Real Cases - Domestic Violence - Temporary Restraining Order (TRO)

Case #1

 

Father confesses to beating mother... What happens next?

How would you rule?
  1. June year 1 - Domestic violence in home in front of child Police were called, report taken.
    • Father confesses to beating mother
    • Mother taken to hospital, reported injuries.
    • Mother never went back, stayed with aunt.
    • Mother filed for divorce.
    • Mother reports both domestic violence and child abuse in divorce declaration.
  2. July year 1 - Mother hires private therapist
    • For child
    • For self
  3. July year 1 - Daughter interviewed by CPS/CFS
    • Daughter reports that father was hitting her mother on her arm like this (the child indicated using her own fist to hit her arm like this (the child indicated using her own fist to hit her other arm).
    • Daughter also stated that she screamed and that’s when her father stopped striking her mother.
    • Daughter stated “My daddy not nice to my mommy”
    • Daughter stated “daddy has brewskies and momma has none”.
    • Daughter reported that no one has touched her in an inappropriate manner other than “I touch myself”.
    • CPS requested that the visitations between father and his daughter remain as “supervised”.
  4. July year 1 - Judge threatens mother in document filed that “If allegations are determined to be false, serious consideration will be given to awarding custody of minor child to respondent at the hearing already set.
  5. July year 1 - During supervised visitation as documented by supervisor, child ask father “not to hit mommy anymore”
  6. August year 1 - Father is out of home and child is making statements to nanny suggestive of prior abuse and threats by father.
  7. August year 1 - Child therapist reports to court "child has spoken about witnessing the D.V, masturbated through session, undressed all dolls, and engaged in play where the dolls were going pee.
  8. August year 1 - Child’s therapist is appointed 730 expert
  9. September year 1
    • Child’s therapist files CPS report and doesn’t submit to court.
    • September year 1, DA files DV charges against father.
    • Judge takes father off of supervised visits
  10. September year 1 - Child comes home from unsupervised visit
    • Undresses a playmate
    • Fondles playmate
    • Discloses to mother that father injured her anus with his finger on visit.
  11. September year 1 - Child discloses to therapist (now 730 expert)
    • Expert in turn discloses to custody evaluator
    • No report is filed by 730 custody evaluator or by 730 child’s therapist
  12. October year 1 - Child comes home with bruises on legs
    • Reports that father injured her
    • Mother reports to CPS
    • Mother reports to 730 therapist and 730 custody evaluator.
  13. November year 1 - Child in 730 custody evaluator’s office
    • Child has injury from a visit with father the evening before.
    • 730 custody evaluator does not report injury.
  14. December year 1 - Nanny of child and family friend report statements from child – statements were ignored.
  15. December year 1 - Child comes home from visits with father crying from injuries.
    • Mother reports
    • Nobody is taking action.
    • All telling mother that it is not happening, as father is under a microscope.
  16. Custody evaluator’s report comes out, stating
    • “Based on her work with child, Therapist can not rule out or confirm that something sexually inappropriate happened to child.
    • Therapist states that child has spent time in therapy stripping clothes off dolls, and has sometimes masturbated when she was anxious.
    • Child knows how boys pee, and what daddies wear at night.
    • When therapist has talked about molestation, child has engaged in regressed behavior such as talking in baby talk.
    • When therapist talked to child about seeing "yucky pictures" child lay on the couch and spread her legs apart.
    • Therapist played a game with with child about a child who had been stolen and recovered. In the game when they get to the point of the child telling a policeman about being taken, the child character (played by child) was unable to speak.
    •  Therapist then pretended as a parent doll to ask the policeman why children sometimes couldn't tell the truth about what happened to them.
    • Child suddenly collapsed, fell on therapist and leaned against her for a long moment.
    • Therapist noted that this was unusual for child since she is not typically an affectionate child. This was an "affect shift" for child.
    • Therapist stated that every time she finds a way to bring up the sexual molest issue in therapy; child behaves as if something happened. H
    • However, child has never talked about, or play-acted anything specific.
    • Therapist continues to believe that she can not confirm or rule out that something inappropriate happened to child.
    • Father has substance abuse problems, alcohol, and anger issues.

ARE YOU READY FOR THIS?  

Absolutely nothing - He actually has custody of their daughter...

 
     
   
   


 
   
 


 

 
 

 
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