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Questions about Physical Abuse Laws

Among the most frequent questions about family law issues that arise pertain to physical abuse. They can range from: how to stop physical abuse, what are the different types of physical abuse, and what are physical abuse laws. If you are faced with questions like these, you can ask a Family Lawyer on JustAnswer for legal insight. Listed below are the top five physical abuse questions answered on JustAnswer.

What is physical abuse?

Physical abuse is any type of bodily harm or contact that is intended to cause the feeling of intimidation, injury, or other physical suffering. Physical abuse can cause an array of emotions, health issues as well as cause stress in the victim’s life.

Is physical abuse grounds for divorce?

Anytime there’s severe mental or physical cruelty, this could be result in valid divorce grounds. This could also be known as mental or emotional abuse. If the individual has mental health problems from the spousal abuse, they have enough grounds to file for a divorce. Many times a couple can just file for a divorce on the grounds of incompatibility.

If there is no evidence of physical abuse, can someone claim physical abuse and ask the other person to move out?

The Domestic Violence Act does permit a judge to eliminate a partner. However, the accuser has to have legal evidence of them being physically abused. If there are no criminal charges, witnesses, no past history of domestic abuse then more than likely the case would not be solid. If you need a second opinion or Expert legal insights on whether you have enough grounds and proof to enforce eviction of your spouse, you can ask a Family Lawyer on JustAnswer.

Is a lawyer accountable for not looking at all evidence that a child was physically abused before being placed in their parents care and then again after being placed in their care?

Under the attorney judgment rule, an attorney is usually not held liable for what, in hindsight, were errors in judgment where the attorney made those judgments in good faith and in the honest belief that the decisions were well founded in the law and made in the best interest of the client. In other words, while a gross error in judgment may be actionable as legal malpractice, a mere error in judgment made in good faith is not. This rule protects the attorney who acts in good faith and keeps the client informed and involved in the case, but makes what could turn out in hindsight to be strategic or tactical errors in handling a case. However, in most cases, it is the judge who makes the final decision to place the child, so there may be no legal implications on the lawyer.

Can someone get custody of a child if they have a prior physical abuse conviction and have a protective order against them?

When the individual is on a protective order and has a previous child abuse conviction, the odds of them receiving custody of a child are slim to none. In most cases, anyone that has had a previous child physical abuse charge is typically not allowed to be around children without supervision. There have been exceptions where the judge has placed the person in counseling and granted visitation after the person completed the course.

Physical abuse is very difficult topic. It can have serious legal implications, but a number of factors ranging from fear to legal ignorance often result in physical abuses cases not even getting reported. Without proper evidence, it can also be difficult to prove physical abuse cases. When faced with physical abuse issues if you need a second opinion or Expert legal insights, you can bring the details of your case to Family Lawyers on JustAnswer for fast and reliable answers.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9157
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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    I have a four year old son who lives with me and my domestic partner in Illinois. However, my son's father is threatening to take sole custody because he disapproves of my same sex relationship. Is this possible?
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    Motion to modify custody order based on both parents remarrying and both parents changing residences. Custodial parent rented marital residence from landord (whom are also parents of non-custodial parent) for 2 years after separation (1 year after divorce). After learning of custodial parent's pending remarriage, landlord gave custodial parent 90 day notice that rent would double or terminate lease. Landlord subsequently extended lease an additional 90 days. Custodial parent purchased a home 9/10ths of a mile away and moved in prior to end of additional 90 day period. Non-custodial parent will move into marital residence vacated by custodial parent. Children attend same school, ride same bus after custodial parent moving. Custodial parent has sole physical custody in Virginia, non-custodial parent wants 50/50. Are the landlord's actions admissable and could they be cause to have material change for moving denied?
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