Name: Jerry Lewis
Office Sought:
Delegate 23A
Position Survey
Response: Preferential treatment should be shown to either party who has established that he/she as well as the children has been the victim of abuse by the other party. Additionally, where it has been established that one party is addicted and that there is a basis of concern for violence, abuse or other ongoing undesirable behavior connected to the addiction then the other party should receive preferential treatment.
Circle One: 100%, 90%, 80%, 70%, 60%, 50%, 40%, 30%, 20%, 10%.
Based on (a) news reports, (b) case statistics, (c)
prosecutions, (d) research studies, (e) other.
Response: 60% based on news reports, research and my
experiences as an attorney. Domestic violence against men largely goes unrecognized
or underreported.
Response: Not necessarily. In all too many instances protective orders
are either not obeyed or become a catalyst for increased domestic violence
leading to the death of the party who obtained the order.
4. Do you
believe the current Family Law system treats both men and women equally and
what would you change if given the opportunity? Explain:
Response:
No. Women are given preferential
treatment. There appears to be an unspoken assumption that children are better
off with the mother and that in instances of domestic abuse, men are capable of
protecting themselves. Incidents of women abusing or stalking men are rarely
reported.
Fatherlessness, described as ‘the major cause of many of society’s
ills—child abuse, crime, drug addition, suicide, educational failure,
unemployment’—is being exacerbated by our present family laws. Children are
often the biggest losers in family law because all too often they wind up
losing a dad, grandparents, uncles, aunts and cousins.
Response: In family law there should be an equitable distribution of
money and property and shared custody and guardianship. There should be equity
in visitation and consideration made toward children retaining full support
from both parents.
5..
Do you believe that false testimony occurs frequently in
contested custody or divorce cases? If so, what can be done to deal with this
situation? Explain:
Response:
Yes. There should be a heavier penalty
for perjury under these circumstances.
6. Currently, judges issuing protective
orders via ex parte’ requests consider
Only the written statement made in the request and if the
accused is capable of carrying out the alleged action. Do you feel that the
civil rights of the accused are adequately protected under these conditions? If
not, what changes would you recommend? Explain:
No. I do not
feel that the rights of the accused are protected under these conditions. In
these instances it appears that the accused is guilty by accusation instead of
innocent until proven guilty. I would suggest that greater protections such as
a reasonable period be provided to defend, at a hearing, accusations and that
evidence be given greater scrutiny prior to issuance of an order.
7. Are you
concerned that the number of domestic violence protective orders fall
disproportionately against men and to what do you attribute
it? Explain:
Response: Yes. This
occurs because of the prevailing social belief that men
are automatically more likely to cause harm to women than
women are to
men. Men are assumed to be capable of defending themselves
against women.
I suspect
men do not report incident of abuse against them as frequently as
women do against men.
8. Would you
support legislation to modify the current domestic violence?
statutes to correct abuses currently occurring in the
system? Explain:
Response: Yes. I think the current system contributes to fatherlessness. The is not design to promote family or fathers’ role in live of children.
And that there needs to be greater focus on shared parenting, shared custody and shared guardianship. The law
ought to focus on avoiding breaking up the family and trying to maintain the
children’ connection to their dad, grandparents, uncles, aunts, cousins. I think should be particularly so when there
is objective evidence of domestic violence.
9. Do you believe that given the opportunity, as a single
parent, both?
men and women are equally capable of raising children? Explain:
Response:
Yes. However, I believe that both parents are necessary to
fully protect, and nurture a
child and to provide fully for all the social and psychological needs children have.
10. Would you support legislation to direct judges to
require the joint legal
custody of children unless there are compelling reasons not
to do so.
Explain:
Response:
Yes. Statistics show
that Fatherlessness children are more
likely to have attendance problems in
school, more likely to school drop outs, more like to have behavior problems,
and more like to commit act or violence and or other crime. When a breakdown does occur children should
still receive full support
Have equal
access and benefit
from both mother and father, and
children should still have access to their relatives.
11. What are the compelling reasons for not giving
joint legal physical custody of children to both parents who live in the same
jurisdiction?
Explain:
Response: (1) Present danger to the life of the child posed by one parent, (2) uncontrolled addiction of one party, (3) continuing threats or other abusive conduct threatening one party as well as the child.