Deck 12: Domestic Violence

Question 1

The appointment of a nonparent as a conservator of a child requires

A) the nonparent to show by a preponderance of the evidence that the natural parent would significantly impair the child physically and mentally if awarded custody
B) that the nonparent be in a better financial position than the natural parent seeking custody
C) the nonparent to show beyond a reasonable doubt that the natural parent would significantly impair the child physically and mentally if awarded custody
D) evidence that the natural parent is a victim of spousal abuse

Answer 1

A

Question 2

A friendly parent provision

A) requires or suggests that a court discern each parent's ability to deal with the other in a pleasant and ongoing relationship during a custody dispute
B) is required by all 50 states when domestic violence is present
C) ensures that the best interests of the children are being met
D) is welcomed by battered spouses as an important part of a fair custody agreement

Answer 2

A

Question 3

A guardian ad litem was appointed in the case In the Interest of Betty J. W., Dorothy N. W., James E. W., Sandra K. W., and Cassie A. W. to

A) protect the interests of the children only
B) protect the interests of the children's father
C) protect the rights of the mother and ensure she received custody of the children only
D) protect the rights of the mother and ensure she received custody of the children, and to protect the interests of the children
E) None of these choices is correct.

Answer 3

A

Question 4

The Violence Against Women Act is important because

A) All of these choices are correct.
B) it mandates that all states recognize and respect one another's protection orders
C) it makes it a federal crime to cross state lines to injure or threaten one's spouse
D) it makes it a federal crime to cross state lines and violate a state protection order

Question 5

A woman who has been battered by her husband will not have to allow her husband visitation rights for children who were not abused.

Question 6

Courts do not consider the presence of domestic violence when determining the best interests of children.

Question 7

Under the Violence Against Women Act (VAWA), proof of specific intent is not required to prove that a crime occurred; the showing of the history of a violent spouse is sufficient.

Question 8

All natural parents have a constitutional right to the custody of their children; this is known as parens patriae .

Question 9

When handling a client's divorce, an attorney should

A) address any domestic violence issues to provide the best representation
B) ignore any domestic violence issues to make sure the client is not embarrassed
C) not worry about domestic violence issues, as they are never part of a client's reasons for divorcing
D) not worry about domestic violence issues, as they are rarely seen in the higher economic levels of society

Question 10

A request for a protection order should

A) be specific as to requests and include supervised child visitation
B) ask for protection in a general fashion
C) be specific as to requests only
D) include supervised child visitation only
E) not be necessary once the battered spouse leaves the home

Question 11

What percentage of domestic violence victims are women?

A) 95 percent
B) 50 percent
C) 75 percent
D) None of these choices is correct.

Question 12

What type of court order can an attorney request when faced with a client who describes episodes of domestic violence?

A) TRO
B) TKO
C) KO
D) judgment
E) RO

Question 13

_____ is the single greatest cause of injury to American women.

Question 14

A characteristic of the battered woman syndrome is the ability of the victim of spousal abuse to terminate the abusive relationship because of an overwhelming feeling of helplessness and low self-esteem.

Question 15

A/An _____ (TRO) is one type of document that a victim of domestic violence can seek from a court.

Question 16

Understanding why domestic violence occurs is important because

A) All of these choices are correct.
B) someone who has never experienced domestic violence may mistakenly think that the first time it occurs, the victim always immediately leaves the batterer
C) a domestic relations practice will handle domestic violence cases
D) a violent spouse's actions can endanger a law practice

Question 17

The courts have ruled that although an abuser may not benefit from his or her acts of abuse in a custody battle, the abuser's parents are not held to this standard.

Question 18

An attorney or a paralegal should never become involved with a client's plans to escape his or her home or workplace, as this may increase the violent nature of the client's spouse.

Question 19

Confidentiality is of utmost importance to a battered spouse. However, an attorney or a paralegal who has a battered person for a client must supply the client's address, name, and Social Security number changes to the attorney representing the spouse of the battered person.

Question 20

Under the Violence Against Women Act (VAWA), federal law mandates that all states must recognize and respect one another's _____.

Question 21

The importance of maintaining _____ in domestic violence cases cannot be overstated. In some situations, if a battered spouse is unable to keep her location secret, the possibility of violence looms constantly overhead.

Question 22

When a spousal abuse victim files a domestic violence complaint and a judge issues an order without the defendant's being present or answering the complaint, the complaint is known as a/an _____ complaint.

Question 23

Attorneys and paralegals should be prepared to help battered clients develop a/an _____ for escaping their workplaces or homes, if needed.

Question 24

Under the doctrine of _____, spouses were not allowed to sue one another.