Sometimes the truly abused spouse just wants out of the marriage and does not understand that the presentation of a written marital settlement agreement, even with all the terms that spouse may want, may precipitate other violence and death. The lawyer may have to encourage the client to seek protection in different forms, including seeking an ex parte relief from the court, filing a petition for injunction for protection against domestic violence, and completing the process of obtaining permanent injunctive relief.
“I want nothing. Just get this over as fast as you can.” This can mean a number of scenarios, some of which are extremely dangerous for the abused spouse and even the children.
Domestic violence indicator. A person who is an abused spouse may present in this fashion, afraid to ask for anything, and just wanting to get away. The danger of ignoring this position is giving an extremely favorable written agreement to the persons’ spouse and finding the person is later in the hospital or dead thereafter. This person should be sent for a “lethality assessment” to an individual psychologist or to the local domestic violence agency. The assessment alone takes only 15 minutes but can estimate the level of danger for the person. The psychologist can examine with the person the motivation for such extreme positioning.
Child abuse or child sex abuse indicator. Sometimes getting a child away from the other parent may be an indicator that the client knows or suspects the child is in danger of abuse. This may be a conjunction with domestic violence, as a child is more in danger of abuse if there is domestic violence in the family.
For 2004, the U.S. Department of Justice’s National Crime Victim Survey showed that 466,600 women and 111,750 men were victims of domestic violence by intimate partners. These figures capture only the crime of rape/sexual assault, robbery, aggravated assault, and simple assault; homicide and other violent crimes are not included.
Though there is some variation, domestic violence occurs across all groups regardless of religion, age, income and educations level, marital status, sexual orientation, and race/ethnicity.
The Florida Department of Law Enforcement reports that a total of 119,772 domestic violence offenses were reported to Florida law enforcement agencies during 2004.
During fiscal year 2004-2005, a total of 64,470 petitions for injunctions for protection from domestic violence were filed in Florida Courts or 23. % of all domestic relations case filing for that fiscal year.
Each year, it is estimated that between 3.3 million and 10 million children are exposed to violence against their mothers or female caretakers by family members.
Children in homes where domestic abuse occurs are physically abused or neglected at a rate of 15 time higher that the national average.
Research suggests that being battered is the most common factor among mothers of abused children –almost tow thirds of abused children are three times more likely to have been abused by their fathers or stepfathers than by their mothers.
Studies have shown that both children maltreatment and domestic violence occur in an estimated 30 to 60% of families with some form of domestic violence.
Eighty to ninety percent of children living in homes with domestic violence are aware of the violence.
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