What’s New on WomensLaw.org

Based on 2021 legislative changes, we amended I am a victim of domestic violence and the abuser has a gun. Is this legal? and If the abuser has been convicted of a crime, can s/he keep or buy a gun? in our Kansas State Gun Laws section to add convictions for “non-person felonies” as a reason that would make gun possession illegal. We also added the new timeframes after felony sentencing during which gun possession is illegal. In addition, we added a statute related to small claims court to our Selected Kansas Statutes page.

In our Illinois Divorce section, we created a new question called If I don’t have money to hire a lawyer, can the judge order my spouse to pay my attorney’s fees? We also added information to Can I get alimony? What factors will a judge consider? about how a judge will decide whether to issue temporary maintenance. All changes made in English; Spanish coming soon. 

In our Tennessee Divorce section, we rewrote What are the residency requirements for divorce in Tennessee? to better explain the residency requirements and to clarify that the standard for military members to establish residency also applies to their spouses as well. In our Tennessee Custody section, we revised If a parent with custody rights has moved away due to military deployment, can the custody order be modified? to clarify that there are two ways that an order can be modified, by agreement of the parents or by an order issued by the judge.

In our Hawaii Suing an Abuser for Money page, we added the fact that or if you are filing against a landlord for the return of a residential security deposit, there is no monetary limit. We also added two related statutes to our Selected Hawaii Statutes page. In addition, based on 2022 legislative changes, we revised What are the residency requirements to file for divorce in Hawaii? in our Hawaii Divorce page to remove the requirement that litigants must live in Hawaii for six months before getting a final divorce decree.

We added information in English and Spanish about a new program called the Beacon of Hope Crisis Center to our Indiana Local Programs page. 

We updated the contact information for two programs on our Abuse Victims Charged with Crimes page.

We translated into Spanish the edits to our Oklahoma custody questions Can an abusive parent get visitation or custody? What if s/he is a sex offender or an addict? and If my child was conceived from rape, can the offender’s rights be terminated?

We translated into Spanish the Utah questions Can a sexual violence protective order be extended? and Can a dating violence protective order be extended?

We translated into Spanish the newly edited and added questions in the New Mexico Custody and Child Support sections. 

In our Georgia Family Violence Protective Orders page, we revised What types of family violence protective order are available? How long do they last? to clarify that a petitioner could file a motion to ask the judge to extend the temporary order to 3 years or to make it permanent. Changes made in English and Spanish.

We translated into Spanish our Tennessee Orders of Protection for Elderly or Vulnerable Adults section.

Based on a 10/2021 update to the law, which states that cyberstalking can come from communication that is direct or indirect and that the communication can pertain to a person instead of being directed at a person, we revised What is the legal definition of stalking in Florida? in our Florida Injunctions for Protection Against Stalking/Cyberstalking page. Changes made in English and Spanish. 

In our Georgia Crimes page, we added the crimes of simple assault, simple battery, criminal trespass, and criminal damage to property in the first and second degrees in English and Spanish. We also added two related statutes to our Selected Georgia Statutes page in English. In addition, in What is the legal definition in Georgia of family violence? in our Georgia Restraining Orders section, we hyperlinked all of the criminal grounds to their statutory definitions to make it easier to understand (in English and Spanish).

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. 

Based on 2021 changes to Utah law, we did the following in English and Spanish:

1. Updated Can a judge change or end my alimony order? in our Utah Divorce section to reflect the new standard of proving a “substantial material change in circumstances” that were not specifically addressed in the divorce decree nor in the judge’s “findings” (determinations) that were entered into the court record at the time of the divorce decree.
2. Added the newly-enacted crimes of “unlawful distribution of a counterfeit intimate image” and “online impersonation” to our Utah Crimes page and our Selected Utah Statutes.
3. Changed four questions in our Utah Restraining Orders section to reflect the change of the length of temporary orders from 20 to 21 days.
4. Updated What types of protective orders are there? How long do they last? to explain that the“civil provisions” in a cohabitant abuse protective order could expire within 150 days unless the judge believes there is “good cause” to extend the expiration date of the civil provisions.
5. Added information to Can I modify the order? and Can the order be dismissed? about being able to modify the civil provisions of a cohabitant abuse protective order in a divorce, parentage, custody, or guardianship proceeding that is pending between the parties under certain circumstances. 

Lastly, based on a change that became effective July 2020, we updated What types of sexual violence protective orders are there? How long do they last? in English and Spanish to reflect that final orders last three years, not one year. We regret the delay in making this update.

In our Maryland Divorce section, we updated links to outside resources in English and Spanish in Where can I find additional information about divorce laws in Maryland?

We added 29 statutes related to custody and child support to the Selected Guam Statutes page.

In our Delaware Custody section, we re-wrote Can a parent who committed violence get sole or joint custody? to better explain the ”rebuttable presumption” against awarding custody or primary residence to a perpetrator of domestic violence. We also defined “perpetrator of domestic violence” according to its legal definition and listed (and hyperlinked) the crimes for which a person must be convicted to be considered a perpetrator. We also created a new question called During a custody proceeding, if a parent wants to relocate with the child, what factors will the judge consider? based on a new law that became effective in September 2021 and the related statute to the Selected Delaware Statutes page. 

In addition, we added the crimes of “child abuse” in the 1^st, 2^nd, and 3^rd degrees as well as “reckless burning or exploding” to our Delaware Crimes page and our Selected Delaware Statutes page.

Based on a change to the law that took effect in November 2020, we added the new crime of ”sexual abuse by a school employee” to What is the legal definition of a sexual assault offense? in our Nebraska Sexual Assault Protection Orders page. We also clarified the different degrees of the other crimes that make up a “sexual assault offense” and hyperlinked each crime to the statutory definition. Lastly, we added three related crimes to our Selected Nebraska Statutes page.

We rearranged our Puerto Rico Custody section to better organize the information included in that section. We also added the questions: 

• What happens when joint custody is issued but one parent refuses to work together with the other parent?
• What are some pros and cons of starting a custody case?

All changes were made in English and Spanish.

We updated seven statutes in the Selected Puerto Rico Statutes page. We also updated six links throughout the Puerto Rico Know the Laws sections and added four new links to the Download Court Forms page. These can link victims/survivors to forms needed to file for a protection order for sexual assault or stalking. 

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

• Updated our Connecticut Relief from Abuse Orders section to do the following in English (Spanish coming soon):
  • Add coercive control as a reason that a protection order can be granted in What is the legal definition of domestic violence in Connecticut? 
  • Added information to Step 4: Full court hearing about the right to attend a hearing virtually with two days’ written notice to the court. 
• Updated our Connecticut Custody section as follows:
  • Added the fact that judges will consider the child’s emotional and physical safety to the law to How will a judge make a decision about custody? in English and Spanish.
  • Created a new question called What can I do if the other party files multiple pleadings or motions against me as a way to harass me? based on a new law effective 10/1/21.

Lastly, we added two related statutes to our Selected Connecticut Statutes section.

We turned our summary of South Dakota Vulnerable Adult Protection Orders into an expanded section with the following 7 questions: 

• What is the legal definition of vulnerable adult abuse?
• Who is considered to be a “vulnerable adult” and who can file a petition for an order?
• What types of orders are there and how long do they last?
• What protections can I get in a vulnerable adult protection order?
• In which county do I file a petition?
• Can my order be changed or extended?
• What happens if the abuser violates the order?

Based on the recent approval of Puerto Rico Law 21-2021 against Revenge Porn, we added the publication of intimate pictures as one of the reasons to seek damages when Suing an Abuser. We also reviewed and updated one of the links to the new Judicial Power website. All changes in English and Spanish. 

Based on a 2021 addition to the law, we added information about the exceptions for when carrying a handgun or firearm is not illegal to What is the penalty for violating state firearm laws? in our Tennessee State Gun Laws section.  We also added information about the penalties for carrying a firearm when someone has been convicted of stalking or driving under the influence or has been committed to a mental institution. Changes made in English and Spanish.

Based on a new law that became effective in 2021 creating lifetime orders of protection that last until death of one of the parties, we revised What types of protection orders are there? How long do they last? and How much does it cost? Do I need a lawyer? in our Tennessee Protection Orders for Domestic Violence, Sexual Assault, and Stalking section. We also added a link to the lifetime protection order to our Tennessee Download Court Forms page.

Also, based on 2021 changes to the law in our Tennessee Orders of Protection for Elderly or Vulnerable Adults page, we updated What is the legal definition of sexual exploitation? to account for the fact that sexual exploitation now also includes an act that was committed for the purpose of dissemination to others, knowing it would offend or embarrass a reasonable person. Also, one of the acts was changed from “fondling” to “sexual contact” as defined by the law. We also updated What is the legal definition of financial exploitation? to account for the fact that the law now recognizes that financial exploitation can be committed by a caregiver’s accomplice, not just the caregiver. And we added the expanded definition of “physical harm” to What is the legal definition of abuse and aggravated abuse?

We added two related statutes to our Selected Tennessee Statutes page

Based on a new laws that took effect in 2021, we did the following in English (Spanish soon to come) :

• Created a new question in our Georgia Family Violence Protective Orders section called After I get an order, what steps will law enforcement take to help ensure my safety? based on the law that lets a petitioner request police “security checks.” We also added the related statute to our Selected Georgia Statutes page.
• Created a section called Georgia Dating Violence Protective Orders that summarizes the creation of this new order and links users to the five related statutes that we added to our Selected Georgia Statutes page. We invite users to check back in 2022 to see the full Q & A section that we will soon create. 

Based on an Email Hotline inquiry, we created a question called Can I file an injunction against a minor? in our Arizona Injunctions Against Harassment section in English. (Spanish coming soon.)

Based on a 2021 change to the law, we added the fact that a Canadian order of protection can be enforced in Minnesota to Can I get my protection order enforced in Minnesota? What are the requirements? in our Minnesota Restraining Orders section.

Based on 2021 new laws, we created a new question called Is there anything I can do if my abusive partner continually files court proceedings against me? in our Washington Custody and Divorce sections in English and Spanish. We also added six new related statutes to our Selected Washington Statutes page.  

We translated into Spanish our recently reviewed U Visa for Crime Victims section.

Based on 2021 updates to the laws, we revised our Rhode Island Suing an Abuser for Money page to increase the limit for lawsuits from $2,500 to $5,000. In addition, in Am I eligible? Do I file in family court or district court? in our Rhode Island Domestic Violence Restraining Orders page, we added the new category of persons who can file for a restraining order in family court (adult plaintiffs with minor children). We also updated four links to resources on our Rhode Island Custody page.

Based on an Email Hotline inquiry, we added the crime of criminal violation of a protective order to our Connecticut Crimes page in English and Spanish and to our Selected Colorado Statutes page in English. We also revised What can I do if the abuser violates the order? in English and Spanish in our Connecticut Restraining Orders section to reference the crime and to link to it.

We translated into Spanish our Wisconsin Custody page.

We translated into Spanish the Wisconsin information on Individual at Risk Restraining Order, Moving to Another State with a Restraining Order and Enforcing an Out-of-State Order in Wisconsin. 

In our Illinois Housing Laws section, we revised Who is protected by these housing laws? by hyperlinking all of the crimes that could qualify someone for protection to their legal definitions on our Selected Illinois Statutes page. Changes were made in English and Spanish.

We translated into Spanish our Wisconsin Harassment Restraining Orders page.

We translated into Spanish our Wisconsin Child Abuse Restraining Orders page.

We added 2 new resources to our International section on the National Organizations page. These listings by the NAASCA provide resources available in Central and South America for victims of different kinds of violence.

We translated into Spanish our Wisconsin Child Support page.

We added the crime of aggravated battery to the Illinois Crimes page in English and Spanish and to the Selected Illinois Statutes page in English.

We translated into Spanish our changes in the Oregon Sexual Abuse Protection Orders page.