Child Abuse Investigations: Good, Bad or Ugly?

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abusepre.jpgMost of us are familiar with Child Protective Services, or CPS.  CPS, or an agency with a similar name, is the agency in each state that has assumed the task of protecting our kids from abuse or neglect by adults, especially their own parents. A recent study explained in the October 2010 issue of Archives of Pediatrics and Adolescent Medicine suggests that child abuse investigations do not significantly reduce risk for future violence or abuse.  In fact, the study links investigations to increased depression in mothers.  The results have given ammunition to many who had already been calling for a drastic scaling back of CPS and the many millions of dollars that Congress and state legislatures annually direct towards CPS.

Congress passed the Child Abuse Prevention and Treatment Act in 1974 because of concerns about battered children.  That Act was also designed to encourage more thorough and accurate reporting and record-keeping in child abuse cases.  These days, the role of CPS has grown and evolved.  In 2007 alone, CPS nationally investigated more than three million cases of suspected child abuse.  Today, CPS also enjoys almost unlimited investigative … Read More... “Child Abuse Investigations: Good, Bad or Ugly?”

Can a Spouse Obtain a Civil Protection Order for Verbal Abuse?

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The topic for this particular article concerns Ohio’s Domestic Violence Statute which is O.R.C. Section 3113.31.  In it “domestic violence” is defined as the occurrence of one or more of the following acts against a family or household member:

  • Attempting to cause or recklessly causing bodily injury.
  • Placing another person by threat of force in fear of imminent serious physical harm or committing a violation of section 2903.311 (menacing by stalking) or section 2911.211 (aggravated trespass) of the Ohio Revised Code.
  • Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Ohio Revised Code.
  • Committing a sexually oriented offense as defined in section 2950.01 of the Ohio Revised Code.

Some readers may be wondering, “what is a Civil Protection Order?”  A Civil Protection Order (CPO) is an Order that can be granted by a Court upon hearing a petition alleging domestic violence.  It is initiated in the Common Pleas Court usually in the Domestic Relations Division. This is the civil counterpart to a criminal Temporary Protection Order (TPO) which is often issued … Read More... “Can a Spouse Obtain a Civil Protection Order for Verbal Abuse?”

Single not Sad on New Year’s Eve

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aloneny.jpgMany of us actually prefer to stay home on New Year’s Eve or spend the night with friends rather than get all dressed up to trudge through snowy, icy weather, only to eat and drink too much! Yet, the fantasy of this night still seems to hold many captive. The notion of “being alone” on New Year’s Eve makes an otherwise strong, capable, independent adult feel like a gawky 13-year-old wallflower! How is it that one can be spending New Year’s Eve with friends, family, and children, but without a date, will say, “I am alone”?

It is time to shake off those old myths about New Year’s Eve! Not having a “date” on New Year’s Eve is not an indication of social incompetence; it is simply a change. If this is your first New Year’s Eve without your spouse, then this is your first New Year’s Eve as a single person. While you certainly have suffered the pain of a loss, there is also much to look forward to. This is a New Year and a new beginning, and it is worth celebrating! Here are some … Read More... “Single not Sad on New Year’s Eve”

What to Bring to Your First Meeting with a Divorce Attorney

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firstmeetObtaining a divorce or dissolution is a process which often needs to be broken down into stages. Once you have reached the stage when you know that the marriage is “over”, you will need to then start the process of finding a divorce lawyer. Don’t overlook the importance of this step! There are a lot of divorce lawyers out there and finding the “right” one for you can be critically important. To read our suggestions about that subject click here to read the first part of our article about how to select a divorce lawyer and click here to read the conclusion of that article.

It is always a good idea to interview several lawyers. So, once you have the appointment scheduled, what should you consider bringing? Being prepared for that initial conference is important. Recognize that you may be nervous or emotional, so having a list of all your assets, liabilities and questions is a must.

Depending upon your issues and the facts of your case, here is a list of items to consider bringing to that initial meeting:

  • Prenuptial Agreement – a copy of yours
Read More... “What to Bring to Your First Meeting with a Divorce Attorney”

Take the “Gimme” out of Christmas!

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giftgiving.jpgI haven’t written an article about the holiday season for the Ohio Family Law Blog for a couple of years. At that time, I mentioned that this is certainly an appropriate time to reflect upon core values as well as memories of past Christmas celebrations and traditions.

In our family, we were very involved with a Christmas project providing gifts for needy children for many years while our sons were growing up. As a family, we spent countless hours working at the Center. We have tried to instill upon our family the importance of sharing and helping others. It is too easy this time of year to become consumed by all the shopping, decorating, numerous errands and superficial things. Focus can be lost on real matters of consequence, such as the meaning and importance of family. Regardless of one’s religious convictions, this is an excellent time to reflect upon our core values and aspire to do what we each can to make the lives of others around us better, even if it is in some small seemingly insignificant way.

This year we visited a local church hosting … Read More... “Take the “Gimme” out of Christmas!”

Demeanor and Behavior in Court

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Last December, I posted an article entitled “How to Dress for Court – Do’s and Don’ts“.  Today, my article will focus upon proper demeanor and behavior at court appearances.  I will first discuss the basic “To Do List”!

The “To Do’s”

  • It is imperative to be on time!  If the hearing is scheduled to take place at 9:00 a.m. you should be present to meet with your attorney at least fifteen minutes early. If you don’t know where you will be going, it might be a good idea to make a “trial run” beforehand.  Just don’t be late…it is not excusable by the Court for a party to be “tardy” for a hearing before the Court.
  • If you have babies, toddlers, or young children, please find a babysitter or day care center to provide for their care.  Our Courts can be crowded and the waiting areas and Courtrooms are not comfortable or conducive places for having young children. Further, you may be asked to make some important decisions at the time of your hearing.  Having a baby or toddler who may be “fussy” or “irritable”
Read More... “Demeanor and Behavior in Court”

Should Parental Alienation be Classified as a Mental Disorder?

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pas_debate.jpgWe have blogged in the past about parental alienation and “Parental Alienation Syndrome.”  Currently, Parental Alienation Syndrome (PAS) is a hot topic among the family law and psychiatric communities. The American Psychiatric Association is in the process of updating its formal list of medical disorders and, therefore, has to decide whether to include PAS in its new list of confirmed mental health disorders.

According to Wikipedia, “Parental Alienation Syndrome (abbreviated as PAS) is a term coined by Richard A. Gardner in the early 1980s to refer to what he describes as a disorder in which a child, on an ongoing basis, belittles and insults one parent without justification, due to a combination of factors, including indoctrination by the other parent (almost exclusively as part of a child custody dispute) and the child’s own attempts to denigrate the target parent”.

I suspect virtually all Family Law attorneys will tell you that, unfortunately, purposeful parental alienation is all too common in hotly contested custody actions. So, while there appears to be little debate on its existence, there is a bitter debate as to whether it represents a mental illness.  … Read More... “Should Parental Alienation be Classified as a Mental Disorder?”

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