Family Law Case Updates

The Divorce Court Found That Conclusory Accusations Do Not Constitute Evidence Sufficient To Support A Finding Of Abuse

In an initial custody determination, the divorce court has the widest discretion to choose a parenting plan that is in the best interest of the children, and must consider all circumstances bearing on the best interest of the children, including the health, safety, and welfare of the children, any history of abuse by one parent, the nature and amount of contact with both parents, and the use of controlled substances or alcohol by either parent.

Conduct That Disturbs the Peace of the Other Party, or That Places the Party in Reasonable Apprehension of Imminent Serious Bodily Injury, Supports a Request for a Restraining Order Under the Domestic Violence Prevention Act

The Court of Appeal found that a husband’s acts of repeatedly beating a child and biting his wife when she tried to intervene were facially sufficient to establish that the husband committed “abuse” against the wife by “disturbing the peace” of the wife, or by placing her in reasonable apprehension of imminent serious bodily injury to herself and her child, as required to support the wife’s request for a domestic violence restraining order.

Pages