The False Allegations Of Domestic Violence Epidemic
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.
As 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.
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.
 Posted by American Fathers Liberation Army on Friday, August 28, 2015 |
Epidemic of False Allegations and Restraining Order Abuse (http://youtu.be/nEFnHebBgpo)
False Allegations Of Domestic Violence, By Tom Lemons (http://youtu.be/mNCGj1DA5Pg)
The Impact Of False Allegations Against Men (http://youtu.be/4t0qM5qqwcw)
False Allegations (http://youtu.be/hUXYF9p2mfQ)
False Allegations - Only Fathers With $$ Can Fight Back (http://youtu.be/R6Ieo4oJNnQ)
Your Rights Against False Allegations of Domestic Violence (http://youtu.be/Xa_6jUr90x4)
False Allegation Summit Gordon Smith.wmv (http://youtu.be/mpKQ1dn5ixs)
Dr. Phil - Woman falsely accused husband of domestic violence and abuse to have him jailed (http://youtu.be/IcQ8_PExZoA)
UPDATE #2
Gordon Smith of FLAIR, former Executive Director will be on WDEL tomorrow discussing false allegations.
UPDATE #3
VAWA IS NO MORE!!!
GOP BLOCKS VAWA -
by Tom Lemons of http://www.falsedvireports.com/
Americans for Equal Rights for Fathers: How to Fight a Liar in Family Court
"The biggest frustration most people have in court, is the lying. In theory, no one is lying, because testimony is taken under oath. In reality, every case is riddled with lies, half truths, shades of fact and the greatest of all, the omission of a critical fact that totally changes the situation.
In the court’s eyes, as a lawyer I’m supposed to be the champion for my client, and I’m expected to have vetted their testimony to make sure that it’s true. Most of the time I’ve spent a great deal of effort to explain to the client that judges hate liars and I coach them to be as truthful as possible.
Inevitably when I get in to a child custody hearing or a divorce trial, it gets heated and the cries of “He lied!” or “She’s committing perjury!!” “That’s a lie!” start.
In every courtroom, those phrases are said, every day. And frequently it’s true. Some days it’s her, and some days it’s him, but no matter what, someone, somewhere is shading, spinning, omitting or outright lying.
I know it. You know it. The judge knows it.
The angry and frustrated clients always say “Put her in jail!” That’s not going to happen so much. Judges can’t put away everyone who lied in court, there’d be no room for the real criminals.
So what’s the point of having people testify under penalty of perjury, if there’s no penalty ? Well, it’s about credibility. Once a judge knows, or even suspects, that someone’s lying to the court, their credibility goes out the window.
I had a case earlier this year, where the ex-wife said she was married in a Michigan court, and then said she was single in a California court. The judge looked at the other lawyer and said, “so either she lied in Michigan, or she lied in California, either way, she’s a liar!”
It was a bad day for that lawyer, because now they’re fighting up stream with a judge who’s experience with the client is that she’s not to be trusted. In Family Court, when the judges are making decisions on issues like who should be the primary custodial parent, that sort of taint can kill your case.
Which is why I always advise my clients that lying is a very bad thing. No they’re not going to go jail, but they’ll never have the same, and in some courts any, credibility again.
The question then becomes how to prove your case, if you know you’re dealing with a liar. Fighting a lie, is like shadow boxing, for so often it comes down to: he said, she said. Generally the best way to get rid of the shadow is to turn on all the lights and face them to your accuser and make them fight a battle that they don’t want.
If my client is accused of being a pot smoker, we provide the prescription, then we attack with bad parenting and lack of time to devote to the child. That’s how we fight a war, in which there are no winners.
“Who steals my purse steals trash; ’tis something, nothing;‘Twas mine, ’tis his, and has been slave to thousands;But he that filches from me my good nameRobs me of that which not enriches him,And makes me poor indeed."Shakespeare, OTHELLO, Act III
We only support organizations who show an understanding that children need both parents, and that either parent is equally capable of the choice to perpetrate hate or declare peace.
After fourth child dies despite DCF's watch, judge concludes: 'the system is not working' - Legally Kidnapped
After fourth child dies despite DCF;s watch, judge concludes: the system is not working.
Note: That's a keen grasp of the obvious you got there Judge. Despite claims of Secretary David Wilkins and Gov. Rick Scott that the state is doing a good job managing the troubled child welfare system, critics of the Department of Children & Families told the Miami Herald on Wednesday that the recent “cluster” of child deaths suggests the agency is in deep trouble.
Denuncia que la agredieron familiares de su ex pareja y resultó ser un vecino - El Juzgado de lo Penal ha condenado a una mujer a una multa como autora responsable de un delito de denuncia falsa en grado de tentativa después de que denunciara a dos familiares de su ex pareja de una supuesta agresión hacia ella y su hijo cuando en realidad había sido un vecino. La sentencia considera como hechos probados que el 8 de septiembre de 2010 fue remitido al Juzgado de Instrucción Número 4 de Palencia dos partes de lesiones confeccionados con fecha de 5 de septiembre de 2010 tanto de ella como de su hijo. Tras ser llamada a declarar en nov... more »
viso at CUSTODIA PATERNA -
Many people are troubled by these cases because it appears the guilty party was rewarded and the innocent parties wronged. The initial outcomes certainly seem unfair. However, this isn’t the worst part of these decisions. Not only are the initial outcomes unfair, these decisions put the children at risk for very negative long-term consequences.
ReplyDeleteChildren affected by divorce fare worse, on average, on nearly every measure of health and emotional well-being including a greater risk of academic problems, alcohol and drug use, poor social skills, depression and suicide, delinquency and incarceration, and poorer physical health and early mortality. The reason for all this has much to do with the fact that one of the two most important people in a child’s life is often relegated to the role of an infrequent visitor, as the above examples illustrate.
This problem may have far-reaching repercussions for all of us. Adam Lanza, the Sandy Hook school shooter, is reported to have gone downhill when divorce separated him from his father. One leading researcher calls this issue “a serious public health problem.”
These cases are based on the myth that one parent is the primary parent. Judges often decide cases this way even though there is no legal or mental health basis for it. More than three dozen studies over the past 20 years have found that when both parents are loving and competent, which is the case most of the time, a shared parenting arrangement -- with joint decision making and near-equal parenting time -- provide the best outcomes for their children.
This myth seems to have arisen from a legal presumption called the “approximation rule,” which was proposed more than 20 years ago and eventually rejected. Nonetheless, many lawyers, psychologists and judges still follow it because of its superficial neutrality and simplicity. Like many simplistic solutions, however, it’s simply wrong.
Besides creating bad outcomes for children, the approximation rule also encourages the very thing it originally hoped to prevent -- parental conflict. This pernicious myth is so destructive that many states have now moved away from it.
In Arizona, for example, that state’s custody law previously allowed judges to consider “whether one parent, both parents or neither parent has provided primary care of the child” when making custody decisions. The Arizona legislature has repealed this language and now directs courts to maximize the parenting time of both parents whenever possible.
In Nebraska, unfortunately, sole custody is still the norm. Mothers are awarded sole physical custody in 62 percent of cases and fathers in 10 percent of cases. Joint custody is awarded in only 25 percent of Nebraska divorces.
There is no legal or medical basis for the primary parent myth. Scientific research shows that every-other-weekend parenting time arrangements are harmful to children, yet they still are ordered routinely in many cases. The Legislature should stop this public health crisis and make shared parenting the norm in Nebraska as it has become in other states.
Dr. Les Veskrna
The Violence Against Women Act Ignores Half the Problem ~ By Anna Rittgers
DeleteThe 2011 Violence Against Women Reauthorization Act (VAWA) will provide 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 Judge & Lawyer Complaints
ReplyDeleteHow to file complaints against Florida Family Law Judges and Family Law Lawyers?
Each State has its own procedures for filing complaints against Judges. All states require a written and signed complaint. Some states have a form for you to fill out. Other States request a letter. Grievances of misconduct usually concern issues of conflict of interest or impartiality. Adverse rulings or judgments are not considered legitimate grievances. You must support the complaint to the JQC about the Florida Family Law Judge with sufficient documentation.
Florida Family Law Judge Complaints
Write to the Florida Judicial Qualifications Committee.
http://www.floridasupremecourt.org
Florida Family Law Judicial Complaint
Mailing Address
Judicial Qualifications Committee (JQC)
1110 Thomasville Road
Tallahassee, FL 32303
Telephone
850-488-1581
All states maintain an agency to process lawyer complaints. These disciplinary counsels can usually be found as a department of the state bar association or as a branch of the state Supreme Court. Complaints in Florida can be filed by filling out a form supplied by the disciplinary counsel or by writing a letter to The Florida Bar.
Florida Family Law Lawyer Complaints
The Florida Bar handles complaints about family law lawyers in Florida.
Mailing Address
The Florida Bar
651 E. Jefferson Street
Tallahassee, FL 32399-2300
Telephone
850-561-5600
PRO SE RIGHTS:
ReplyDeleteSims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."
Brotherhood 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."