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Most questions that are asked by people regarding family law involve physical abuse. There could be a range of questions like how to stop physical abuse, what the types of abuse are and what the different physical abuse laws are. Answered below are some important questions about physical abuse. What does one mean by physical abuse?
Physical abuse constitutes any time of bodily harm or contact that may be inflicted on an individual with the intention of creating a feeling of intimidation, injury or physical suffering. Physical abuse can give rise to a range of emotions, health issues and stress in one’s life. Can divorce be obtained because of physical abuse?
Any kind of physical or mental cruelty can be valid grounds for a divorce. If one gets mental health issues due to abuse caused by the spouse, one may apply for a divorce. Can a person be asked to move out on grounds of physical abuse without proof?
The individual may have to provide proof of abuse if he/she wants the court to order an individual to move out due to physical abuse. The Domestic Violence Act allows the court to ask an individual to move out on ground of abuse. An individual may not be able to get a judgment in his/her favor if there are no criminal charges, no history of domestic violence or witnesses. Consider a situation where all proof of a child being abused was not looked into before and after placing him/her in the parent’s custody. Can the lawyer be held accountable in such a situation?
According to the attorney judgment rule, a lawyer may not be held responsible for any wrong judgment that he/she would have made in the past based on good faith. If there was a major error in judgment, then he/she may be held liable. Since the final decision regarding the custody of a child is made by the judge, the lawyer may not be considered responsible. An individual was previously convicted of physical abuse and has a protective order against him/her. Can he/she get the custody of a child in such a situation?
In most situations, if an individual has a previous conviction and has a protective order against him/her, it may be difficult for him/her to get child custody. He/she may not be allowed to be around his/her child without supervision. Only exceptions would be when the person is taking counseling and is allowed visitation by the judge on completion of the counseling. Physical abuse is a serious matter and can have many legal consequences. Many factors like ignorance and fear can lead to physical abuse cases. You may ask a family lawyer if you have any questions about physical abuse.
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