presumed abuse

• Burnett v. LaGrange Twp. Bd. of Zoning Appeals, (Ohio 2007)

administrative appeal – R.C. 2506.04 – abuse of discretion – presumed validity

• Ohio Supreme Court

• Committee Approves Abuse Definition Bill

A person taking care of a child would no longer be presumed responsible for any abuse the child suffers, under a bill that passed a Senate committee Tuesday. Rep. LaVar Christensen, R-Sandy, the sponsor of HB89, told members of the Senate Judiciary, Law Enforcement and Criminal Justice Committee that a section of Utah law violates an accused person's constitutional right to be considered innocent until proven guilty. The section states that when a child suffers abuse, the person in sole care of the child has a "presumption of responsibility.

• Deseret News (Salt Lake City)
• February 16, 2005

• Kreitzer v. Anderson, (Ohio 2004)

Civ.R. 8(2): statement of relief sought by complaint-R.C. 3111.13(F)(3)(a): statute of limitations for retroactive child support-Civ.R. 8(C): affirmative defenses must be listed in responsive pleading-doctrine of laches when determining retroactive child support award-must show material prejudice-R.C. 3119.05(A): verification of parents' income for child support calculation-R.C. 3119.05(J): must use schedule, worksheets, laws in effect at the time, and parents' income for relevant time frame in determining amount of child support-abuse of discretion-R.C. 3111.07(A): men presumed to be father must be made a party to paternity action-person instituting action shall not make a man a party who is known cannot be the natural father-R.C. 3111.03(A)(1): spouse of mother is presumed to be natu...

• Ohio Supreme Court

• 08 Habbo Fokkena v. Geoff Draisey, (8th Cir. 2008)

... to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pu... that the debtors' case should be presumed to be an abuse under § 707(b)(2) or that the debt...

• Federal Circuits

• Warren v. Rebhan, (Ohio 2011)

PROBATE - estate taxes; intangible personal property; R.C. 5731.51; two separate residences; same county; declaratory judgment action; domicile; presumed to continue; acquisition of new domicile; pre-eminent headquarters; true, fixed, permanent home; no present intent to move; factum; residence; abandonment; no abuse of discretion.

• Ohio Supreme Court

• UK Securities Law Update - Q1, 2011.

... discipline, including enforcement of market abuse. It will also be the body that represents the UK's..."in possession of" inside information are presumed to have "used" that information when dealing in in...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• An Examination of Sheltered Battered Women's Perpetration of Stalking and Other Unwanted Pursuit Behaviors

In the current study, sheltered battered women (n = 105) self-reported whether they had perpetrated stalking or other unwanted pursuit behaviors (e.g., harassment, threat) during relationship separations from their abuser. Results indicated that sheltered battered women who admitted perpetrating stalking behavior (about 25% of the sample) had more self-blame, depression, and a greater tendency to leave the shelter within the first week (45%) than did battered women who did not report perpetrating stalking behaviors. The majority of battered women who reported perpetrating stalking behavior also reported being victimized by stalking behaviors (bidirectional stalking). Although these women reported similarly high levels of fear toward their abuser as did unidirectionally stalked women, bi...

... for his abuse while challenging his presumed need for domination and control (Pence & Paymar, 1...

• Violence and Victims
• Vol. 21 Nbr. 5, October 2006

• Siegel v. Lifecenter Organ Donor Network, (Ohio 2011)

CONSTITUTIONAL LAW/CIVIL - PROCEDURE/RULES - TORT MISCELLANEOUS – WITNESSES: The trial court erred in granting summary judgment to defendants LifeCenter Organ Donor Network and its employee on the plaintiff parents’ state-law claims alleging the wrongful removal of plaintiffs’ deceased sixteen-year-old daughter’s eyes because there was a genuine issue of material fact as to whether the defendants had acted in “good faith” under former R.C. 2108.08. The trial court did not err in granting summary judgment on plaintiffs’ civil rights claims brought under Section 1983, Title 42, U.S. Code, where there was no evidence that defendants were acting under color of state law. All statutes are presumed to be constitutional; a party challenging the constitutionality of a statue bears th...

..., we hold that the trial court did not abuse its  discretion in granting the Eye Bank’s ...

• Ohio Supreme Court

• Plea Bargaining with Pedophiles

Unfortunately, the writer did not have all the relevant facts. Crimes involving the sexual assault of children are beyond reprehensible and we take them very seriously. I have increased the number of prosecutors who primarily handle these cases and rehired a veteran child-abuse prosecutor.

... we must consider, and defendants are presumed innocent. Thus, the provability of a case will alw...

• Intelligencer Journal Lancaster New Era - Saturday Edition
• March 07, 2011

• House Oks Bill to Clarify Child-Abuse Protections

House members Thursday passed a bill that repeals language saying that the person with control of a child is presumed to be responsible should that child suffer abuse. In sometimes emotional debate, HB89 passed 47-25 and goes to the Senate. Sponsor Rep. LaVar Christensen, R-Sandy, had a similar bill a year ago that passed the Legislature but was vetoed by the governor.

• Deseret News (Salt Lake City)
• February 11, 2005