Mutual Spousal Abuse Allegations

In high conflict custody battles, allegations of drug and alcohol abuse and domestic violence are commonly raised. Other allegations can also be brought into these cases regarding mental illness and/or personality disorders. All of these allegations can ultimately have a bearing on child custody. In many cases, a party might use spousal abuse allegations as a basis for asking for sole legal and sole physical custody. They might also cite spousal abuse for a basis for the other parent having supervised or limited visitation with the children. These allegations can be difficult to substantiate, which can leave courts and parenting


Restraining Orders, Protective Orders and Injunctive Relief

Restraining orders, protective orders and injunctive relief can be an important component of child custody cases in situations where abuse and neglect is alleged. In some instances, obtaining this kind of relief in certain states can be problematic when there is an existing custody order that is in place. In many of these instances, a parties’ best option might be to file a motion to modify and/or make a hotline call. Regardless, below is a description of restraining orders, protective orders and injunctive relief: 1. Restraining orders: A temporary court order issued to prohibit an individual from carrying out a


Hearsay Statements of Child Abuse Victims

Admissibility of Statements of Children Relative to Sexual Abuse In child custody cases involving abuse, including sexual abuse, the statements of a child might be the best evidence of the abuse. In these cases, courts are often hesitant to bring a child into a courtroom to testify about the abuse. When other parties come into the courtroom to testify as to what a minor child reported, a hearsay objection is commonly invoked. By definition, statements made by a child to third parties are hearsay statements. However, children’s statements concerning physical or sexual abuse are often admitted into evidence over an


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Strategies For Family Law Illinois

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