Family Law<\/p>\n
Identify a minimum of five reasons why victims stay in abusive relationships
\n\u2022\tFear of revenge against themselves and their children
\n\u2022\tGuilt and self-blame when the perpetrator persuades the victim the abuse is their fault
\n\u2022\tChronic depression and tiredness to the extent of not being able to make decisions or main life changes
\n\u2022\tReduced self-esteem and feelings of failure as a person\/spouse
\n\u2022\tReligious and cultural beliefs regarding marriage permanence
\nDistinguish among restraining, no-contact, and stay away orders
\nA 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.
\nDescribe the basic procedure for obtaining a protective order, including who can commonly seek one and the kinds of relief that can be sought
\ni.\tFiling 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
\nii.\tFiling of the Complaint in a court that has jurisdiction over such issues
\niii.\tAt the request of the petitioner, the court usually considers the Complaint initially without notice to the defendant
\niv.\tIssuance 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)
\nv.\tThe Complaint is served to the defendant
\nvi.\tA 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.
\nThe types of relief that can be sought include:
\n\u2022\tStay away from the home, school, work etc of the plaintiff or wherever he\/she may be
\n\u2022\tAvoid having contact with the plaintiff by whatever means, encompassing text messaging, telephone, e-mail, and US mail
\n\u2022\tDesist from injuring, abusing or threatening the plaintiff either directly or indirectly
\nIndividuals who can seek protective orders include:
\n\u2022\tThose who were or are married to each others
\n\u2022\tThose that have a child together or a child in utero
\n\u2022\tAre related by marriage or blood
\n\u2022\tHave been in a considerable dating relationship or have cohabited
\nIdentify the four most common forms of child neglect
\n\u2022\tPhysical abuse
\n\u2022\tSexual abuse
\n\u2022\tNeglect
\n\u2022\tEmotional abuse
\nIdentify at least five conditions on visitation that may be appropriate in cases involving a history of child abuse and neglect.
\n\u2022\tThe perpetrator parent has taken part in and successfully completed a batterer\u2019s program or some other extended treatment option that tackles battering, anger, and control issues in depth
\n\u2022\tThe abusive parent will not use drugs or alcohol during a certain time period before a visit
\n\u2022\tA 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)
\n\u2022\tInformation of any information that reveals the phone numbers and address of the mother and children has been impounded
\n\u2022\tA suitable recourse of addressing related disputes has been identified
\nIn 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.
\nIn 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.
\nDo 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?
\nYes, 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\u2019 programs, and incarceration of perpetrators.<\/p>\n
Reference
\nWilson, M. E. (2016). Family Law for the Paralegal: Concepts and Applications. Prentice
\nHall.<\/p>\n","protected":false},"excerpt":{"rendered":"
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