Domestic Violence

Flint Divorce Lawyer talks about The Mel Gibson domestic violence case as a classic example of what happens in private from publicly looking responsible people who engage in domestic violence.


BITTER CUSTODY FIGHT, IS THIS AN EXCUSE?

Gibson, 54, and Grigorieva, 40, are now locked in a bitter custody dispute and the superstar facing domestic abuse allegations and the fallout from leaked audiotapes in which Gibson berates and threatens Grigorieva during profane rants. [1]

DEATH THREAT

On a new recording released today, 07/12/2010, Mel Gibson allegedly threatens to "bury" the mother of his child. Although just one listen and it's clear the actor's digging his own grave.[3]

TAPES RELEASED
A source close to the case claims the tapes were recorded in February on the heels of a heated exchange in January. [1]

WAS MOM SHAKING THE BABY?

Both sides agree they argued in January but differ on what exactly transpired. Grigorieva claims Gibson punched her in the face "more than once," breaking a tooth and knocking out a veneer. Another Gibson source says the actor only "tried to stop [Oskana] from shaking their baby like a ragdoll" during the altercation. [1]

ANOTHER HOLLYWOOD IDOL IN DOMESTIC VIOLENCE, MEL IS NOT ALONE.


Charlie Sheen's hearing for domestic violence, which was scheduled to begin today, has been delayed until August 2, 2010 -- just as filming for the new season of Two And A Half Men is due to begin.[4]


IT’S A PATTERN OF BEHAVIOR

Domestic violence ,said Flint Divorce Attorney Terry Bankert ,is a pattern of behavior in
which one intimate partner uses physical violence, coercion,
threats, intimidation, isolation or emotional, sexual
or economic abuse to control the other partner in the
relationship.

PERSONAL CHOICE, HABIT?



Domestic violence occurs when one household member chooses to use a pattern of physical assaults, threats of violence, and emotional abuse to maintain power and control over another. All 50 states have statutes authorizing courts to issue orders of protection to domestic violence victims. [5]



IS PPO AN OPTION?

In Michigan, a victim of domestic violence may obtain a personal protection order (PPO) to enjoin abusive behavior. PPOs may enjoin specific actions, such as assaulting, attacking, beating, molesting, stalking, or wounding the petitioner. In addition, they may prohibit entering specific premises, usually including the petitioner’s home and place of employment. They may also prohibit the removal of minor children from the legal custodian, purchasing or possessing a firearm, and any other act that interferes with the petitioner’s personal liberty or that causes a reasonable apprehension of violence. [5]





DOMESTIC VIOLENCE IS MORE THAN POOR COUPLES HITTING EACH OTHER



A divorce Attorney points out Domestic violence does not necessarily
involve physical violence and it equally affects all
aspects of our society, rich or poor, regardless of race,
ethnicity, religion or national origin.

DOMESTIC VIOLENCE IS WIDE SPREAD
Domestic violence is an epidemic. One out of nearly
every three women will be the victim of domestic violence
in her lifetime. Between three and ten million
children are exposed to domestic violence every year
and that exposure has a negative impact on their development.

HOLLYWOOD KEEPS DOMESTIC VIOLENCE QUIET

when it comes to Mel Gibson, who seems to have offended everyone possible with his racist, sexist, anti-Semitic, and outright terrorist rants in the tapes that have been “leaked” to the world over the past week, Hollywood seems to be keeping its usually highly-opinionated mouth closed.[2]





SPOUSES ARE AWARE OF HOW BAD THEIR ACTIONS ARE

The troubled state of his relationship with girlfriend Oksana Grigorieva was not lost on Mel Gibson. "He realized how unhealthy the relationship was and recognized that they were in a bad place and he was getting his buttons pushed," a friend tells [1]



WHAT ARE EXAMPLES OF DOMESTIC VIOLENCE

Domestic violence is defined as a pattern of behavior used to establish power and control over another person through fear and intimidation, often including the threat or use of violence. National Coalition Against Domestic Violence, at http://www.ncadv.org. In addition to physical violence, abusers may use many forms of control against their partners, including

isolation from friends and family;

verbal abuse (belittlement, taunting);

intimidation (destroying property, abusing pets, displaying firearms);

economic abuse (controlling access to money, preventing or interfering with employment);

coercion (threatening to commit suicide or to report incidents to protective services);

use of the children (harassment during parenting time, threatening to kidnap the children);

sexual abuse; and

stalking.[5]







DOMESTIC VIOLENCE CAN MOVE FROM SPOUSE TO CHILDREN


Moreover, studies indicate that forty to sixty
percent of men who abuse women also abuse children



Posted here by

Terry Bankert

http://attorneybankert.com




[1]

http://www.people.com/people/article/0,,20401383,00.html

[2]

http://www.foxnews.com/entertainment/2010/07/13/isnt-hollywood-outraged-mel-gibsons-racist-sexist-rants/

[3]

http://ca.eonline.com/uberblog/b189914_death_threats_admission_of_violence.html

[4]

http://www.examiner.com/x-36751-Canada-Celebrity-Headlines-Examiner~y2010m7d12-Charlie-Sheen-hearing-delayed-until-August--filming-jeopardized



[5]

Michigan Family Law ch 18 (Hon. Marilyn J. Kelly et al eds, ICLE 6th ed 2004), at http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2004553510&chapter=18

(last updated 07/02/2010).

In Flint MI divorce court, nobody has a right to hit you.

FLINT DIVORCE LAWYER BANKERT COMMENTS ON KIM KARDASHIAN AND DOMESTIC VIOLENCE. POINT OF VIEW:IF THIS HAPPENED IN MICHIGAN.
4/26/2010

Terry Bankert a Flint Michigan Divorce Attorney comments on the following celebrity domestic relations and the issue implications from a Michigan Family Law view.

DOMESTIC VIOLENCE
New divorce court papers reveal Kim Kardashian's tumultuous relationship with ex-husband and music producer Damon Thomas, including the claim that Thomas punched Kardashian in the face and slammed her against the wall. [1]

DID YOU KNOW: Domestic violence happens when one household member , spouse , romantic interest or just room mate, chooses to use a pattern of physical assaults, threats of violence, and emotional abuse to maintain power and control over another.

Americas 50 states all have statutes authorizing courts to issue orders of protection to domestic violence victims.



NO POLICE CALLS, NO PPO
Why no police reports? Abject fear. "I thought about calling the police but was afraid and decided not to do so," Kardashian reported.[4]

In Michigan, a victim of domestic violence has the option of obtaining a personal protection order (PPO) to stop abusive behavior. PPOs may order a stop to specific actions, such as assaulting, attacking, beating, molesting, stalking, or wounding the petitioner. Additionaly, they may prohibit entering specific premises, usually including the petitioner’s home and place of employment. PPO’s may also prohibit the removal of minor children from the legal custodian, purchasing or possessing a firearm, and any other act that interferes with the petitioner’s personal liberty or that causes a reasonable fear of violence.


CONTROLLING
The papers also claim that Thomas gave her $3,650 to get liposuction, because he wanted her to be "perfect." [1]

During their divorce in 2004, Kim revealed in a sworn testimony that she was instructed to have liposuction, was treated like a maid and that music producer Damon had threatened to kill her.[3]

DOMINATING
"Damon decided what we would do and when we would do it. He was very much the 'King of the castle," Kardashian stated in the documents. [1]
THEATS OF VIOLENCE TO HER FAMILY
"He threatened to kill me, my family members and the guys that I am dating."
But that wasn't the only threat against her life, he repeated it at least 12 times. "At this point, I am frightened by the stories that are repeated to me." [2]

INDICATORS OF DOMESTIC VIOLENCE
Domestic violence is a pattern of behavior whose purpose is to establish power and control over another person through fear and intimidation, often including the threat or use of violence. National Coalition Against Domestic Violence, at http://www.ncadv.org.
Domestic Violence is not limited to physical violence, abusers may use many forms of control against their partners, including
isolation from friends and family;
verbal abuse (belittlement, taunting);
intimidation (destroying property, abusing pets, displaying firearms);
economic abuse (controlling access to money, preventing or interfering with employment);
coercion (threatening to commit suicide or to report incidents to protective services);
use of the children (harassment during parenting time, threatening to kidnap the children);
sexual abuse; and
stalking.


SHOULD SHE HAVE SOUGHT A PPO?

Nobody has a right to hit you. But you have to act. A PPO is one way.

PPOs have two types that may be issued, depending on the relationship between the parties. A domestic relationship PPO enjoins certain assaultive and threatening behaviors when there is a domestic relationship between the parties. A domestic relationship exists if the parties are or have been married, have had a child in common, have lived together, or have dated.

WHAT BEHAVIOR CAN A PPO STOP OR AT LEAST GIVE THE POLICE A REASON TO ARREST?
What acts may a domestic relationship PPO restrict? Petitioners may request that the court prohibit respondents from the following:
(a) Entering onto premises.
(b) Assaulting, attacking, beating, molesting, or wounding a named individual.
(c) Threatening to kill or physically injure a named individual.
(d) Removing minor children from the individual having legal custody of the children.
(e) Purchasing or possessing a firearm.
(f) Interfering with petitioner’s efforts to remove petitioner’s children or personal property from premises that are solely owned or leased by respondent.
(g) Interfering with petitioner at petitioner’s place of employment or education or engaging in conduct that impairs petitioner’s employment or educational relationship or environment.
(h) Having access to information in records concerning a minor child of both petitioner and respondent that will inform respondent about the address or telephone number of petitioner and petitioner’s minor child or about petitioner’s employment address.

(i) Engaging in conduct that is prohibited under section 411h or 411i of the Michigan penal code (stalking).
(j) Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence.
MCL 600.2950(1).



SHORT TERM MARRAIGE
The two were marred in Las Vegas when Kardashian was 19, Thomas 29. They divorced three years later.[1]

Posted here by
Terry Bankert
WWW.ATTORNEYBANKERT.COM



SEE

[1]
http://abcnews.go.com/Entertainment/slideshow/survivors-abuse-7057338
[2]
http://www.hindustantimes.com/Kardashian-s-bad-marriage/H1-Article1-535226.aspx
[3]
http://www.mirror.co.uk/celebs/news/2010/04/24/court-papers-reveal-kim-kardashian-s-abusive-four-year-marriage-115875-22208181/
[4]
http://www.sheknows.com/articles/814830/kim-kardashian-papers-detail-abuse-at-hands-of-ex-1