False Allegations Of Domestic Violence
When it comes to domestic violence awareness, most of the attention is paid to abused women. But readers of MensRights.com know all too well how prevalent domestic violence against men is.
You also know how false allegations of abuseare being used against you, primarily for strategic legal reasons. MensRights.com editor Matt Allen discussed the issue of domestic violence against men in divorce and child custody cases withCordell & Cordell mens divorce attorney Heather Biagi.
Men’s Rights: We’ve talked about the evidence needed to disprove false allegations or to prove that you were abused, but how can you preemptively prevent these from happening?
Heather Biagi: It kind of depends on what parties you’re dealing with. If you’re dealing with parties who don’t get along that are going through a divorce, but they’ve never had a history of violence and neither one of them is overly aggressive — and by aggressive I mean aggressively wanting one party out of the house or not — then I don’t advise my clients to worry too much about a false protection order being filed.
But in cases where I know what the posturing is going to be, if it’s a case where there’s a lot at stake – such as money or mom has it in her head that dad should not have any time with the children – then I tell my client, “if she starts a fight with you then you walk away. If she tries to say anything to you then you walk away. Be careful what you text her, she’s going to text you something awful. Be careful what you write because writing is so powerful and there’s no context to it, no tone.”
So while you might say something that’s a joke or something you’ve been saying for years, your wife could take it to the judge and say, “Here’s where he threatened to do this to me” when in fact that’s not really what happened.
Men’s Rights: If you have successfully proven that the allegations of domestic violence against you are false, what do you get out of it? Is the alleging party punished or are you just happy the charges were dropped?
Heather Biagi: It varies from jurisdiction to jurisdiction and is also very dependent on what judge you’re in front of, but there are a couple of things you can potentially get out of it such as your attorney’s fees paid.
You can always request the judge to order your wife to pay your attorney’s fees since she was the one who filed a frivolous action against you.
Probably the most beneficial thing that you can get out of it is ruining the other party’s credibility. I tell my clients every time I speak with them that anytime you’re going to go to court do not embellish and do not shade it to your favor. Just tell the truth.
You don’t want to get stuck in a lie because when you lose credibility with the judge or you’ve proven that you are not an honest person in front of that judge, the judge will remember it and there is nothing an attorney — I don’t care how good they are — can do to rehabilitate their client once the client has lied to the judge.
As a mens divorce lawyer, I would consistently bring up a party’s previous lies at every hearing or motion filed.
I would say, “Judge, you remember when she filed the order of protection and it was unfounded? Do you remember when she made these allegations of abuse and they were completely unfounded? At what lengths will this person go to get what they want?”
So realistically, the benefit to you is the loss of her credibility and the ability to use that lie to your advantage in future hearings.
Losing the trust of the judge is the worst possible thing that could happen to a client.
Men’s Rights: So credibility is everything?
Heather Biagi: Absolutely. Credibility is everything. Watch the DadsDivorce Live interview with attorney Heather Biagi on domestic violence
SOURCE: 29 MAR 2012 / BY MATT ALLEN / IN ABUSE
Family Court News: Dad Initially Labeled Abuser Wins Appeals Case on Custody
Moving DV Reform into the Political Debate
The election cycle is shaping up to be the most important in recent memory. And the various campaign townhall meetings, rallies, and events offer a unique opportunity to put the domestic violence issue front and center on the political radar screen.
These are the issues that are calling out for reform:
- False allegations
- Priority for true victims
- Families and children
- Mandatory arrest
- Discriminatory practices
- Immigration
- Accountability and fraud
- False information
- Attend campaign events and distribute flyers to increase public awareness about the need for DV reform — for a listing of available flyers, click here.
- Ask questions to engage state and national political candidates in the issue of false allegations and other DV issues
- Follow-up to secure commitments from these candidates
Volunteers participate in a Yahoo group to network with others around the country. Monthly tele-conferences are held to chart progress.
Related articles
Lawyers use victim-blaming language in domestic violence cases, says report(theguardian.com)
The Role of Domestic Violence in Parental Alienation(americanfathers.wordpress.com)
Disciplinary actions against lawyers who commit acts of domestic violence…(childrensrightsflorida.wordpress.com)
VAWA causing the deaths of men.(aflasite.wordpress.com)
Raising Public Awareness about Male Victims of Domestic Violence(civilrightsinfamilylaw.wordpress.com)
Outright abomination against rudimentary civil rights and principles of law.(civilrightsinfamilylaw.wordpress.com)
The future of men's rights(avoiceformen.com)
Men's Rights Facebook Page Removed(aflasite.wordpress.com)
Discussing Intimate Partner Violence(forwardthinking.ashford.edu)
Forced into a corrupt family court system that functions to drain our money, time and future.(floridafamilylawreform.wordpress.com)
It's human nature to seek out a partner in life, and to possibly marry and have children. Unfortunately the matrimonial establishment, as we are all aware, is being methodically torn down by a demoralized society. Sadly the divorce rate is still on the rise and the foundation of marriage is being devalued and is crumbling. As adults we learn to adapt and move on when divorce attacks our lives but for children this is another story. They are the real victims of divorce and unfortunately they will suffer dearly from our selfishness and in most cases follow the same path of destruction if not worse.
ReplyDeleteAs a nation we have been granted certain civil rights by our constitution. Through the years it has been amended to better the lives of many Americans. The two most notable changes have come to Women in the 1920s and with African Americans in the 1960s. These rights were long overdue for both segments of our nation but thankfully we realized our mistakes and corrected them. This was not an easy journey for either of these crusades but through dedication and perseverance the bells of liberty rang loudly and victory was achieved.
Unfortunately we have reached yet another fork in the road and with that comes another challenge to the American people. "We've worked hard for women's rights, but we have to watch out that the pendulum doesn't swing the other way" says Ruthie J. of the Reach FM. Ironically the pendulum has already swung far to one side and this time the male gender is being demonized by erroneous and fraudulent information. Males are being portrayed as callus, uncaring, and without emotion. We are being taught that men represent 95% of abuse in this nation against women. These and many other false statistics are being recklessly strewn throughout society and none of it is true. Yes, women are being abused by men that is a fact. striking a woman is abhorrent to the highest degree and should be dealt with appropriately but men are abused at an equal rate and they are being ignored. According to a study by the Center for Disease Control men represent 38% of domestic violence related injuries. Compound that with the fact that only 0.9% of men report abuse verses 8.5% of women and I think we have a pretty equal degree of violence between partners.
The cornerstone of this "abuse" is VAWA the Violence Against Women Act. It was passed into law by Bill Clinton in 1994 and has been extended by every subsequent President. This law funnels Billions of dollars into discriminatory education and propaganda that violates men's civil rights. Many times DVIs or Domestic Violence Injunctions are used as a tool in divorce, child custody or just vengeance against a partner, most often against males. This is because the system of acquiring a DVI is simple and requires no evidence, witnesses or prior police reports. Just the word of an alleged victim making a claim of abuse. The repercussions of these orders are devastating and many times result in a violation, arrest and complete destruction of one's life. Even in cases when they are dismissed, a serious blemish remains on the falsely accused forever; how does that look to potential employers who almost always perform background checks prior to employment? This must be stopped and a better system of protecting all victims of domestic violence should be put in place.
I hope to help bring awareness to gender discrimination and help provide support for men who are abused. There are programs to help women of abuse but nothing for men. My website will provide more information on the facts, my personal experiences and the stories of those who have been victims of this heinous tactic of relationship vengeance. Men and women should truly have equal rights and currently the scales are unjustly tilted. Let's work together to end domestic violence and not vilify one gender as inherently abusive. "United we stand, divided we fall" A powerful statement that we must never forget.
Thank you,
Tom Lemons
Founder, www.falsedvireports.com
The Violence Against Women Act Ignores Half the Problem ~ By Anna Rittgers
ReplyDeleteThe 2011 Violence Against Women Reauthorization Act (VAWA) provides funding for programs to address domestic violence and will expand the act’s provisions to include services for gays and lesbians. Theoretically, male victims of violence are eligible for help, too. But did you know that? I thought not.
The problem with reauthorizing VAWA is that doing so would perpetuate the notion that domestic violence is something that happens only to women. While it is true that VAWA has evolved over time and now ensures that male victims of partner violence can avail themselves of VAWA benefits and services, the very name of the act implies otherwise. It is quite likely that a male victim would not know he can seek help, given the name of the act.
The image of the abuser is almost always a guy. But this simply isn’t the case. One of the pioneers of the study of family violence was sociologist Richard J. Gelles. Gelles wrote a seminal 1999 article for the old Women’s Quarterly, then a publication of the Independent Women’s Forum, on the “hidden victims” of violence.[i] Gelles admitted that 25 years earlier he had overlooked something important when, in the course of doing research, he meet a couple he called Faith and Alan. Faith had been beaten by boyfriends, her ex-husband, and her husband. Faith’s troubles became the focus of Gelles’s article. Gelles barely noted Faith’s violence towards men, which included breaking Alan’s bones and stabbing a man while he read the newspaper. Faith’s violence merited a mere footnote.
We know more about intimate violence directed at men than we did when Gelles wrote his article. But for cultural reasons, it is very difficult for male victims of domestic violence to seek help. Men are seen to be physically stronger than women, and so he should be able to just “take it.” Furthermore, domestic violence awareness campaigns are horribly one-sided, and almost always portray males as the aggressor and females as victim. Police are often hardwired to view men as the perpetrator. If a man calls 911 for help when he’s being attacked by his spouse or partner, he is often subject to arrest, even if he is the only one with physical injuries.
For seventeen years, there has been unequal treatment before the law. Female aggressors are keenly aware of this unequal justice, and a 2010 study on men who sustain abuse at the hands of their female partners discovered that 67.2% reported their female aggressors made false allegations of spousal abuse. [ii] Of those with children, 48.9% of the men reported that their partners made false allegations of child abuse.[iii] In other words, VAWA’s myopic view of who perpetrates domestic violence gives female abusers an additional avenue to torment their spouses.
The name of the Act itself makes it clear that the law’s focus is to address violence against women in particular, not the general problem of domestic violence. The specialized training that judges and law enforcement officers receive ignores the reality that women are as likely as men to be perpetrators of violence. This creates a justice system that treats male aggressors more harshly than female aggressors of the same crime.
FLORIDA TODAY - OPINION
ReplyDeleteWritten by Gordon E. Finley, Ph.D., Miami
While I applaud columnist Paul Flemming for a sound review of the issues in Saturday’s “Alimony bill will be great — for lawyers,” his bottom-line conclusion is dead wrong.
The proposed state alimony reform bill will reduce litigation, not increase litigation. A bit of history: For years, the divorce vultures (a.k.a., the Family Law Section of the Florida Bar) have conned the Florida Legislature into writing divorce legislation that maximizes litigation and thus maximizes their income. In part, they have accomplished this by maximizing judicial discretion, which in practice means endless conflict and, of course, endless paid litigation.
No matter what they may say, the divorce vultures are interested only in one thing — maximizing their income.
I can irrefutably demonstrate this point with Flemming’s own words: “Thomas Duggar, an attorney in Tallahassee and a member of the Florida Bar’s Family Law Section, said last week at a Tallahassee Bar Association meeting that the section has a $100,000 war chest to sway public opinion against the legislation.”
Do your readers honestly believe they are spending all this money so they will lose income? The divorce vultures get the message in terms of what alimony reform will cost them — and save the children, fathers and mothers of divorce. I regret Mr. Flemming did not do the same.
Full Disclosure: I am an alimony-paying divorced father of two young adult daughters and retired university divorce researcher with multiple research and scholarly publications on this topic.
PRO SE RIGHTS:
ReplyDeleteBrotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425 ~ Litigants can be assisted by unlicensed laymen during judicial proceedings.
Conley v. Gibson, 355 U.S. 41 at 48 (1957) ~ "Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.
Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449 ~ "The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."
Elmore v. McCammon (1986) 640 F. Supp. 905 ~ "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."
Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend" ~ A next friend is a person who represents someone who is unable to tend to his or her own interest.
Haines v. Kerner, 404 U.S. 519 (1972) ~ "Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."
Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233 ~ Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.
Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938) ~ "Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment."
NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969) ~ Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."
Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals ~ The plaintiff's civil rights pleading was 150 pages and described by a federal judge as "inept". Nevertheless, it was held "Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff's Pleadings without regard to technicalities."
Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA) ~ It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson (see case listed above, Pro Se Rights Section).
Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982) ~ "Due to sloth, inattention or desire to seize tactical advantage, lawyers have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law."
Sherar v. Cullen, 481 F. 2d 946 (1973) ~ "There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights."
Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. ~ "The practice of law cannot be licensed by any state/State."
Sims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."
HOW DID CHILDREN OF DIVORCE GET STUCK WITH THE VISITATION PLAN THAT AFFORDS THEM ACCESS TO THEIR NON-RESIDENTIAL PARENT ONLY ONE NIGHT DURING THE WEEK AND EVERY OTHER WEEK-END?
ReplyDeleteWhat is the research that supports such a schedule? Where is the data that confirms that such a plan is in the best interest of the child?
Well, reader, you can spend your time from now until eternity researching the literature and YOU WILL NOT DISCOVER ANY SUPPORTING DATA for the typical visitation arrangement with the non-residential parent! The reality is that this arrangement is based solely on custom. And just like the short story, "The Lottery," in which the prizewinner is stoned to death, the message is that deeds and judgments are frequently arrived at based on nothing more than habit, fantasy, prejudice, and yes, on "junk science."
This family therapist upholds the importance of both parents playing an active and substantial role in their children's lives----especially in situations when the parents are apart. In order to support the goal for each parent to provide a meaningfully and considerable involvement in the lives of their children, I affirm that the resolution to custody requires an arrangement for joint legal custody and physical custody that maximizes the time with the non-residential----with the optimal arrangement being 50-50, whenever practical. It is my professional opinion that the customary visitation arrangement for non-residential parents to visit every other weekend and one night during the week is not sufficient to maintain a consequential relationship with their children. Although I have heard matrimonial attorneys, children's attorneys, and judges assert that the child needs the consistency of the same residence, I deem this assumption to be nonsense. I cannot be convinced that the consistency with one's bed trumps consistency with a parent!
Should the reader question how such an arrangement can be judiciously implemented which maximizes the child's time---even in a 50-50 arrangement----with the non-residential parent, I direct the reader to the book, Mom's House, Dads House, by the Isolina Ricci, PhD.
Indeed, the research that we do have supports the serious consequences to children when the father, who is generally the non-residential parent, does not play a meaningful role in lives of his children. The book, Fatherneed, (2000) by Dr. Kyle Pruitt, summarizes the research at Yale University about the importance of fathers to their children. And another post on this page summarizes an extensive list of other research.
Children of divorce or separation of their parents previously had each parent 100% of the time and obviously cannot have the same arrangement subsequent to their parents' separation. But it makes no sense to this family therapist that the result of parental separation is that the child is accorded only 20% time with one parent and 80% with the other. What rational person could possibly justify this?
“Justice is a part of the human makeup. And if you deprive a person of Justice on a continuous basis, it’s really an attack (and not to get religious or anything) but it’s an attack on the human soul. We have, as societies, evolved ideas of Justice and we have done that because human nature needs Justice and it needs resolution. And if you deprive somebody of that long enough they’re going to have reactions…”
ReplyDelete~ Juli T. Star-Alexander – Executive Director, Redress, Inc.
Redress, Inc. 501c3 nonprofit corporation, created to combat corruption. Our purpose is to provide real assistance and solutions for citizens suffering from injustices. We operate as a formal business, with a Board of Directors guiding us. We take the following actions to seek redress: Competently organize as citizens working for the enforcement of our legal rights. Form a coalition so large and so effective that the authorities can no longer ignore us. We support and align with other civil rights groups and get our collective voices heard. Work to pass laws that benefit us and give us the means to fight against corruption, as is our legal right, and we work to repeal laws that are in violation of our legal rights. Become proactive in the election process, by screening of political candidates. As individuals, we support those who are striving to achieve excellence, and show how to remove from office those who have failed to get the job done. Make our presence known through every legal means. We monitor our courts and judges. We petition our government representatives for the assistance they are bound to provide us. We publicize our cases and demand redress. Create a flow of income that enables us to fight back in court, and to assist our members impoverished by the abuses inflicted on us. Create the means to relieve the stresses on us, as we share information and support each other. We become legal advocates for each other; we become an emotional support network for each other; we problem solve for individuals on a group basis! Educate our judges, lawyers, court personnel, law enforcement personnel and elected leaders about our rights as citizens! Actively work to eliminate incompetence, bias/prejudice, special relationships and corruption at all levels of government! Work actively with all media sources, to shed light on our efforts. It is reasonable to expect that if the authorities know we are watching and documenting, that their behaviors will improve. IT'S A HUGE TASK! Accountability will not happen overnight. But we believe that through supporting each other, we support ourselves. This results in a voice for justice and redress that cannot be ignored. Please become familiar with our web site, and feel free to call. We need each other - help us to help you! Although we are beginning operations in Nevada, we intend to extend into each state in a competent fashion. We are NOT attorneys, unless individual attorneys join us as members. We are simply people helping people. For those interested, we do not engage in the practice of law. You might be interested in this article Unauthorized Practice of Law on the Net. Call Redress, Inc. at 702.597.2982 or e-mail us at Redress@redressinc.com. WORKING TOGETHER TO ATTAIN FAIRNESS