Domestic Abuse Laws
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|Tue, 11-19-2013 - 8:12pm|
I am actually writing for a little bit of legal advice regarding my brother. I have googled and come up with a lot of generalities, but I can't find anything concrete. He has been with a woman for close to four years. She showed up "pregnant" after a brief fling (he ended it because she was way too intense for him), and he has taken on the duty of partner and father. He has bought a house, gotten a job, supported her while she went to school and even (agreed?) to have a second child who was born this year. She is definitely the most unlikeable person I have ever met (and not just because I am a loyalist to my brother). She constantly berates him, calls him a loser, dictates who he is allowed to see and be friends with, and on more than one occasion has been physically violent with him. Apparently one of those times (according to him, which I believe because of how broken up he is about it) he lost his temper and hit her back. She took photos of "bruises" and told him if he ever tries to leave her, she will use them to make sure he never gets custody or visitation. She never reported anything to anyone. she immediately used it as leverage. She also has threatened to have a restraining order placed against my mother if she tries to talk to my brother or see their children. My brother is 100% convinced that he will never see his kids again if he leaves, but I am afraid he is really going to snap one day if he stays. He has been working two jobs, but just got laid off and can barely afford to keep the lights on in his home as she went out and bought a Mercedes right around the time his (their) house was in the process of being foreclosed.
Anyway, I want to help him at least get a little bit of confidence that she would not be granted full custody based on a couple of photos with no incident report. I am trying to find definite laws that I can send to him so he at least knows she has no legal grounds for what she is threatening. Does anyone know anything?
ETA: I am NOT in anyway condoning my brother's behavior. I am shocked and appalled by the fact that he hit her ever. He and were not raised in that kind of family, and he has always been an easygoing peacemaker, so if you know him, you know this is completely out of character for him. I don't want to say he is blamefree at all. I just want to know legally what his rights are.