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Cindy fell deeply in love with Jim and they married; it was her second marriage. She had two children by her first husband and one more since she and Jim married. They owned their own home and both held professional jobs. Shortly after the birth of their daughter, things started getting tense

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Cindy fell deeply in love with Jim and they married; it was her second marriage. She had two children by her first husband and one more since she and Jim married. They owned their own home and both held professional jobs. Shortly after the birth of their daughter, things started getting tense. Cindy felt like she was walking on eggshells because Jim would get angry about the most insignificant things. One day he flew into a rage and hit her; he pulled her across the room by her hair. Afterward he was so sorry, he promised to change. He bought her a gift. Things got really good, like when they had first met—it was great! About 10 months later, he started getting cranky again …

Question: What theory best describes this scenario? What will likely happen next?

Chapter 9: 

Brian obtained a protection order against his same-sex abuser, Tom. The provisions of the court order require that Tom must refrain from abusing, threatening, or attempting to harm Brian in any way. Further, Tom is ordered not to contact Brian or come near his residence. Brian decided to move to another state in order to start a new life without fear. He has learned that Tom is looking for him and he wonders what to do. In the state where he now lives, same-sex partners are not eligible to obtain protection orders.

Question: Is Brian’s protection order enforceable in his new home state?

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Question: What theory best describes this scenario? What will likely happen next?

This is the typical situation that the Cycle of Violence addresses and teaches about. The cycle says that there are three phases to get to violence The tension building stage were in this case Cindy was after having her daughter, anything and everything will make her husband mad, she didn't seem to be right ever, and there was not a way to predict when things were going to get bad. Then after this phase, she went to the violence phase were her husband hit her and pull her across the room, in Cindy case causing a physical abuse. Then after this violent phase ended, he showed remorse and he felt sorry, he bought her gifts and has been like when they met, he is trying to draw her back to the relationship and make her feel that that was an isolated episode of violence. The problem is that the cycle is most likely repeating again because domestic violence is not an isolated episode. Since the cycle is already repeating with the tension building phase, it won't take too long for him to get aggressive and abusive again, and if she doesn't stop the cycle, she will get hurt again soon. We have to remember that the more times the cycle is completed, the less time it takes to complete. I will suggest to Cindy, to seek help before it is too late.

Question: Is Brian’s protection order enforceable in his new home state?

Yes. Brian's protection is enforceable in his new home state

The law can vary quite a bit from one state to another such that what is legal in one state is perfectly illegal in another. Nevertheless, there are some laws that apply in all states. Laws regarding abuse or domestic violence are fairly far reaching. Restraining orders can be obtained in any state but can still be enforced while in another state. If you have a restraining order issued in Texas, the order will still be active even if you move to California. To ensure protection, Brian is required to have the copies of the restraining order at all times to get required protection from the law enforcement agencies in the state of residence.

According to Hausner (2021),
"The abuser is bound by terms and conditions of the order of protection and may be arrested and charged with violating the order and committing other substantive crimes wherever the abuser violates a valid order. It does not make any difference where the order was granted. The abuser must be arrested for a violation of an order of protection if the law of jurisdiction where the violation occurred requires an arrest (para. 2)".

References
Hausner, D. (2021, March 25). Enforcement of out of state protective orders. The Maryland People's Law Library. https://www.peoples-law.org/enforcement-out-state-protective-orders

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Answered on June 28, 2021 3:06 am

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