In the case study above, there is the choice between going against the protection order, and accepting to let the father visit, or abide by the order and deny the father form visiting. This paper is a study of the reasons for and against such a visit, and the legal consequences involving this move.
There is a strong possibility that the premature birth of the baby was as a result of another similar attack to the mother at the time of the pregnancy. As a result, allowing the father to visit would pose a significant danger to the mother and her child. This is because they will become once again exposed to his violent acts. Furthermore, the law has seen it fit to deem the father unfit to visit the two from previous experience with the person. It is not advisable to let the father visit. In addition, to let the father visit would be a direct contravention of the ruling of a court, which would put the hospital in contempt of court. As a result, it is not advisable to let him visit unless advised by the court that ruled on the matter.
On the other hand, the man is the father of the child and is entitled, as the legal guardian, to be with his child during the possible last moments of her life. It would thus go against public policy and human morality to deny him the chance to see his daughter. Allowing him to see his daughter in this state could also cause him to become remorseful for his actions against her and the mother, thus fostering change. The fear to lose his daughter should become sufficient motivation to deter him from further hurting the two.
Some of the legal details that are pertinent in obtaining a protection order are the extents to which it covers. Protection orders are much like injunctions and they prevent the subject of the order from doing acts that are likely to harm the holder of the order. In the instance that this order is contravened, the holder of the order can report to the police and have the subject arrested. Protection orders are taken in cases of a threat to endanger ones life, an attempt to kidnap or wrongfully detain a person, trespassing on anothers property, or display deadly weapons to the victim. There are many types of protective orders available to people. In the state of Arizona, for example, there are five types available, the protection order being only one of them (AZ Law, 2013).
The protective order that the mother had prevents the husband from coming into contact with persons within the order, who include herself and their daughter. There is also the duty that she has to ensure that the security of both of them is ensured. Considering that she is hospitalized and may not be in a capacity to cater for these security needs, it is upon the hospital to ensure that the details of the order are enforced. In my opinion, enforcing this ensures that the father is kept as far as possible from the both of them, where he is unlikely to cause any more harm. However, in the situation where the father can be in a controlled environment for the two to see their daughter, such would be the only exception that I would apply to allow him.
BIBLIOGRAPHY AZ Law. (2013). Protection Orders Article. Retrieved from AZ Law Help: http://azlawhelp.org/articles_info.cfm?mc=16&sc=75&articleid=72
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