Archive for June, 2010

Can An Order Of Protection Include Animals?

Thursday, June 17th, 2010

Can An Order Of Protection Include Animals?

Effective July 29, 2010, Senate Bill 1266 which was passed into law (Ch. 276)(2010), will allow a party obtaining an Order of Protection to obtain exclusive custody of a pet or animal and preclude the other party from coming near the animal.

Specifically, the new law states that the “judicial officer may also grant the plaintiff the exclusive care, custody, or control of any animal that is owned, possessed, leased, kept, or held by the plaintiff, the defendant, or a minor child residing in the residence or household of the plaintiff or the defendant, and order the defendant to stay away from the animal and forbid the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of Section 13-2910, or otherwise disposing of the animal.”

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Spanking and Discipline During and After an Arizona Divorce

Wednesday, June 9th, 2010

Spanking and Discipline During and After an Arizona Divorce

While there is no law against spanking children as part of an overall discipline system, and many mental health professional agree that an occasional and properly used spanking may be an effective tool in raising children, parents going through a divorce or who have gone through a divorce should be very cautious about spanking their children.

During marriage, when both parents are working together as a team and support one another, spanking may be appropriate.  However, too often a spanking during a pending divorce or after a divorce may be blown out of proportion and designated by the other parent as child abuse or abusive behavior.  An unsporting parent can use a spanking to turn children away from the spanking parent as a form of parental alienation, or use the incident to commence a long and drawn out court battle.

Additionally, a spanked child that is in a loving home with two loving parents may receive a completely different message than would a child who is filled with self-doubts and confusion caused by the loss of his or her family and the structure that he or she was accustomed to prior to the divorce.  Children struggling with emotional setbacks may not respond the same to a spanking.

Furthermore, even if eventually proven to not have been abusive, the financial costs of defending oneself against a potential criminal child abuse case and a family law custody battle simply make it not worth the risk to spank a child or use any other form of physical punishment.

There are many books available, and counselors with whom one may speak with regarding alternate forms of discipline and punishment that may be more appropriate.

While it is important to maintain discipline during and after a divorce, one should be cautioned to consider the possible consequences before choosing to spank a child.

Please feel free to contact our firm for a free telephonic consultation.