gman101
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On 5/26/2021 at 11:56 AM, Viola said:
Disclaimer: this question does not apply to me. This is for my niece and nephew.
So here is the situation, ny niece and nephew lives with their eldest sister and her family. The eldest sister's live-in partner physically and mentally harms my niece and nephew.
At one point, he punched my niece in the face that she had a black eye just because of an argument regarding household chores. He also shoved my nephew one time.
He regularly berates them and tells them they are just like their dead father.
Is there a law that could protect them? Their eldest sister is also a battered woman but she sides with her partner and not her siblings.
I thought the violence against women and children covers this, but when i read the description this is to protect women in a sexual or romantic relationship.
Since my niece and nephew do not fall under this requirement, will it still be applicable to them?
And are there options for them to report such abuses? My niece is 20 yo and my nephew 15. This treatment apparently has been going for several years.
Thanks in advance.
VAWC Law can apply to your niece’s situation; children or minors do not and are not expected to have a romantic or sexual relationship with the assailant.
In any case, a charge of physical injuries with aggravating circumstance of minority of the victim can also be files especially if the niece was being assaulted before she turned 18.
Best to have her injuries inspected by a medico legal to support her filing of the criminal charges suggested above
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While psychological incapacity may be a valid ground for annulment in your case; the same takes a really long time to resolve. Legal separation may be more to your liking unless you have every intent to marry again.
As for the kids, note that any child 7 and below are always expected to stay with the mother as a general rule. It would need a preponderance of evidence to show that the mother is unfit to take care of your children