For the purpose of the paper, I will summarize the facts and leading events of the case of Elenita L and Romer N. Fajota. As reading through this trial I discovered that judges don’t always make the right decision for families or individuals. Likely in this case it is presentably true. Elenita and Romer got married in June 2005 and have three minor children together. As their marriage progressed, in the beginning of the year 2006, Romero became physically violent against Elenita. Romer committed various acts of violence against her and stated in court that it continued “even while pregnant with their second child”. But however, from 2006 to 2008 the violence continued against Elenita and her children. As the domestic violence continued, Elenita filed a …show more content…
In the same year, Elenita moved to Texas with her children. There she determined to begin a new life in peace. However, that didn’t last long until Romer followed them to Texas. The parties divorced in Texas In 2010. Likely, after a couple of years the family moved back to California in spring 2012 and remarried for the second time in October 2012. The remarriage of the couple clarified that Elenita had forgive him for the abuse against her. Unlikely, three months later after the remarriage, Elenita found that Romer has been unfaithful. Again the violence began. Literally nothing changed and in march 2013 Elenita decided to end the relationship. When attempting to leave in April of 2013, Romer pinched Elenita until she started bleeding. Later he continued the physical abuse in the presence of the children. Voluntarily he left that same night but once again Elenita filed for a Domestic Violence Restraining Order. On April 29,2013 she was granted only temporary order and was effective till May 15, 2013. Along with it she too, received temporary sole and physical custody of her children. On May 14, 2013, Elenita filed for dissolution of marriage and on the next day
Therefore, this case plays on the idea that, when an individual feels his or her life to be in danger, self-defence is accurate. In the case of Ms. Lavallee, both reasonableness and ethics were questioned. Since Ms. Lavallee is a victim of battered woman syndrome, when she pulls the trigger at that life-threatening moment, cannot be understood except in terms of the cumulative effect of months or years of being brutally abused. Overall, this case is an exceptional example of how self-defence comes to play within the criminal justice system. It is important for the law to revaluate cases for a better understanding of the balance of inclination over pain. For instance, although Lavallee was thinking that her life was in danger with action she committed, there is reason and story behind her crime. When the case is viewed from this perspective, it becomes clear that the battered woman’s knowledge of her partner’s violence was so profound that she knows the extent and nature of the violence beforehand, which allowed her to determine that this time it was different, and would probably result in life threatening
Facts: Plaintiff Donald Eschbach and Defendant Rite Eschbach were married in 1963 and divorce in 1979 the courts granted Plaintiff Eschbach the divorce on the basis of the couple lived separate and apart pursuant to a separation agreement for one year. The custody of the couple three children was granted to the mother to an oral stipulation of the parties entered in the minute of the court at inquest of the hearing held on January 1979. The stipulation, which also provided visitation rights for the children’s father, was incorporated but not merged in the judgment of the divorce.
basically disowned him. Her new identity name was Teresa Davis. She is struggling with lung
Pennington, B, E., S. (2014, September 19). In Domestic Violence Cases, N.F.L. Has a History of Lenience . Retrieved from
In July of 2008, one of the biggest crime cases devastated the United States nation-wide. The death of Caylee Anthony, a two year old baby, became the most popular topic in a brief amount of time. Caylee’s mother, Casey Anthony, became the main suspect after the child supposedly was kidnapped and went missing. To this day, the Casey Anthony case shocks me because justice, in my opinion, wasn’t served. I feel as if the criminal conviction system became somewhat corrupted in this case. The entire nation, including the court system, knew that Casey Anthony was behind this criminal act, but yet she escaped all charges. I chose this case not only because it’s debatable, but also to help state the obvious, this case was handled the wrong way. Clearly the legal system was biased, which worked in Casey Anthony’s favor, freeing a murderer.
and her child that was afflicted with a behavior change that he allegedly cured within a
As a consequence, the father who owned two successful companies decided to appeal. He claimed that the order awarding shared custody was improper because the trial court abused its discretion. Furthermore, none of the parents asked for shared physical custody and the Dissolution of Marriage Act includes solely the right to visit the child for a non-custodial parent, and the findings were supported by evidence. The court of appeals affirmed the trial court’s decision after considering the factors stated by IN Code § 31-17-2-8, and finding out that the share physical custody was not forbidden by statute. After reviewing the findings made by the trial court, the appellate court found that the mother had been the primary caretaker of the child ,as well as both of partners made a superb job parting the child. Furthermore, the evaluator appointed by the court suggested that the sole custody of child should be awarded to the father ,and many visitations should be granted to the mother, however, the evaluator confessed the mother would be able to visit the child many times owing to the fact that she would look for a full-time job. In addition to that the court noticed that the father was going to hire caretaker over the mother. Moreover, the detective was hired by the father to watch the mother testified that the mother had not done any inappropriate action with her child as well as another testimony made by a former mother supporting the mother . Finally, the court is not required to follow what the evaluator’s opinions related to the child
The eighth law that can cause a crime to be viewed as a capital crime is “the person murders an individual under six years of age.” (Pilgrim 06) Prolonged media attention reflecting cases on capital crimes committed by women, causes cases to have extreme bias, and causes the judge or jury to neglect the actual case. This is mirrored by the circumstances of the case involving the 2008 disappearance and murder of Caylee Anthony the suspected killer which was the child’s own mother, Casey Marie Anthony. Casey Anthony, the mother of then three-year old daughter Caylee Anthony, was believed to have murdered her daughter in order to avoid parental responsibilities. Although an overwhelming amount of evidence backing up claims and beliefs that Casey Anthony was in fact the perpetrator of the murder, including forensic data connecting decomposition remains of the child to Anthony’s car during the time of the child’s disappearance, and FBI attained data comprising of Google search terms including methods involved in the murder of Caylee from a comp...
Legal Advocacy Network Webinar Series: 83rd Legislative Session Update. (n.d) Retrieved Feb 09 2014, from Texas Council On Family Violence Web Site: https://ce.tcfv.org/index.cfm?pg=semwebCatalog&panel=showSWOD&seminarid=4780
The article is predominantly a court dialogue of the Bradley’s and any witnesses about the alleged abuse from Mr. Bradley against Mrs. Bradley. Providing pictures of strangulation marks, blackened eyes, and witnessed whom Mr. Bradley threatened and or harassed, Mr. Bradley found a rebuttal for each of the claims. The answers that Mrs. Bradley provided Judge for his questions showed how hard it was for her to leave her husband, how scared she and her family were. This article also provides information about voicemails Mr. Bradley left her parents threatening to kill their daughter if they didn’t send her back to his home. The article discusses in detail their treacherous relationship and Mrs. Bradley’s death. The article is from a periodical and was not peer reviewed, however the article is a dialogue from court with no personal opinion from the author. I believe this to be my strongest
It is common knowledge that Ray Rice used his wife as a punching bag in the elevator of an Atlantic City casino. What is truely remarkable is that his fiancé became his wife after that vicious left hook to the face left her unconscious. Why do women stay with men who beat them unconscious? Domestic violence is a serious and complex plague of society that affects all, but women make up the largest number of victims in most case studies. In the United States alone, '1.5 million women are raped or physically assaulted by an intimate partner each year. More than 500,000 women victims require medical treatment, and 324,000 victims are pregnant at the time of assault' (Berlinger, 'Taking' 42). Numbers like these show how intense the situation of domestic violence truly is. 'Two women a week are killed by a current or former partner and domestic violence accounts for 22% of all recorded violent crimes' (Jamil 70). Domestic violence takes such a large number in percentages regarding violent crimes, yet often is dismissed by many with the idea that 'this won't happen to me'. Somehow, somewhere, domestic violence will touch everyone whether by someone they know or by televised publication. Though domestic violence affects men as well, the female subject is more often the victim. Domestic violence has a continuous cycle that has been influenced since birth and can be stopped with intervention but each victim's reason for staying will vary.
(Now, in 2011, those attitudes and beliefs have become imbedded into law and practice, particularly since the O.J. Simpson trial, and it is even more difficult to attempt a discussion on these issues. In an increasing number of occasions, the laws passed to control domestic violence have become a form of violence in themselves. However, the idea that at least occasionally these laws, and their enforcement, may be a source of social problems, rather than the solution, is ignored or shouted down.
Divorces are easy to obtain in the United States but the decision needs to be carefully examined. According to statistics, “divorce makes sense in the 10 percent to 15 percent of troubled marriages that involve high-level and persistent conflict with severe abuse and physical violence” (Dafoe 1). In the other 85 to 90 percent of marriages, the marriage can and should be reconciled. Many couples simply take the easy way out, find a lawyer, and end the marriage without ever trying to examine whether or not a conclusion can be reached other than divorce.
This crime took place at different time era, where domestic violence, wasn’t brought to the attention of the courts and the public. In article written by Find law, “Domestic violence became an increasingly popular issue in the 1970s and 1980s. As awareness for violence between intimate partners grew, so did criticism on the manner in which police were responding to the issue. Many believe that police don 't take domestic violence calls seriously because police intervention would be inappropriate in what some may deem a family matter
Coltrane, Scott, and Michele Adams. "The Social Construction of the Divorce "Problem": Morality, Child Victims, and the Politics of Gender." Family Relations 52.4 (2003): 363-72. Print.