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Courts frequently issue restraining orders preventing a specified person (usually a current or former spouse) from being within a designated distance of a person in need of protection. But is this constitutional when the restraining order prohibits a person from worshipping at his own church? A Louisiana trial court thought so. Especially since the man displayed a greater propensity to stalking versus sanctification. Chances are members of your congregation have restraining orders against them or have filed for one as a means of protecting themselves from someone dangerous in their life. Check out our featured article to learn more about the extent to which a restraining order can be used. You never know when you might be faced with a similar issue at your church. You'll find more helpful updates in the following sections of this month's newsletter, too:
 Marian V. Liautaud Editor, Your Church Resources churchlawandtaxupdate@yourchurch.net advertisement
 Can the court keep a man from going to church?A Louisiana court ruled that a restraining order prohibiting a husband from going within 100 yards of his wife's residence did not violate the husband's constitutional right to attend his church that was located within 100 yards of his wife's residence. Read more.
Brief summaries of the most recent legal updates that affect churches. A New York court ruled that a church was not liable for the molestation of a young girl by a church's youth pastor that occurred after his employment was terminated and in his own home. See "Sexual misconduct by clergy, lay employees, and volunteers" from September/October 2007,Church Law & Tax Report, page 27. An Oregon court ruled that a county did not violate RLUIPA by denying a church permission to construct a parochial school on its premises. See "Zoning" from September/October 2007,Church Law & Tax Report, page 29. Read the full articles by subscribing to Church Law & Tax Report today! advertisement
Deadlines you should know about! October 15
 Tax Preparation HelpPrepare your church's 2007 tax return with ease and confidence with the 2008 Church & Clergy Tax Guide. This comprehensive reference will answer all your tax law questions and also keep you on track throughout the year so you don't miss a single tax deadline. Pre-order your copy today for a January 2008 shipment for only $29.95.
 Richard Hammar is an attorney, CPA, and best-selling author specializing in legal and tax issues for churches and clergy. A graduate of Harvard Law School, he is the author of more than 100 books, including Pastor, Church, & Law and the annual Church and Clergy Tax Guide. He also writes the Church Law & Tax Report and has contributed to numerous journals and publications.Can I keep a secret? Q:What is the difference between "privileged" communications and "confidential" communications? A:The concepts of privilege and confidentiality are often confused. The "clergy-penitent privilege" is a rule of evidence that protects clergy from having to testify in judicial proceedings about communications made to them in confidence while acting in their professional capacity as spiritual advisors. The important point to note is that privileges pertain to testimony in judicial proceedings, including courtroom testimony and depositions. Read more.  A Legal Encyclopedia at Your FingertipsFind more details on privileged communications, confidential communications, and clergy-penitent privilege in Pastor, Church, & Law. Now you can have this often-considered "encyclopedia of legal information for churches" right at your fingertips with the complete reference book on CD. Only $49.95.
 Responding to Allegations of Sexual Misconduct Involving MinorsA mother informs two members of her church board that her nine-year-old son was sexually molested by a volunteer youth worker on an overnight activity at the church. The alleged molester is a respected member of the congregation, and a close personal friend of one of the board members. The board members listen politely to the mother, but later determine that the accusation is unbelievable and do not pursue if further. First, circle the correct answer for each of the following questions.
 Prevent Child Sexual Abuse in Your ChurchDiscover important ways you can protect the children in your church from child sexual abuse with Reducing the Risk II Kit. Order today for only $49.95. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the online publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Church Law & Tax Update Delivered free via e-mail to subscribers twice a month. We encourage you to distribute this newsletter freely and ask only that you not change its contents.
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