What’s New on WomensLaw.org

On our South Dakota Lawyer Referral Services page, we updated the contact information, website, and description for the South Dakota Bar Association Lawyer Referral Service.

We added a new statute with definitions related to sexual assault to our Selected Wisconsin Statutes page.

We updated contact information for Delaware Volunteer Legal Services on our Delaware Legal Assistance page.

We created a new question in our Ohio Custody page called Can I change an order after it is issued? Spanish coming soon!

In our New Jersey Custody page, we re-wrote the question Can an abusive parent get custody or visitation? in English and Spanish to better explain the factors the judge will consider.

In our North Carolina Custody section, we revised Can I get an emergency order for temporary custody? to clarify that the standard we listed for getting an emergency ex parte custody order only applies if it would change the living arrangements of a child or change custody. Changes made in English and Spanish.

In our Maryland Domestic Violence Restraining Orders page, we revised What are the legal definitions of domestic abuse, sexual assault, abuse of a child, and abuse of a vulnerable adult in Maryland? to clarify that victims of sexual assault or attempted sexual assault committed within the past six months can file for a protection order against anyone, regardless of their relationship. Changes made in English and Spanish.

We translated into Spanish the question Where can I find additional information about divorce in Washington? on our Divorce section in Washington. 

We created a new Washington Housing Laws section with nine questions to explain the protections offered to victims of domestic violence, sexual assault, unlawful harassment, and stalking. Spanish soon to come! We also added six related statutes to our Selected Washington Statutes page.

Based on 2022 changes to the law, we updated I am a victim of domestic violence and the abuser has a gun. Is that legal? and If the abuser has been convicted of a crime, can s/he keep or buy a gun? in our Nevada State Gun Laws section to reflect the fact that the law no longer prohibits gun possession based on a conviction for a domestic violence misdemeanor. Instead, the law prohibits gun possession due to a conviction for crime of “battery which constitutes domestic violence.” Changes made in English and Spanish.

We added a statute related to small claims court to our Selected Pennsylvania Statutes page.

Based on 2022 additions to the law, in our Wisconsin Custody section, we added information to How do I change an existing order? about parents agreeing to allow a future modification based on a life event that is likely to take place within the next two years. Changes made in English and Spanish. We also added a statute related to small claims court to our Selected Wisconsin Statutes page.

Based on changes that took effect April 2022, we renumbered 13 statutes on our Selected Kansas Statutes page and changed the citations in our Kansas Know the Laws pages accordingly.

We translated into Spanish the recent revisions to our Wisconsin State Gun Laws page.

In Kansas, we translated into Spanish our recent changes to How do I register my protection order in Kansas? Do I have to do so? and Do I need to tell the court in Kansas if I move? in the Protection for Abuse Orders.

We translated into Spanish our recently expanded question What do I keep in mind when going to court? in our At the Hearing page.

In our Kentucky Custody and Divorce sections, we added updated links to the Kentucky Legal Aid Network for additional information. We also added a statute related to small claims court to our Selected Kentucky Statutes page.

In our South Dakota Local Programs page, we added information about a new program called the Family Crisis Center.

In our Utah Local Programs page, we updated the contact information for three programs in Midvale and Moab counties.

Based on a 12/2021 addition to the law, we updated two questions in our New Jersey State Gun Laws section to add the fact that a person cannot purchase a firearm if s/he is subject to a court order prohibiting the custody, control, ownership, purchase, possession, or receipt of a firearm or ammunition that was issued after being charged with or convicted of a crime directed at or committed against a judicial officer.  Changes made in English and Spanish.

We revised What should I do about my case if I test positive for COVID-19? in our Frequently Asked Questions Involving Courts and COVID-19 section in English. Spanish coming soon.

We added a new question in English and Spanish called What is the National Crime Information Center (NCIC) Registry? Who has access to it? to our Wisconsin Restraining Orders section.

In our Arizona Divorce section, we created a new question called Where can I find additional information about divorce on WomensLaw.org? in English and Spanish. We also added a link to a flow chart of the divorce process to Where can I find additional information about divorce?

We updated our Litigation Abuse page in English and Spanish to include a link to Idaho’s vexatious litigation law. 

We created a new question in our Idaho Custody and Divorce sections called “Is there anything I can do if my abusive partner continually files court cases against me?” We also added a related statute regarding vexatious litigation to our Selected Idaho Statutes page.

We translated the Tennessee Court Forms and State vs. Federal Law pages into Spanish. 

We translated the new Louisiana resource, the Iris Domestic Violence Center, on our Local Programs and Legal Assistance pages. 

Based on 2022 changes to the laws, we updated 8 questions in our Illinois Workplace Protections page in English (Spanish coming soon). Below we list the main legislative amendments along with the related revisions we made:

• Updated What are the legal definitions of domestic, sexual, and gender violence, as well as a “crime of violence”? to include the definition for a “crime of violence” since victims of those crimes are now also eligible for protections in the workplace;
• Updated Who is considered to be a “family or household member” under the law? based on the expanded definition of “household of family member,” which now includes a party to a civil union; grandparent; grandchild; sibling; other person related by civil union; and any other individual whose close association with the employee is the equivalent of a family relationship as determined by the employee.
• Revised How much advance notice do I need to give my employer to take time off from work? And what proof do I need to provide? to explain that a sworn statement is enough proof. Any sort of documentary proof of the violence only has to be provided if the victim happens to have it.
• Added the fact that any requests for accommodations must be kept confidential to Can I ask for “accommodations” at work to keep me safe from domestic, sexual, or gender violence, or a “crime of violence”?

We revised What are the residency requirements to get a divorce in Guam? in our Guam Divorce section to clarify that in the case of a petition based on residency for seven days, the seven days must be immediately before filing the petition.

Based on 2022 changes to the law, we updated three questions in our Illinois State Gun Laws page to reflect that fact that suspension of a Firearm Owner’s Identification Card is now also an option, in addition to revocation and denial. In addition, the law expanded an exception for mental health-related firearm prohibition. The exception now also applies to Department of Corrections employees who are authorized to carry a firearm whereas it used to only apply to active law enforcement officers. Changes made in English and Spanish.

We updated the information for Family Crisis Centers of Northwest Iowa on our Iowa Local Programs page.

We translated into Spanish our New Jersey Child Support and Custody sections. 

We translated into Spanish our Texas housing law questions What steps do I have to take to end (terminate) my lease early? and Who is protected by this housing law? What protections does this law offer?

In our Colorado Custody section, in English and Spanish, we revised If my child was conceived due to a sexual assault, can the offender get parenting responsibilities? to include a scenario where the offender was not convicted of the sexual assault that resulted in the conception of the child. Also, based on 2022 legislative updates, we added the following information in English and Spanish to What is the penalty for violating state or federal firearm laws? in our Colorado State Gun Laws page and What can I do if the abuser violates the protection order? in our Colorado Restraining Orders page:

• We reduced the maximum sentence and fines for class 1 and class 2 misdemeanors;
• We added the fact that if respondent violates a preotection order that was issued due to stalking or between parties in an intimate relationship, it is a class 1 misdemeanor.

We translated the Utah Court Forms page into Spanish. 

We translated into Spanish our Tennessee Protection Orders for Domestic Violence, Sexual Assault, and Stalking page. 

Based on 10/2021 changes to the law, we did the following:

• In our Colorado Domestic Violence Protection Orders page:
  • Updated What protections can I get in a domestic violence protection order? to explain that in order for the judge to order removal of the respondent’s firearms, the judge must now determine, after reviewing the petition, that an act of domestic violence took place and it involved physical force or the threat or attempt to use physical force.
• In our Colorado State Gun Laws page:
  • Added the same information mentioned above to three questions
  • Updated How does an abuser give up his/her guns and ammunition? What happens next? to add the following:
    • The judge must schedule a compliance hearing to make sure that the abuser did, in fact, give up the firearms and can issue a search warrant for the firearms if the judge believes the abuser still has firearms; and
    • The time the abuser has to turn in the firearms does not include legal holidays and weekends.

Changes made in English and Spanish.

We translated into Spanish our Tennessee Workplace Restraining Orders section.

We created a new Safety in School page in our Safety Tips section in English (Spanish soon to come).

We translated into Spanish our recently created Arkansas Child Support section. 

In our Preparing for Court - By Yourself section, we revised How do I know if I can appeal my case? to more thoroughly explain the concept of preserving the record for appeal. Changes made in English and Spanish.

Based on 7/2021 changes to the law, we updated Can a parent who committed violence get custody (parental responsibility) or visitation (time-sharing)? in our Florida Custody page to add that there is a rebuttable presumption against giving custody or visitation to a parent who has been convicted of, or had adjudication withheld for, various crimes related to sexual misconduct or kidnapping of a victim who was under 18 or who appeared to be under 18. Changes made in Spanish and English. We also added two custody-related statutes to our Selected Florida Statutes page. 

Based on 6/2021 changes to the law, we revised four questions in our North Carolina Restraining Orders section to delete the option for ex parte hearings to be held via video conference. Based on 8/2021 changes to the law, we revised What are the reasons I can get an annulment? in our North Carolina Divorce section to remove the exception that disallowed an annulment between minors if one minor was a female and she was pregnant or a child was born to the parties.

We translated into Spanish the following Wisconsin pages: Crimes, Housing Laws and Suing an Abuser for Damages.

We translated into Spanish our Connecticut Restraining Orders page called Civil Protection Orders (for Sexual Abuse, Sexual Assault, or Stalking).

We translated into Spanish our question What steps do I need to take during the trial to set myself up for possibly being able to appeal if I lose? in our At the Hearing section. We also translated appeals-related information to What do I keep in mind when going to court? and Why would I want to object to evidence?

In our Wisconsin State Gun Laws section, we revised I have a restraining order against the abuser. Can s/he keep a gun or buy a new gun? to add that if a judge grants a final domestic abuse injunction, the judge must order the abuser to hand over any firearms in his/her possession to the authorities and forbid him/her from buying firearms, unless the abuser is a peace officer and is required to possess a gun as a condition of his/her job.

In our Ohio SSOOPO section, we revised Who can get a stalking or sexually oriented offense protection order? Where is the petition filed? and Can I get a protection order if I’m a minor? What if the abuser is a minor? to make it clear that a minor cannot file for an SSOOPO against another minor but they can file for a JCPO, which offers similar protections. Changes made in English and Spanish. We also added a related statute to our Selected Ohio Statutes page in English.

We translated into Spanish the new D.C. Anti-Stalking Orders section.

We translated into Spanish the recently updated and added questions on our D.C. Civil Protection Orders page. 

Based on an Email Hotline inquiry, we added “unlawful imprisonment” to our Michigan Crimes page in English and Spanish and to our Selected Michigan Statutes page in English.

We translated into Spanish the updated information on our California Workplace Protections section.

In Connecticut, we translated into Spanish the revisions to the following questions:

• What is the legal definition of domestic violence in Connecticut?; and
• Step 4: Full court hearing. 

In Arizona, we translated into Spanish the recently revised questions: 

• What is the legal definition of harassment? in our Injunctions Against Harassment section; and
• What is the legal definition of domestic violence in Arizona? in our Domestic Violence Orders of Protection section.

We also translated into Spanish the new question Can I file an injunction against a minor? in our Injunctions Against Harassment section.

In our North Carolina Custody section, we added a new question entitled Can a grandparent get visitation rights? in English and Spanish. 

Based on 2021 changes to the law, we did the following:

• In our Montana Custody section:
  • Updated How can I change a final custody order? What effect could a criminal conviction have? to explain that a judge must look at how a proposed change will affect the child and must consider the potential impact of the change on the best interest factors.
  • Added information to Can a parent who committed violence get custody or visitation? about how if a custody order is already in place, and the other parent or anyone living with that parent gets convicted of certain violent crimes, you can file an “objection” to the parenting plan to change it.
  • Created a new question called If a parent wants to relocate with the child, what factors will a judge consider? to explain the new factors in the law that a judge must consider. We also created a new question called What steps do I have to take if I want to relocate with my child? and added a related statute to our Selected Montana Statutes page.
• In our Montana Restraining Order section:
  • We added information to Who can file for an order of protection? to explain that if an adult has a guardian, conservator, or agent appointed by the court due to being incapacitated or protected, s/he can file on the adult victim’s behalf.
• In our Montana State Gun Laws section:
  • Added information in English and Spanish to If the abuser has been convicted of a crime, can s/he keep or buy a gun? and I am a victim of domestic violence and the abuser has a gun. Is that legal? about how a conviction for a felony that requires registration with the sexual or violent offender registry prohibits the person from having a firearm. In the same questions, we also better explained how a felony for which someone receives an additional sentence for use of a dangerous weapon disqualifies them by adding the related statute to our Selected Montana Statutes page and hyperlinking to the statute.  

We reworked the Mississippi Custody section, reviewing the existing five questions and adding 10 new questions. We also added 13 statutes to our Selected Mississippi Statutes where users can find the information included in these new questions. Among other questions, we added:

• How is paternity established? 
• What are the usual steps when filing for custody?
• Can the parental rights of the abuser be terminated?
• What protections can the visitation order include for domestic violence victims?

We reworked the Michigan Custody section, reviewing the existing four questions and adding 15 new questions. We also added nine statutes to our Selected Michigan Statutes where users can find the information included in these new questions. Among other questions, we added:

• What are the usual steps when filing for custody?
• How will a judge make a decision about parenting time?
• Can a parent who committed violence get custody or visitation?
• Can a parent who was convicted of sexual assault get custody or parenting time?

We created a New Mexico Child Support section. We also added three new statutes to our Selected New Mexico Statutes where users can find the information included in these new questions:

• Who can get child support?
• How will the judge calculate child support?
• If I have joint custody, will either parent have to pay child support?
• How long does child support last?
• What can I do if the other parent is not paying the court-ordered child support?

We reviewed and reorganized 17 questions in the New Jersey Custody section to make it easier for users to find the information they need. We also rewrote four questions and created another four questions for this section:

• What custody options are there?
• Can a parent who was convicted of sexual assault or a similar crime get custody or visitation?
• What are the steps for filing for custody?
• Do I have to go to mediation even if I am a domestic violence victim?

On our Wyoming Crimes page, we updated the links to the state’s Victim Services Division and the Crime Victims Compensation information.

We added the question What are the usual steps when filing for custody? to expand our New Hampshire Custody section.

We updated 11 questions and added the following three new questions in our U.S. Virgin Islands Custody section:

• What are the usual steps when filing for custody?​
• If my child was conceived by rape, can the offender get custody?​
• Under what circumstances can an abuser’s parental rights be terminated?

We also added a six new statutes related to termination of parental rights and child abuse to our Selected U.S. Virgin Islands Statutes page and the crimes of child abuse, child neglect, and aggravated child abuse and neglect to our U.S. Virgin Islands Crimes page.

In our Alabama Custody section, we created the questions Can a judge terminate the abuser’s parental rights if the abuser is convicted of a sex crime? and Aside from a conviction for a sex crime, are there other circumstances when parental rights can be terminated?, and we updated the question What are the steps for filing for custody?.

Due to 2021 changes to the law, we did the following in English and Spanish in our Texas Restraining Orders section:

• In our Family Violence Protective Orders section, we:
  • updated Step 5: The hearing for a permanent protective order to include that proof of service must be filed before a default judgement can be issued;
  • added information about separating out a victim’s cell phone number and their child’s from the abuser’s cell phone plan in What protections can I get in a protective order?
• In our Protective Orders for Victims of Sexual Assault, Sexual Abuse, Indecent Assault, Stalking, or Trafficking section, we:
  • changed the name of “continuous abuse of a young child or children” to “continuous abuse of a young child or disabled individual”;
  • updated the definition of sexual assault in What is the definition of sexual assault? to include when the perpetrator is a caregiver hired to assist the victim with activities of daily life, a coach, or a tutor and causes the victim to submit or participate by using his/her power or influence to exploit the victim’s dependency on the perpetrator;
  • in What types of protective orders are available? How long do they last?, added the fact that a criminal conviction for any of the acts that could qualify someone for an order is enough of a reason for the judge to grant the victim the order; 
  • in How do I cancel the protective order once it is issued?, added the fact that any person who filed for the order can file to rescind it except that a parent or guardian cannot file an application to rescind the protective order if s/he is the respondent on the protective order;

We also added two new statutes regarding separating a wireless phone plan and regarding solicitation of prostitution to our Selected Texas Statutes page.

Based on a change that took effect 1/1/21, we changed the small claims court limit to $6,500 on our Michigan Suing an Abuser for Money page in English and Spanish. We also added the related statute to our Selected Michigan Statutes page.

In our Florida Injunctions for Protection Against Domestic Violence page, we added a question called If the abuser lives in a different state, can I still get an order against him/her? in English and Spanish.

In our Oklahoma Custody section, we did the following:

• Created a new question called If my child was conceived from rape, can the offender’s rights be terminated? 
• Added information about being able to file a termination petition based on a conviction for rape and other specific crimes to Can an abusive parent get visitation or custody? What if s/he is a sex offender or an addict? All changes made in English; Spanish soon to come.

We also did the following in English and Spanish.:

• Added the crimes of “rape by instrumentation,” “forcible sodomy,” and “violation of a child custody order” to the Oklahoma Crimes page in English and Spanish.
• Based on 2021 changes to the law, we updated Am I eligible to file for a protective order? in our Oklahoma Restraining Orders section to clarify that a family or household member now includes anyone related by blood or marriage even if they are not living in the same household.
• In our Oklahoma Child Support section, we revised How is the amount of child support decided? to clarify that if someone is receiving TANF and the government initiates a child support proceeding, the recipient will have to cooperate in the process.
• Updated our Oklahoma Suing an Abuser for Money page to change the limit from $7,500 to $10,000. This was changed in the law in 2017. We regret the error in not updating this sooner.

Lastly, we added two custody-related statutes and one small-claims court statute to our Selected Oklahoma Statutes page.