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

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 against a defendant charged with a crime such as domestic violence, menacing or … Read More... “Can a Spouse Obtain a Civil Protection Order for Verbal Abuse?”

Divorcing the Abuser

divab.jpgThe single most dangerous element in living with an abusive man is your denial of the problem. More women are killed by their domestic partners than by the hands of strangers. If your spouse has shown any of the signs or symptoms of being abusive, it is extremely important that you get help. Depending upon the situation, help comes in all forms from seeking counseling to calling the police. The way to find out what intervention is most appropriate for your situation is to call the women’s shelters in your area. Even if you do not need “shelter” in a physical sense, the shelters can provide you with invaluable information anonymously and for free! If you do not have a shelter in your area, chances are the closest big city will have one. All of the shelters have toll-free lines, so it doesn’t matter which one you call. All calls are kept anonymous for your safety. The caseworker at the shelter can assist you in figuring out what you need to do to be safe. Some women feel embarrassed to call the shelters; they believe they should be able to handle it themselves, or their problem is not as bad … Read More... “Divorcing the Abuser”

Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; false allegations in custody cases; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

jc_abuse.jpgIn recent years there has been a steady and alarming increase in the use of false allegations of vague, unsupported claims of domestic violence and even vaguer claims of child abuse, used solely in an attempt to find a shortcut to a presumed better position in custody cases. What is more alarming is the observation that more often than not the attorneys of record for the litigants making these claims have been those unschooled in and relatively new to the family law arena, who have chosen to step outside their actual specialty and add a minor “division” of family law to their practices. Often, a new, young, unskilled associate is added to the practice to handle these family law issues.

Some of these practitioners use this mechanism so frequently that simply hearing the name of the attorney leads one to assume that automatically there will be a “smoke and … Read More... “Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!”

Kids Who Protect Parents

ramprotect.jpgOur responsibility as parents is to nurture and protect our children.  We do everything possible to ensure their physical safety and to care for their emotional and psychological needs as well. It seems a bit odd to think that many children and teens feel like it is their responsibility to protect us.

This occurs most frequently in divorce situations.  Kids are acutely aware of their parents’ emotional wellbeing and are very reluctant to say or do anything to upset their families.  One 10-year-old told me that she had lots of questions about the divorce, but knew her mom was already upset.

“I hear her crying on the phone after I go to bed. I don’t want to make it any worse for her.”  Rather than talk with her mom, she speaks with friends at school or to her Boston terrier.  Neither can really meet her needs.

This oversensitivity to the feelings of parents also plays itself out in cases of sexual abuse. One of the most perplexing aspects of such abuse is the reluctance of many children to say something to their parents.  There are many complicated reasons why children don’t tell, but a major factor is their desire not … Read More... “Kids Who Protect Parents”

Three Things You Can Do To Eliminate Stress

While not directly discussing families or individuals involved in a divorce, Dr. Ramey’s wise suggestions in this article, are equally applicable in the family law context.

stress5.jpgI spent part of my holiday vacation watching 10 hours of “Band of Brothers,” the HBO mini-series based on the experiences of the 506th parachute infantry regiment in World War II. Each program was preceded by interviews with the actual soldiers upon whom the story was based. These men spoke eloquently of their dedication to the cause of freedom and to each other.

One word was remarkably absent from their discussions. I never heard any of the soldiers complain about stress while daily confronting horrendous destruction and the death of 50-70 million people.

When I returned to work later in the week, I met with a high school junior who was having stomach aches and problems sleeping. “I just feel overwhelmed right now,” he remarked. “The stress is unbearable. I need to get into a good college and everything depends on the grades I get in the next few weeks. My mom and dad have no understanding of the stress I’m feeling. I don’t know if I can handle it.”

I had a hard … Read More... “Three Things You Can Do To Eliminate Stress”

What Is Parental Alienation And Parental Alienation Syndrome?

sep_pt1.jpgSubmitted by Robert L. Mues with legal research and assistance from Aaron Hill, an extern from the University of Dayton School of Law.

There are a number of different factors and circumstances that have an effect on the determination of custody in Ohio. According to O.R.C. §3109.04(F)(1), the court must consider all relevant factors when determining the best interest of the child. One of those relevant factors under Section 3109.04 (F)(1)(I) includes whether either parent has continuously and willfully denied the other parent’s right to parenting time or visitation as ordered by a court. While visitation denials may be relatively easy to prove in court, that alone doesn’t amount to parental alienation. Further, it is not uncommon for some amount of alienation to occur when parents first separate. Usually, the alienation subsides after the parents’ transition through the separation and move on with their lives. In some cases it doesn’t, and instead it continues and escalates to what has become referred to as “Parental Alienation Syndrome”. This disorder was first identified by Richard A. Gardner, a forensic psychiatrist, in the mid-1980s, and defines it as:

A disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is
Read More... “What Is Parental Alienation And Parental Alienation Syndrome?”

Helpful Books For Children Going Through Divorce And Loss

books_ramey.jpgHow do you talk with kids about divorce, depression or death? Many parents have no idea how to even begin such a conversation about serious topics with their children.

Honest and insightful communication is as difficult for kids as it is for most of us. Parents’ questions are often viewed as interrogation, met by silence, “I dunno” or a single word response. Speaking with younger children presents even more challenges. Younger kids have intense feelings and complex thoughts, but just don’t have the vocabulary to translate ideas into words. How can we gain entry into our children’s inner lives and encourage the expression of what they really think and feel?

Children’s books provide a tremendous opportunity to promote such communication.

These are not the same books that many of us read as youngsters. Contemporary children’s literature better reflects the reality and range of issues confronted by many kids. There are books that deal with intense topics of abuse, divorce and death. However, more routine issues such as friendship, forgiveness, fears, nail biting, bedwetting, ADHD, anger and depression are also common themes in many books.

I’ve used stories in working with many kids in therapy. Books give kids a sense that … Read More... “Helpful Books For Children Going Through Divorce And Loss”

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