Tag Archive for: abuse

Emotions run high in any child custody discussion.  When you are fighting with your soon-to-be-ex, in person or through your attorneys, that arguing adds extra pressure to the process.  When violence and abuse are already present in the relationship, there is added urgency along with a fear of you or your children being victimized.  

 

Whether you are negotiating parenting time and a custody schedule for the first time or you think an existing schedule should be reviewed, it is very important for you to tell your attorney about any abuse.  As divorce and family attorneys, we have helped many families through these situations.

First and foremost, if your spouse is abusing you and/or your children, it is critical that you get yourself to safety and follow the protocols of the Bucks and Montgomery County Protection from Abuse (PFA) procedures.

Next, an experienced attorney can help you unravel the tangle of domestic violence as it relates to your custody case.  To be clear, just because you say you are being abused does not mean the judge is going to grant you full custody or take away the other parent’s rights.  While protection and safety are of primary concern, there needs to be documented proof of abuse.  This is where an experienced attorney can help you.  

Documentation is a very important part of any abuse case and should include as much detail as you can by date.  Remember to not only include details about any physical abuse, but also emotional abuse as well.  You will need to find a safe place to store your documentation and sometimes the best place is out of your home and away from where your spouse may find it.  Sometimes your computer or phone can be safe.  We can help you put the right system in place.  Record incidents of physical abuse with a doctor (including pictures) and even with a therapist or social worker.  As you document, also make sure to tell at least one trusted confidant what is happening; this can be a friend or family member.  This level of documentation is critical so that you have a trail of proof should it ever be needed.  

As mentioned above, your safety is of utmost importance and stopping the abuse is the goal.  When your emotions run high, working through the legal process can seem tedious and a waste of time.  However, all custody issues in Montgomery and Bucks County, PA need to be resolved following a legal procedure and we can help you work through it quickly to obtain the best possible resolution.  

October is National Domestic Violence Awareness Month. Next week, October 16th – 22nd, is the week of action. You can visit www.nnedv.org for details on the daily initiatives. Thursday, October 20th, is purple Thursday and people are encouraged to wear purple to raise awareness. Pennsylvania has several laws in place to protect victims of domestic violence.

The Protection from Abuse (PFA) Act provides a civil remedy in the form of a stay away order. The PFA Act can only be utilized if there is a certain relationship between the victim and the offender; specifically, family or household members, sexual or intimate partners, or persons who share biological parenthood. Abuse under the PFA Act includes causing or attempting to cause bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, placing another in fear of imminent serious bodily injury, infliction of false imprisonment, physically or sexually abusing minor children, and stalking in the sense of engaging in a course of conduct which place a person in reasonable fear of bodily injury. Three years is the maximum length of a PFA Order. Violations of a PFA Order can carry criminal violations.

Pennsylvania’s Protection from Sexual Violence and/or Intimidation Act (PSVI) is another civil remedy that allows victims to obtain a civil no-contact order for up to three (3) years. Adults and minors can petition for an Order on the basis of sexual violence. Only minors may obtain an Order on the basis of intimidation provided the offender is over 18 years old. There is no filing fee to file. A temporary Order can be granted following an ex parte hearing. A final hearing must be held within ten (10) days of when the Petition is filed. The victim must establish sexual violence and/or intimidation by a preponderance of the evidence. The PSVI Act does not restrict protection based on relationship of the parties involved. Sexual violence for purposes of the PSVI Act includes but is not limited to rape, involuntary deviate sexual intercourse, sexual assault, indecent exposure, and unlawful dissemination of an intimate image. Violation of a PSVI Order can also carry criminal consequences.

Click here to read more about Protection from Abuse.

Today is National Alcohol Screening Day. The day is intended to raise awareness and highlight treatment options. It was first observed in 1999 and falls under the category of mental health screenings. Alcohol abuse is a frequent issue in family law matters. Often times, excessive alcohol consumption can be a trigger to aggressive or violent behavior. It is not unusual for Protection from Abuse matters to include allegations from the victim that the other party was drinking prior to the incident resulting in the petition. Alcoholism is also a factor in custody matters.

Drug or alcohol abuse is one of the factors the courts must consider when trying to determine what custody arrangement will be in the child’s best interest along with past or present abuse. The court must also consider the criminal background of the parents as well as any other adult household members. Charges related to driving under the influence of drugs or alcohol are on the list as far as criminal history to be considered in a custody matter. It is possible to request a drug/alcohol evaluation as part of a custody matter. Depending on the extent of the abuse, supervised custody may be appropriate to ensure the safety of the child. You can visit https://mentalhealthscreening.org/programs/initiatives for more information on national alcohol screening day.

Click here to read more about Protection from Abuse.