Your email address:

Powered by FeedBlitz

My Photo


Top 100 Family Law Blogs

All Top Family Law Blogs

Top Family Law Blogs

Justia Family Law Blawgs


« Facebook or Fakebook? | Main | Sudden Divorce Syndrome: Reality or Myth? »


Doug Dante

As a non-lawyer, I believe that completely isolating a deployed military parent from her or his children may be reasonably considered domestic violence perpetrated against the deployed parent and the child under Michigan's existing statutes.

In particular domestic violence is defined in MCL 400.1501 as:

(d) “Domestic violence” means the occurrence of any of the following acts by a person that is not an act of self-defense:

(i) Causing or attempting to cause physical or mental harm to a family or household member.

(ii) Placing a family or household member in fear of physical or mental harm.

(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.

(iv) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(e) “Family or household member” includes any of the following:

(i) A spouse or former spouse.

(ii) An individual with whom the person resides or has resided.

(iii) An individual with whom the person has or has had a dating relationship.

(iv) An individual with whom the person is or has engaged in a sexual relationship.

(v) An individual to whom the person is related or was formerly related by marriage.

(vi) An individual with whom the person has a child in common.

(vii) The minor child of an individual described in subparagraphs (i) to (vi).

Domestic violence as defined by statue to me is applicable, because:

Preventing a parent and a child from having a mutually loving relationship can cause both mental harm (d)(ii). A parent or child who is afraid that their relationship is being destroyed is in fear of mental harm (d)(iii). A parent or child who is terrorized because they are punished when they express love for a family member, is frightened or intimidated into not expressing such love, harassed or molested when they express love (d)(iv) is a victim of domestic violence. Family or household members include people who have a child in common (e)(vi) and the minor of such a union (e)(vii).

If I were such a parent, I would seek the advice of a good lawyer to the extent possible. The military may have legal services available for victims of domestic violence.

The comments to this entry are closed.


October 2021

Sun Mon Tue Wed Thu Fri Sat
          1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30

Other Resources


Blog powered by Typepad