{"id":875,"date":"2012-08-20T13:30:43","date_gmt":"2012-08-20T13:30:43","guid":{"rendered":"https:\/\/thedurstfirm.com\/?p=875"},"modified":"2012-08-15T13:39:27","modified_gmt":"2012-08-15T13:39:27","slug":"parents-have-obligation-to-protect-child-from-abuse-even-when-the-other-parent-is-the-abuser","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=875","title":{"rendered":"Parents have obligation to protect child from abuse &#8211; even when the other parent is the abuser"},"content":{"rendered":"<p>In a recently decided case that was approved for publication, the court stressed the responsibility of a fit parent to protect a child from an unfit parent.\u00a0 While this may seem like common sense, it is a responsibility that can become complicated to act upon when the abuser is the other parent.\u00a0 The fit parent could also be a victim of domestic violence and this may make him or her unable to stand up to the abuser.\u00a0 The key is early intervention and obtaining a domestic violence restraining order to stop the cycle of abuse.<\/p>\n<p>&nbsp;<\/p>\n<p><strong><a href=\"http:\/\/preview.www.law.com\/jsp\/nj\/PubArticleNJ.jsp?id=1202567493470\">FIT PARENT WHO FAILED TO PROTECT FROM UNFIT ONE LOSES HER RIGHTS<br \/>\n<\/a><\/strong>New Jersey&#8217;s high court has declared that even a worthy mother can lose her parental rights if she fails to protect her children from an abusive father. &#8220;The issue before the trial court was not whether [the mother] was an inherently unfit parent incapable of raising a child,&#8221; the court held in <em>DYFS v. F.M.<\/em>, A-108-10. &#8220;Rather, it was whether [she] was capable of protecting her children from their unstable and potentially violent father, who refused to seek appropriate treatment to curb his drug abuse and address his mental illness.&#8221; The court affirmed a Passaic County judge&#8217;s ruling that consideration of all relevant factors weighed in favor of terminating the rights of the mother in two children.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In a recently decided case that was approved for publication, the court stressed the responsibility of a fit parent to protect a child from an unfit parent.\u00a0 While this may seem like common sense, it is a responsibility that can &hellip; <a href=\"https:\/\/thedurstfirm.com\/?p=875\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false},"categories":[28,27],"tags":[36,32],"class_list":["post-875","post","type-post","status-publish","format-standard","hentry","category-durstfirm-news","category-durst-on-divorce","tag-domestic-violence","tag-durst"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-e7","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":1085,"url":"https:\/\/thedurstfirm.com\/?p=1085","url_meta":{"origin":875,"position":0},"title":"NJ Domestic Violence statute held to protect a fetus","author":"Sandy Durst","date":"May 7, 2013","format":false,"excerpt":"In an interesting decision released today, NJ Superior Court Judge Lawrence Jones expanded the scope of those who are to be protected under the NJ Domestic Violence Law.\u00a0 It stands to reason that the adult victim can seek protection from abuse whether she was pregnant or not.\u00a0 In this groundbreaking\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2037,"url":"https:\/\/thedurstfirm.com\/?p=2037","url_meta":{"origin":875,"position":1},"title":"Domestic violence victims are entitled to an award of attorney&#8217;s fees","author":"Sandy Durst","date":"February 15, 2016","format":false,"excerpt":"The damage caused by acts of domestic violence can be significant and long lasting. Beyond the on obvious physical and emotional harm is financial harm. \u00a0Being forced to incur legal fees to protect yourself from abuse may seem unfair. New Jersey law agrees.\u00a0 In an effort to make the victim\u2026","rel":"","context":"In &quot;Durst on Divorce&quot;","block_context":{"text":"Durst on Divorce","link":"https:\/\/thedurstfirm.com\/?cat=27"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":966,"url":"https:\/\/thedurstfirm.com\/?p=966","url_meta":{"origin":875,"position":2},"title":"Parent committed child abuse by making false claims of sexual abuse","author":"Sandy Durst","date":"December 5, 2012","format":false,"excerpt":"Parties going through a divorce often seek out any advantage they belief will give them the upper hand and increase their chances of realizing a favorable outcome.\u00a0\u00a0 When dealing with the emotional issue of child support and custody, parents often feel compelled to exaggerate or even fabricate allegations which would\u2026","rel":"","context":"In &quot;Durst on Divorce&quot;","block_context":{"text":"Durst on Divorce","link":"https:\/\/thedurstfirm.com\/?cat=27"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2706,"url":"https:\/\/thedurstfirm.com\/?p=2706","url_meta":{"origin":875,"position":3},"title":"If I didn&#8217;t get hit, is it still domestic violence?","author":"Sandy Durst","date":"September 14, 2020","format":false,"excerpt":"The immediate answer is a definitive YES. Many people are under the false impression that domestic violence requires physical violence for the Court to protect the victim by entering a Temporary Restraining Order (TRO) or a Final Restraining Order (FRO). It is important for both sides - the victim and\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":976,"url":"https:\/\/thedurstfirm.com\/?p=976","url_meta":{"origin":875,"position":4},"title":"Were your custodial rights impacted by false claims of sexual abuse? Noted Psychologist has license revoked.","author":"Sandy Durst","date":"December 6, 2012","format":false,"excerpt":"In the most recent\u00a0 turn of events\u00a0in a saga that \u00a0is tragic on many levels, psychologist Marsha Kleinman has had her license revoked after it was determined that she she coaxed at least one child into making false allegations of sexual abuse against her father and purposely misleading the court.\u00a0\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2001,"url":"https:\/\/thedurstfirm.com\/?p=2001","url_meta":{"origin":875,"position":5},"title":"Can past acts of domestic violence be considered at my FRO hearing?","author":"Sandy Durst","date":"January 25, 2016","format":false,"excerpt":"New Jersey takes protecting victims of domestic violence very serious. \u00a0But in doing so, the law must also protect the due process rights of the alleged abuser. \u00a0When seeking a Temporary Restraining Order or a Final Restaining Order, the victim must identify and prove beyond a preponderance of the evidence\u2026","rel":"","context":"In &quot;Durst on Divorce&quot;","block_context":{"text":"Durst on Divorce","link":"https:\/\/thedurstfirm.com\/?cat=27"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/875","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=875"}],"version-history":[{"count":3,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/875\/revisions"}],"predecessor-version":[{"id":877,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/875\/revisions\/877"}],"wp:attachment":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=875"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=875"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=875"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}