Monday, May 10, 2010

What happens if 2 parents have a restraining order in effect for domestic violence/verbal abuse?

If there is a restraining order in effect due to the father threatening the mother to steal the child,verbal abuse etc,Given that the toddler lives with the mother ,what type of visitations would the father get granted by a judgeWhat happens if 2 parents have a restraining order in effect for domestic violence/verbal abuse?
He will most likely get supervised visitation, which means he will not be allowed to be alone with the children and may even have to visit them in a state building for a limited amount of time, until he can prove he is not a threat to the child.What happens if 2 parents have a restraining order in effect for domestic violence/verbal abuse?
Domestic cases are always difficult and the court has a duty of care to the child.





The child has the right to both parents. Not the parents rights for having the child.





It is quite normal in heated arguments for there to be abuse and threats between two adults. Sadly.





There are so many issues a judge has to take into consideration and no two cases are alike.





No one can give you an answer based on what you have stated here.





The father could be given joint custody or it may be just accompanied visits only.
omestic violence (also known as domestic abuse, spousal abuse, or intimate partner violence) occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate another. Domestic violence often refers to violence between spouses, or spousal abuse but can also include cohabitants and non-married intimate partners. Domestic violence occurs in all cultures; people of all races, ethnicities, religions, sexes and classes can be perpetrators of domestic violence. Domestic violence is perpetrated by both men and women.





Domestic violence has many forms, including physical violence, sexual abuse, emotional abuse, intimidation, economic deprivation, and threats of violence. Violence can be criminal and includes physical assault (hitting, pushing, shoving, etc.), sexual abuse (unwanted or forced sexual activity), and stalking. Although emotional, psychological and financial abuse are not criminal behaviors in some legal systems, they are forms of abuse and can lead to criminal violence. There are a number of dimensions including:





* Mode: physical, psychological, sexual and/or social.


* Frequency: on/off, occasional and chronic.


* Severity: in terms of both psychological or physical harm and the need for treatment.


* Transitory or permanent injury: mild, moderate, severe and up to homicide.





An important component of domestic violence, often ignored is the realm of passive abuse, leading to violence.[1] Passive abuse is covert, subtle and veiled. This includes victimization, procrastination, forgetfulness, ambiguity, neglect, spiritual and intellectual abuse.[2]





Recent attention to domestic violence began in the women's movement, particularly feminism and women's rights, in the 1970s, as concern about wives being beaten by their husbands gained attention. Awareness and documentation of domestic violence differs from country to country. Estimates are that only about a third of cases of domestic violence are actually reported in the United States and the United Kingdom. According to the Centers for Disease Control, domestic violence is a serious, preventable public health problem affecting more than 32 million Americans, or more than 10% of the U.S. population.[3]





Popular emphasis has tended to be on women as the victims of domestic violence. However, with the rise of the men's movement, and particularly masculism and men's rights, there is now advocacy for men victimized by women. In a special report on violence related injuries by the US Department of justice (in August 1997) hospital emergency room visits pertaining to domestic violence indicated that physically abused men represent just under one-sixth of the total patients admitted to hospital reporting domestic violence as the cause of their injuries (see table 7 of this report). The report highlights that significantly more men than women did not disclose the identity of their attacker.

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