Family Law
Identify a minimum of five reasons why victims stay in abusive relationships
• Fear of revenge against themselves and their children
• Guilt and self-blame when the perpetrator persuades the victim the abuse is their fault
• Chronic depression and tiredness to the extent of not being able to make decisions or main life changes
• Reduced self-esteem and feelings of failure as a person/spouse
• Religious and cultural beliefs regarding marriage permanence
Distinguish among restraining, no-contact, and stay away orders
A restraining order is a court order that is mostly issued in cases involving domestic violence, restricting the person from intimidating and/or harassing another individual/s. No-contact order denotes to a court order that forbids a person from having contact of any type with an individual he/she has harassed and/or abused in some way (Wilson, 2016). Stay away order is a court order that requires an individual to keep away from another individual wherever he/she may be.
Describe the basic procedure for obtaining a protective order, including who can commonly seek one and the kinds of relief that can be sought
i. Filing of a Complaint or Petition for a Protective Order asking for an array of forms of relief by the plaintiff, describing the nature of abuse that has prompted the filing
ii. Filing of the Complaint in a court that has jurisdiction over such issues
iii. At the request of the petitioner, the court usually considers the Complaint initially without notice to the defendant
iv. Issuance of a temporary order if the court affirms there is a reason to believe that the plaintiff has been abused or harassed. At this juncture, the degree of relief given may be restricted to stay away, restraining, or no-contact orders (Wilson, 2016)
v. The Complaint is served to the defendant
vi. A second hearing is held within 10 days (statutorily prescribed period), at which the defendant and the plaintiff are given a chance to be heard, and the court makes the decision of whether to lengthen, adjust, or vacate the first order.
The types of relief that can be sought include:
• Stay away from the home, school, work etc of the plaintiff or wherever he/she may be
• Avoid having contact with the plaintiff by whatever means, encompassing text messaging, telephone, e-mail, and US mail
• Desist from injuring, abusing or threatening the plaintiff either directly or indirectly
Individuals who can seek protective orders include:
• Those who were or are married to each others
• Those that have a child together or a child in utero
• Are related by marriage or blood
• Have been in a considerable dating relationship or have cohabited
Identify the four most common forms of child neglect
• Physical abuse
• Sexual abuse
• Neglect
• Emotional abuse
Identify at least five conditions on visitation that may be appropriate in cases involving a history of child abuse and neglect.
• The perpetrator parent has taken part in and successfully completed a batterer’s program or some other extended treatment option that tackles battering, anger, and control issues in depth
• The abusive parent will not use drugs or alcohol during a certain time period before a visit
• A neutral location like a resource centre, social services agency or police centre has been designated for the drop-off and pick up of the children for visitation (Wilson, 2016)
• Information of any information that reveals the phone numbers and address of the mother and children has been impounded
• A suitable recourse of addressing related disputes has been identified
In general, do you think that New York courts are currently making appropriate use of restraining, no-contact, and stay away orders in cases of alleged domestic violence? Please state why or why not.
In my opinion, the New York courts are presently making appropriate utilization of restraining, no-contact, and stay away orders in cases of alleged domestic violence. This is because there are a significant number of individuals that have been prosecuted for violating these orders, an indication that the courts take them seriously.
Do you believe that when properly applied restraining, no-contact, and stay away orders are effective? What other remedies might courts use effectively in domestic violence cases?
Yes, I do believe that when properly applied restraining, no-contact, and stay away orders are effective. Other remedies that the court might use include referring abusers to batterers’ programs, and incarceration of perpetrators.
Reference
Wilson, M. E. (2016). Family Law for the Paralegal: Concepts and Applications. Prentice
Hall.
