A Board Certified Family Law
Specialist Pursuing Positive
Outcomes to Domestic Disputes
Specialist Pursuing Positive
Outcomes to Domestic Disputes
Cyberwars Gone Awry
In Martin v. Babcock, 2012-0149, the Court of Appeal set aside an order issued against a child’s mother pursuant to the Domestic Abuse Assistance Act on the grounds that there was insufficient evidence to establish that the mother, as opposed to members of her family, had violated it. Ms. Babcock lost custody of her daughter to Mr. Martin. She was provided supervised visitation but only on the condition that she undergo and maintain mental health treatment. Following this order, Ms. Babcock’s family decided to establish a website on which they railed against Mr. Martin and his family and made threatening statements. Mr. Martin sought and was awarded protection from Ms. Babcock under the DAAA. After a review of the evidence, the Court of Appeal concluded that there was no evidence that Ms. Babcock had violated the Act and it set aside the protective order.