Posted: August 21st, 2022

Identify a minimum of five reasons why victims

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: 2024 – Do my homework – Help write my assignment online). 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: 2024 – Do my homework – Help write my assignment online)
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: 2024 – Do my homework – Help write my assignment online)
• 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? I need help writing my essay – research paper 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: 2024 – Do my homework – Help write my assignment online). Family Law for the Paralegal: Concepts and Applications. Prentice
Hall.

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