Originally posted by StillPaying
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I think what you are all missing is this is not about a perceived setup for abuse- it's substantiated. Most of the perpetrators of IPV aren't being found guilty through the family court system- I would hazard a guess that in most cases there is usually some record of a criminal acts. In any case- the fact that you can consolidate the claims into one process offers more access to justice to the victims.
It's also why there is a push towards consolidating the criminal and family courts. Again- bottomline- keep your mf'ing hands to yourself. Don't be an asshole. A marriage is supposed to be an equal partnership where there isn't force exerted on one party by another to create an imbalance of power. If there is- if it can be proven - then there is now a means to claim your damages through the family court process.
Now. Am I afraid that this is going to open a floodgate of unscrupulous claims? Yes. But we have that in personal injury law as well. Just because the determination of truth may be difficult doesn't mean that access to justice should be denied.
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