1. Deliver us from Evil: Protecting the Child When Both Parents Ignore the Order of Protection.
- Author
-
Ramos, Damian
- Subjects
- *
RESTRAINING orders , *DOMESTIC violence , *FINES (Penalties) , *COURT orders , *LEGAL status of victims - Abstract
Orders of protection are regularly utilized to protect victims of domestic violence as well as their children, by restricting the subject from contact or specific activity with the protected parties. Unfortunately, it is common for the adult protected party to facilitate the violation of these orders in an effort to reconcile with the subject, placing children in danger. This undermines the protection that these orders were intended to offer; without penalty to the protected party. This Note proposes a model statute penalizing any party who knowingly endangers children by facilitating the violation of any order of protection; family or criminal. Key Points for the Family Court Community: Nearly one million civil orders of protection are issued annually for domestic violence in the United States.Thirty‐eight percent of domestic violence victim households have children under the age of 12 who reside there.Ninety percent of children exposed to domestic violence directly observed the violence as opposed to hearing it.In all, 13.5 percent of subjects threatened to kidnap the protected party's children. Most states do not penalize protected parties for violating orders of protection. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF