Thursday, November 4, 2010

Domestic abuse definitions that can cause loss of child custody

PR 24-7 - GHN News Editor--
This past month was National Domestic Violence Awareness Month.
Millions of people suffer from abuse, as pointed out by legal experts,
but how is this defined in court?




Domestic
abuse is considered one of the most underreported crimes in the
nation.  A lot of that has to do with the ambiguities in the law.
California, for example, has very broad laws.  This is in response to
victim advocates interest, but at the same time can make it difficult to
interpret when someone is falsely accused.



Abuse doesn't have to be physical to constitute abuse under the law, an
attorney
points out.  Shoving someone while in the midst of an argument
can be abuse even if there is no physical injury.


  Here is the litany of items in California that constitute abuse under the law:

- Persistent negative name-calling or shouting/yelling

- Calling, e-mailing or texting in spite of being told to stop

- Isolating the victim away from his or her family and friends

- Preventing access to personal funds

- Chronic episodes of prolonged, unreasonable anger

- Controlling behaviors and wardrobe choices

- Breaking cherished property

- Threatening to hurt a child or other loved ones unless the victim complies


California family law Section 3044 was created to help in the decisions
about child custody.  Lawyers advise that according to the statute, an
individual can lose child custody if they have committed domestic


violence during the previous five years.

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