Again, I am absolutely sure you may be able to find individual cases that are questionable... there will always be people trying to abuse any law for their benefit.
However, the articles claim that this is some sort of huge numbers of confiscations is flagrantly dishonest.
What is the filing vs granting rate ( how many resulted in confiscations).. Is the court being a rubber stamp, or truly doing its job.
Custody/divorce cases are certainly a ripe place for this sort of abuse.. though they also are a higher incident of violence, whether we want to admit it or not.... PFA’s are a strategy for some, but they are indeed real in others... lest not fool ourselves. Divorce and Custody can be very very bad situations... I know 3 young girls with no parents personally because the father committed a murder suicide during their parents divorce/custody battle.
I am more than willing to condemn the law if some sort of evidence of systemic abuse is found, but this article offers none on its face to suggest there is a systemic abuse of this, and that large numbers of innocent people are being caught up in this law being abused.
Generally agreed.
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The law is too recent to see if there is abuse.
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My point is that we need perspective. Just throwing out the number of applications is not informative without context.
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How many involve juveniles? How many involve child custody? How many are actually granted? Were psch. evaluations required? How many were temporary? How many involved DV arrests?
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I have seen abuse of court orders in family law cases where both sides are trying to co-opt the family court investigation.
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There absolutely needs to be very strong legal guidelines on applications arising out of family court.
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Any hunter going through a divorce with kids would be an absolute target right before hunting season with those kids that want to hunt also.
So, if Joe killed Marsha with his hands, and then od’d, would that make any difference?