|
|
|||||||||||||||||||||
|
|
|
|
|
|
||||||||||||||||
|
|
|
|
|||||||||||||||||||
|
FAMILY LAW
PRIMER |
|||||||||||||||||||||
|
|
Protective Order In a divorce involving allegations of domestic abuse,
the court may enter temporary orders that include a protective order, which
awards possession of the marital residence to one party and enjoins the
parties harassment and abuse. The application should allege acts of ``family
violence'' as grounds for a protective order, such as: Terminating Parental Rights A court may order termination of the parent-child
relationship if the court finds by clear and convincing evidence that
termination is in the child's best interest, and the parent has done either
of the following: Furthermore, abuse of someone other than the child in
question, often the other parent or one of the child's siblings, may be grounds
for terminating parental rights under. In order to support termination, the
abuse of the sibling or other parent must be found to endanger the child in
question either physically or emotionally. In one case, for example, the
abuse of a daughter in the presence of a son that resulted in the daughter's
death and abnormal fear and anxiety of the son was sufficient to terminate
the parents' rights over their son. False Allegation If a party to a pending SAPCR makes a report alleging
child abuse by another party and the reporting party knows the report lacks a
factual foundation, the court is required to deem the report to be a
knowingly false report. If the court makes this finding, it is required to
impose a civil penalty of up to $500. In addition, if the court finds that a
party made a false allegation of child abuse or neglect, the court may impose
any civil sanction permitted by law, including attorney's fees, costs of
experts, and any other costs. |
|
|||||||||||||||||||
|
|||||||||||||||||||||
|
|
|||||||||||||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|||||||||||
