JadedGrace
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- Nov 29, 2011
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Lots of maybes here. As I said there is zero proof he had anything to so with Michelle's disappearance. Yes he has a history of violence, but not against his kids. You can't just take a kid away from their parents because he or she shoved someone or got in a fist fight.
I am going to , respectfully, disagree. I am a volunteer victims advocate , we deal mainly with domestic violence cases. Statistically, when domestic violence is occurring in a home that contains children, there is a strong likelihood the children will at some point experience physical violence as well.
Granted- it is not 100% of the time. So you are correct in that one can not assume without a shadow of a doubt the children are at risk -however, it is statistically likely. He didn't "just shove someone or get in a fist fight" he has been charged legally with domestic violence on more than one occasion.
Furthermore - Michelle's older son said in the hearing he witnessed physical abuse against his mother. That is, in itself legally domestic violence against the minor. That was what puzzled me that the judge did not remove custody. It being witnessed by another person , especially a minor in their care, would generally meet criteria for an injunction for protection, and therefore one would think it would meet grounds for the twins to have been put in protective custody. I can only assume the judge denied it because the twins weren't present at that time- only the son, and his custody wasn't in question.
There was a report on a previously filed injunction for protection(filed by Michelle) where she described an incident where he attacked her while holding one of the twins. Had she reported it to the police, rather than just on and injunction application we wouldn't be having this conversation. There would be documented abuse in front of the children in question and the judge would have had grounds to remove the children. Unfortunately, DV is one of the most under reported crimes. Women who have been battered often don't report, for a variety of reasons.
It sucks, it truly does- but those are unfortunately the gray areas we deal with every day with our domestic violence laws.