order as civil or criminal contempt of court, or as a separate felony or misdemeanor. In some states, police are required to arrest an offender if they have reason to believe a protective order has been violated. The law often provides a means for police to verify whether a protective order is in effect. In a number of states, the victim is given a certified copy of the protective order, and another copy of the order is sent to law enforcement.

References

Hamberger, L. K. & Potente, T. (1994). "Counseling heterosexual women arrested for domestic violence: Implications for theory and practice. Violence and Victim

Question 2)

There are three broad categories of employees who are not governed by employment at-will: (Ewing, 2005)

Government employees: Federal, state and local government workers are protected by the Fifth and Fourteenth Amendments, which prohibit the government from depriving any person of "life, liberty or property" without due process of law. These employees are considered to have a property interest in their jobs, and the right to due process places significant restrictions on arbitrary dismissals unrelated to job performance. Some additional protection is provided by federal, state and local civil service laws.

Union members: Virtually all collective bargaining agreements between labor unions and employers stipulate that unionized employees can be fired only for just cause, and only after a hearing before a neutral arbitrator. However, less than 20 percent of American workers belong to unions today, since union membership has been declining for years.

Contract employees: Senior executives, performers, athletes and some other well-situated employees, whose ...