May 7, 2012 grandcapital

Carey: "Correcting Myopia in Domestic Violence Advocacy: Moving Forward in Lawyering and Law School Clinics"

Camille Carey (Univ. of New Mexico School of Law) has posted "Correcting Myopia in Domestic Violence Advocacy: Moving Forward in Lawyering and Law School Clinics" (forthcoming Colum. J. of Gender & Law) on SSRN. Here is the abstract: Lawyers and...

Understanding False Allegations of Domestic Violence and Abuse and Your Rights Against Them

By Dennis Gac -

This day and age, women know that if they scream “abuse” to the court systems, they will automatically get temporary custody of the kids until the issue goes to court. This can happen at any time, whether it be during a separation, divorce case, or even out of the blue if you obtained custody in courts and all of a sudden, she decides that she wants it back. But don’t let false allegations get you down-you can fight it, and it’s important to know the technicalities involved.

First off, demand proof. Even though what your wife is doing is essentially hearsay, a Judge will still strongly consider any emergency ex parte restraining order that comes across their desk. Abuse and violence, when it comes to kids, is something that shouldn’t’ be taken lightly, but if you do not make a statement against her initial complaint, you may look guilty. But at the same time, fighting too hard makes you look like you’re covering it up. If the abuse or violence issue is an underlying issue of a divorce case, don’t let it throw you off track. State that you did not commit such issues, that there is no proof, and move forward with the divorce case. There is a fine line between looking guilty and looking like you don’t care. Tread forward lightly with any allegations of abuse.

Know your rights and responsibilities when it comes to restraining orders. If your ex-wife has a temporary restraining order against you, but calls you up and says she’s coming over to drop off/pick up some of the children’s things, don’t fall for it-this can put you in violation of the court order, which she could use against you.

And last, consider fighting back. If the allegations are false, sue your ex, her attorney, and anyone else involved for defamation of character. This might be enough to get your ex-wife to back off and no longer pursue the issue. More of a scare tactic than anything, but has been very effective for fathers in the past facing similar issues.

Dennis Gac is widely known as “The World’s premier fathers rights Consultant!” But why would you care? Well, I’ll tell you if you rush over to his site… I think you’ll come to your own conclusion that he “IS” the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at…. http://www.fathershelphotline.com.

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Family Court Violence – Will King Solomon Be in Your Family Court With His Knife?

Dr. Jeanne King, Ph.D. –

Family court can feel like a biblical stone-age blur if you’re naive to the workings of the system when there is domestic violence and divorce before the court.

The biblical story most fitting to this is as follows…

There was a woman who had a baby. And one night while sleeping with her baby next to her side, she rolled over onto her baby. Sadly, her baby died. In her desperation she took another woman’s baby, claiming it to be her own…actually insisting this infant was her own.

The two women fought over the baby on and on bringing attention of their dispute to King Solomon. King Solomon declared, I’ll settle this once and for all!

He told his aid to fetch a knife as the women continued each insisting the baby to be theirs. King Solomon reached for the knife and said, “We shall cut the baby in half.” And as he brought the knife over head ready to split the baby in two, one woman shouted, “No, King Solomon,” “No, please don’t cut the baby…don’t hurt the baby…give the baby to her!”

King Solomon stopped cold, bringing down the knife and said, “You are the mother of this infant baby.” And he gave the baby to her.

Domestic violence, divorce court and you

If you have ever been in family court in which there is court-documented child abuse and/or spousal abuse, moderate to significant family money (only accessible to the perpetrator), and the possibly of some politics, then you may know this story from the inside out.

More often than not, there are two exit doors in this nightmare: a) you cooperate and comply with fracturing your child, or b) you walk away and leave your minor child whole (at least in that moment).

However, on the other hand, if you wish to walk away with your baby whole and in your arms, you must play your hand wisely and know the ropes before matters spiral out of control.

For more insights and information about the legal abuse syndrome, visit Legal Domestic Abuse and claim your free Survivor Success Tips and eInsights. Dr. Jeanne King, Ph.D. helps people worldwide recognize, end and heal from domestic abuse at home and in court.

©2008 Jeanne King, Ph.D. www.EndDomesticAbuse.org

Article Source: Family Court Violence – Will King Solomon Be in Your Family Court With His Knife?

Domestic Violence and Child Custody – 3 Reasons She is a Ranting, Raving Battered Woman

By Dr. Jeanne King, Ph.D.

Battered women in family court typically present in a way that supports the agenda of their opposition. They are emotional, unstable, personally challenged and often out of sorts with themselves and their circumstances. And the more out of balance they appear, the better for their opposition. The important question is, why does she present this way? Here are three of the most obvious reasons battered women present themselves unfavorably in their divorce proceedings.

1) The safety of her children is at risk and she knows it. Children of batterers are more likely to also be victims of battering, than not. Unfortunately, the abuse to these children doesn’t stop just because divorce is underway and civil court is looking in. To the contrary, children of domestic violence divorce are the carrots to perpetuate abuse to protective parents. And in so doing, the children become the greatest casualties of family court violence.

2) Her personal, parental and civil rights are being, or are threatening to be, violated as a by-product of her divorce proceedings. Her voice is muffled and her case often not put forth before the court accurately, completely and in some case at all. She feels betrayed by those she has entrusted to help her and her children. Further, she sees herself at a loss as to how to change the ugly status quo.

3) She is being tormented with the prospect of further violations to herself and to her children. Sadly, this threat is often tied to her heroic efforts to protect herself and her children. Or, it is tied to-though without cause-her mere coming out with the abuse to herself and to her children. She knows she’s being punished for revealing the family skeletons…the family violence. She feels impotent in getting remedy for her disclosures and perceives a life sentence of abuse on the horizon.

If you are a domestic abuse survivor in family court, you will want to do all you can to understand the dynamics in play and build your strategy accordingly. You are in the fight of your life, so proceed wisely.

For more information on   abuse and divorce, visit http://www.PreventAbusiveRelationships.com/legal_domestic_abuse.php Dr. Jeanne king, Ph.D. helps people prevent abuse at home and in divorce court. Copyright 2009 Jeanne King, Ph.D.

Dr. Jeanne King, Ph.D. Domestic Violence Prevention and Intervention

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Domestic Violence and Child Custody – From the Frying Pan to the Fire of Family Violence

By Dr. Jeanne King, Ph.D. -

Can we bring justice to family courts? That’s a highly political question, and I think the answer has more to do with the nature of the human beings behind the system and the misconceptions of those using the system to seek safety.

We hear of battered women falling through the cracks of the system as much as those securing safety through the system. It is clear that those who fall through the cracks typically are in proceedings with a batter fortified with aggressive counsel, or being victimized by counsel, and in some cases both.

Thus, as long as divorce law is about one party annihilating another, mindless of the interest of children and family as a whole, then economically disadvantaged survivors of domestic abuse are subject to system failures.

Is Family Court the Proper Place to Seek Remedy for Domestic Violence?

It is also true that part of the dilemma is that divorce court is actually not the proper jurisdiction to secure remedy for domestic abuse. In divorce court in which there is a “no fault” presumption, responsibility for the marital dissolution is spread across the marriage.

The implication of this is that the perpetrator is given an umbrella to hide under and a way to deflect assuming responsibility for the battering behavior. Further and more equally serious, the victim is expected to shoulder aspects of the battering relationship that technically do not belong to her/him. And even worse is the ongoing legal permission to re-victimize the victim through legal judicial and psychiatric ploys.

How Can Legal Domestic Abuse Be Legal?

You know that abuse is about control. Well, so is litigation. Two parties in a legal action are essentially fighting for control, and the perpetrator thrives in this arena.

Now when there’s a gross disparity of income between the parties and when the perpetrator controls the family purse strings, which is often the case in these relationships/situations, then the litigation can really be controlled because he who pays will most likely drive the litigation.

This party can taunt, torment and terrorize his/her opposition with legal stalking, financial starve out tactics and with the threat of custody litigation. Abusers know nothing will devastate their victims as much as seeing their children endangered. So they use the threat of obtaining custody to extract agreements to their liking. And this can go on indefinitely.

So instead of looking to change the family court system, or expect the family court to serve you differently, see it for what it is and seek to employ other strategies in conjunction with family court to arrest the domestic abuse and secure safety for yourself and your children.

For more information about [http://www.preventabusiverelationships.com/legal_abuse_ebook.php]domestic violence and child custody, see Legal Domestic Abuse eBook and claim your free Survivor Success Tips and eInsights. Dr. Jeanne King, Ph.D. helps people worldwide recognize, end and heal from domestic abuse at home and in court. ©2008 Jeanne King, Ph.D. http://www.PreventAbusiveRelationships.com

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