Since many divorcing people are parents, this new case about physical discipline of children might be of interest. Spanking was more common with previous generations, the practice seems to be dropping off. Under Massachusetts law, a parent or guardian is not subject to criminal prosecution for the use of force against a minor child in his/her care provided the use of force…
- Is reasonable.
- Is related to the purpose of safeguarding or promoting the welfare of the minor (which can include punishment of misconduct).
- Does not cause or create the risk of substantial physical harm or severe mental distress.
Basically, you can physically discipline your children so long as you don’t actually hurt them. This is called “parental privilege.” Recently, our Supreme Judicial Court ruled on whether this privilege should extend to stepparents.… Keep reading
October is National Domestic Violence Awareness Month. Nearly one in four women and one in seven men in the United States have suffered severe physical violence by an intimate partner. Female to male and same-sex violence happens and are just as bad, but often less reported. Many are surprised to hear that men are also subject to domestic violence. In fact many men are reluctant to admit that violence is occurring.
Some Victims Don’t Realize They Are Victims
Abusers start small and follow a cycle that tends to be similar. Anger, denigration, blow up, abuse and apology… followed by penitence and some good times before the cycle begins again. Only worse. As the cycle repeats it becomes harder and harder for the victim to leave. Abusers tend to be highly manipulative and convince their victims that they are worthless, powerless and unable to escape. Some victims become so accustomed to this treatment that it becomes their new version of normal, and they lose an urge to leave.
There are many toxic, abusive marriages where there is no physical violence. However, the victim is subject to such unending, demeaning denigration that he or she becomes stuck in … Keep reading
Parental alienation in the divorce process may be an unavoidable fact of life. Bad situations can make good people behave in destructive ways, and, of course, not everyone pursuing divorce is a good person.
As I started to discuss in my last post, there seems to me to be a dramatic increase in the number of divorce cases I see with parental alienation involving children age 10 to 18 (and older). In these situations with this particular age group there seems to be a changed dynamic: Dad is most often the parent with whom the alienated children are allied. With younger children the literature seems to say it is primarily mom with whom the kids ally.
Also in most of the cases I have seen (and there have been too many) there is often more than one child involved. The children also tend to be encouraging each other in the alienating behavior, with the older children pushing the younger into it.
In every case of older children alienation that I have handled, there has been an overlay of either physical violence or severe emotional abuse. In the cases of emotional abuse the denigration of mom by … Keep reading
I hope you all had a terrific Fourth of July! I also hope that you were not a victim of domestic violence over a long, hot holiday weekend.
I came across some statistics for San Francisco recently which were pretty shocking. They reflected an increase in domestic violence reporting, due to a local story. However, the underlying reality of violence is probably pretty much the same everywhere. I was shocked to see in a variety of sources that 1 in 4 women will experience domestic violence. Neither wealth nor celebrity status prevents violence. In fact, Mr. Charles Saatchi has filed for divorce from his wife, celebrity chef Nigella Lawson, complaining that she didn’t defend him when he was photographed choking her in public.
It is not just a crime against women though. Over the years I have represented numbers of men abused by their wives. However, I was still shocked to discover that 40% of domestic violence is perpetrated against men. As a group, they are way less likely to report or even admit that they have been victims. While women are more often killed as a result of domestic violence, men are more often attacked with … Keep reading