Broken Homes: A Study of Family Desertion and its Social TreatmentColcord, Joanna C. (Joanna Carver)
General
Broken Homes: A Study of Family Desertion and its Social Treatment
Colcord, Joanna C. (Joanna Carver)
Desertion and non-support
With persistent or recalcitrant deserters as a group, court action has
very often to be invoked. Procedure in this direction differs so much in
different communities that only general observations can be offered
here. If the man has left his home but not the town and is still within
the jurisdiction of the local court, the magistrate will usually issue a
summons (which in many cities the wife is expected to serve) calling on
the man to appear at court on the date set for the hearing. If he fails
to appear a warrant for his arrest is issued. If he has left the city
but not the state, local courts may issue warrants, which can be mailed
to the city to which the man has gone and served by the police there; or
an officer may be sent from the home town with a warrant to arrest the
man and bring him back.
Prior to his arraignment, the best court practice calls for an
investigation by the probation officer, so that the judge may have
substantiated facts before him when the case comes up. Whether this is
done or not here is the time and place for the social worker who already
knows the family to get his knowledge in usable fashion before the
court. How best to do this varies greatly in different communities.
Sometimes the social worker is permitted to talk the matter over with
the judge personally, sometimes with the probation officer, clerk or
other court official. Sometimes a written report is required, to be
attached to the probation officer's report. Occasionally the social
worker gets no chance to be heard unless he is present to testify in
open court. In the last two contingencies, care must be taken to
safeguard information given in confidence, even by the deserter. Letters
marked "confidential" should not ordinarily be submitted in court except
by consent of the writer, as some judges hold that material so submitted
becomes a matter of public record.
The approach to the court, therefore, is governed by local conditions. A
very important part of co-operation in any community is to see that this
channel is kept free from obstruction. In general, the probation officer
should be the best friend of the other social workers, since he knows
their language. Indeed, many social workers themselves combine the
office of probation officer with their other duties.
After the institution of court proceedings the outside social worker has
usually little chance to affect the disposition of the case. This is
made by the judge on the basis of the testimony he elicits in court, and
on that of any preliminary investigation he may have caused to be made.
Disposition may be:
1. In rare instances, to dismiss the complaint altogether.
2. To remand for a later hearing.
3. To induce the woman to drop her complaint and give the man
another chance.[29]
Public-domain text, read in full here on John Shaqi.
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