Family Law Chapter 14

All BUT which one of the following statements accurately describes an appropriate role for members of the family law team when working with clients who are victims or perpetrators of abuse? a. Members of the family law team should not discuss abuse with clients who are victims because they are often afraid, ashamed, or embarrassed about the abuse they experience. b. Members of the family law team need to recognize that some perpetrators of family violence do not perceive themselves as abusers and some victims do not perceive themselves as victims. c. Members of the family law team need to remain as nonjudgmental and emotionally uninvolved as possible in order to serve as zealous advocates. d. The most important issue to address when the client is a victim of family violence is his or her safety.

a. Members of the family law team should not discuss abuse with clients who are victims because they are often afraid, ashamed, or embarrassed about the abuse they experience.

Which of the following individuals is NOT a mandatory reporter of suspected child abuse? a. a parent b. a physician c. a social worker d. a day care provider

a. a parent

Which of the following is the most commonly reported form of neglect? a. physical b. emotional c. medical d. educational

a. physical

When handling divorce matters, domestic violence issues a. should be ignored to make sure that the client is not embarrassed. b. should be addressed to provide the best representation. c. are never part of a client's reasons for wanting a divorce. d. are rarely seen among clients from the higher economic levels of society.

b. should be addressed to provide the best representation.

A person petitioning for a restraining order can ask the court to order the abuser to a. vacate a shared residence even one owned by the abuser. b. pay for damage to property caused by the abuser. c. not contact the victim at home or at work. d. all of the above

d. all of the above

All BUT which one of the following statements describes the potential impact of documented abuse on a custody decision? a. Under federal law, custody will not be awarded to a parent who has abused his or her child. b. In some states, by statute, a batterer is presumed by law to be an unfit parent. c. Some states mandate that the courts not award joint custody in cases where abuse has been demonstrated. d. In some states, permitting one's child to witness spousal abuse may constitute grounds for removing a child from the care and custody of both parents.

a. Under federal law, custody will not be awarded to a parent who has abused his or her child.

Dee's husband has been physically abusing her. She does not want to leave him or to force him to move out but she does want him to stop hitting her when he gets angry. Which of the following type of order should she seek? a. a restraining order b. a no-contact order c. a stay away order d. a criminal order

a. a restraining order

Dorothy has been arrested repeatedly for prostitution and drug-related offenses and conducts her "business" with clients at home when her minor children are often present. The appropriate state family services agency is seeking an involuntary termination of her parental rights. To achieve that end, they must prove that she is unfit a. by clear and convincing evidence. b. beyond a reasonable doubt. c. by a preponderance of the evidence. d. to a reasonable certainty.

a. by clear and convincing evidence.

Tom's wife Betty has been physically abusing him throughout their brief marriage. Neighbors called the police during the most recent event that took place at a neighborhood party. Betty gave Tom a black eye and broke a bone in his arm. He was bleeding when the police arrived. They took pictures and interviewed witnesses. Later that night Tom went to the hospital when he realized he had probably broken a bone. Charges have been filed against Betty but Tom is too embarrassed to testify. What is most likely to happen in this case? a. The prosecutor will not be able to proceed without Tom's participation. b. The prosecutor can conduct an effective evidence-based prosecution. c. There is insufficient evidence to prosecute the case without Tom's help. d. Tom should have a guardian appointed until he can advocate for himself.

b. The prosecutor can conduct an effective evidence-based prosecution.

Fran doesn't want her ex-husband to go to jail for hitting her but she does want to sue him for damages for her medical expenses, the damage he did to her apartment, and the time she lost at work because of his abuse. She is utilizing which of the following remedies? a. criminal prosecution b. a civil action c. guardianship d. a protective order

b. a civil action

When the parent's whereabouts are unknown, the child has been left in circumstances where he or she suffers serious harm, or the parent has failed to maintain contact with the child or provide reasonable support for a specified period of time, it will constitute which of the following forms of child abuse? a. physical abuse b. abandonment c. emotional abuse d. mental abuse

b. abandonment

Tanya has become so incapacitated by the abuse she has suffered from her husband that she no longer leaves the house, talks with friend, cleans the house, pays her bills, or sees a doctor for her injuries. She has lost the ability to help herself or exercise independent judgment. An appropriate remedy in this situation would be which of the following? a. She should be placed in protective custody. b. She should be required to execute a safety plan for the court's approval. c. A guardian should be appointed until she has the capacity to act on her own behalf. d. She should be placed in a psychiatric hospital without her consent for her own protection until she can take care of herself and her affairs.

c. A guardian should be appointed until she has the capacity to act on her own behalf.

When Melba came home from work early one day recently, she found her thirteen year old son engaging in sexual relations with a fifteen year old girl in the living room. She slapped her son across the face so hard that she chipped one of his front teeth with a ring she was wearing. She had never struck him before and the family has always seemed well adjusted. The dentist, Dr. Drew, called the local child protective services agency. Which one of the following statements concerning this case is TRUE? a. If Melba is criminally charged, given the fact the child was injured, no state court will find that Melba had a parental privilege to discipline her child as she saw fit. b. A parent cannot be charged with battery on his or her own child. c. The agency will seek to terminate Melba's parental rights based on this incident. d. The dentist is a mandatory reporter and was under a legal duty to report the incident to the appropriate child protective services agency.

c. The agency will seek to terminate Melba's parental rights based on this incident.

All BUT which one of the following statements is true about the victims and perpetrators of family violence? a. Domestic violence occurs more frequently in heterosexual than in homosexual relationships. b. Family violence is largely a problem in low-income, minority families. c. The majority of domestic violence is committed by men against women. d. Family violence refers to violence against adults not children.

c. The majority of domestic violence is committed by men against women.

Genna is an alcoholic. When she is drinking she repeatedly tells her six-year old daughter, Jocelyn, that she is ugly and stupid "just like her father." She embarrasses her in front of her friends at school and has told the teachers not to bother with her because she is stupid. One of Jocelyn's teachers has called a child protective service agency. Which type of suspected abuse or neglect is most likely to be reported? a. educational abuse b. substance abuse c. emotional abuse d. all of the above

c. emotional abuse

Ebony, a paralegal, has been working on Helaine's divorce case for three months. Based on Helaine's actions and some bruises she has seen on her neck and arms, Ebony believes Helaine has been and still is being abused by her husband. Her supervisor has told Helaine that it may be wise to help Helaine prepare a ________ including such information as strategies for escaping her house and protecting the children, contact numbers, safe retreats, and documents needed when leaving home. a. protective order b. stay away plan c. safety plan d. safe haven

c. safety plan

Which of the following is a possible outcome when a report of abuse is received and processed by a child protection agency? a. If the agency has reasonable cause to believe that removal is necessary to ensure the child's safety, the agency may immediately remove the child. b. When the agency determines the report was made in good faith but finds no reasonable cause to believe the child is at risk, the case can be closed. c. When the report is substantiated, the agency will develop a service plan with the parent(s) or caretaker(s). d. All of the above are possible outcomes.

d. All of the above are possible outcomes.

Which of the following statements is NOT true about family violence? a. Family violence goes by many names including, among others, domestic violence, domestic abuse, and intimate partner violence. b. Definitions of family violence vary from state-to-state. c. Under common law, husbands had the right to maintain domestic order through the use of physical force against their spouses and their children. d. Definitions of family violence focus on physical assault and compelled sexual activity and do not include psychological behaviors such as stalking.

d. Definitions of family violence focus on physical assault and compelled sexual activity and do not include psychological behaviors such as stalking.

In most states, restraining orders can be sought against a. a person related to the victim by blood or marriage. b. a fiancé or partner in a significant dating relationship. c. an ex-spouse no longer residing in the same residence. d. all of the above

d. all of the above

If a paralegal suspects that a client seeking a divorce abuses his or her spouse, the paralegal should a. promptly report the matter to the police. b. recommend that the client file for divorce on the fault ground of cruel and abusive treatment. c. listen sensitively and tell no one about the matter because the communication is protected. d. none of the above

d. none of the above