Monday

Examining Judicial Accountability and Immunity in the Family Courts ~~ Florida"s 11th Judicial Circuit


Exposing Family Court Judges' Unaccountability and Consequent Riskless Wrongdoing



The first case to recognize a non-custodial parent’s cause of action based on the tort of intentional infliction of emotional distress was Sheltra V. Smith, 392 A. 2d 431 (Vt. 1978). In this case, the non-custodial parent brought suit for damages alleging that:

“defendant willfully, maliciously, intentionally, and outrageously inflicted extreme mental suffering and acute mental distress on the plaintiff, by willfully, maliciously, and outrageously rendering it impossible for any personal contact or other communication to take place between the (plaintiff and child).”  ~Id. at 433.

The Superior Court, Caledonia County, dismissed the complaint for failure to state of cause of action on which relief could be granted. The Supreme Court of Vermont, however, found that the plaintiff stated a prima facie case for outrageous conduct causing severe...

Sunday

Florida legislators have been asked to look into reforms to help husbands who claim they have been victims of false domestic violence injunctions.


By Phil Attinger

BARTOW — Florida legislators have been asked to look into reforms to help husbands who claim they have been victims of false domestic violence injunctions.


In what one citizen referred to as a pendulum shift in the justice system, men who claim to have had their lives destroyed by false accusations of domestic violence or child abuse are hoping locally-elected legislators can help solve the problem.


On Thursday, locally-elected Florida state representatives and senators who represent all or part of Polk County got to hear about the problem.


William Dunn of Lakeland, part of the Florida chapter of Fathers Supporting Fathers, said he ran into a problem in 2006: The Department of Children and Families believed accusations that he had abused his daughter and took her away from him for 11 months.


In June 2007, DCF held a hearing to revoke Dunn’s parental rights, but the girl changed her story on the first day on the hearing, saying she hadn’t been abused.


She was returned to Dunn, but since then, he said his life has been a shambles and both he and his daughter have suffered medically from the stress.


He said DCF has not wanted to help him clear his name despite now knowing that the accusations were false.


Although legislators did not want to debate what should be done to solve the problem, they heard quite a bit from other petitioners.

James Petruska of Hernando Country said he lost his daughter, his $300,000 home, and his $150,000 business as a result of a false domestic violation injunction made by his ex-wife. Although it has since been found to be false, he said he has been unable to regain what he lost, especially his daughter.

He has approached Senator Ronda Storms (R-Valrico) with the issue. Her district — District 10 — covers Hernando County and part of Polk County.

Erik Romerhaus, with the SAVE (Stop Abuse of Violent Environments) Coalition in Washington, D.C., told the delegation that when the Violence Against Women Act passed in 1994, it was to protect women and men who were victims of domestic violence. Each state interprets it differently.


“Now the pendulum has swung a bit too far,” he said.


Tom Lemons of Spring Hill, who runs falsedvireports.com, said 80 percent of those injunctions are thrown out and used as a tactic in child custody cases.


He also alleged that the attorneys are the ones pushing the tactic, because it gives such a strong advantage.


If a woman makes a false claim of domestic violence, it can speed up the divorce process, Romerhaus said, so there is incentive to use it as a legal tactic, but it can drive the children out of the target parent’s life permanently.


In many cases, Romerhaus said, there is no due process for that accusation. Even if someone is innocent of the accusation, “you can kiss your kids goodbye.”


“I don’t blame the local judges as much as the federal law,” Clemons said. “Prosecutors are not filing cases on clear false allegations.”


When asked if she would be in favor of refining the statutes to provide some relief, Storms, a member of the Florida Bar, said that if someone is innocent, he deserves to have his name cleared and be with his children.

She would also like Romerhaus and others to work with domestic violence victims’ advocates to find out where they can agree on legal language that would help move the process forward.

Senator JD Alexander (R-Lake Wales) expressed empathy for the men who spoke, and encouraged them to continue to seek a solution within the legal system.


Source 

Friday

Family Court Judge Manno-Schurr Unjustly Denies Contact to Un-Wed Bio-Dad.

Is the Horror of False Accusation More Urgent and Credible when Harvard Law Prof Alan Dershowitz Describes It?

Reblogged on WordPress.com Source: Is the…

CIVIL RIGHTS IN FAMILY LAW FLORIDA
About  False accusation
False accusations (or groundless accusations or unfounded accusations or false allegations or false claims) can be in any of the following contexts:

Types

When there is insufficient supporting evidence to determine whether an accusation is true or false, it is described as "unsubstantiated" or "unfounded". Accusations that are determined to be false based on corroborating evidence can be divided into three categories:
  • An allegation that is completely false in that the events that were alleged did not occur;
  • An allegation that describes events that did occur, but were perpetrated by an individual who is not accused, and in which the accused person is innocent.
  • An allegation that is partially true and partially false, in that it mixes descriptions of events that actually happened with other events that did not occur.
A false allegation can occur as the result of intentional lying on the part of the accuser; or unintentionally, due to a confabulation, either arising spontaneously due to mental illness or resulting from deliberate or accidental suggestive questioning, or faulty interviewing techniques. Researchers Poole and Lindsay suggested in 1997 applying separate labels to the two concepts, proposing the term "false allegations" be used specifically when the accuser is aware they are lying, and "false suspicions" for the wider range of false accusations in which suggestive questioning may have been involved.

Rape

Main article: False accusation of rape
The statistics on false accusations of rape vary widely, from 2% to Eugene Kanin's (1994) figure of 41%, which derived from a case study of a police agency in a metropolitan city in the Midwest. John Bancroft states that a search of the literature on false rape reports reveals that Kanin's figure of 41% false rape reports is regarded as unusually high. FBI statistics for the annual rate of false reporting of forcible assault across the country have been a consistent 8%. A study from the UK found that of the approximately 14,500 cases of rape reported in 2005/2006 9% were classified as false allegations.

Child abuse

A false allegation of child sexual abuse is an accusation that a person committed one or more acts of child sexual abuse when in reality there was no perpetration of abuse by the accused person as alleged. Such accusations can be brought by the victim, or by another person on the alleged victim's behalf. Studies of child abuse allegations suggest that the overall rate of false accusation is under 10%, as approximated based on multiple studies. Of the allegations determined to be false, only a small portion originated with the child, the studies showed; most false allegations originated with an adult bringing the accusations on behalf of a child, and of those, a large majority occurred in the context of divorce and child-custody battles.

Workplace bullying

Main article: Workplace bullying
Research by the Workplace Bullying Institute, suggests that "falsely accused someone of 'errors' not actually made" is the most common of all bullying tactics experienced, in 71 percent of cases.

Workplace mobbing

Main article: Workplace mobbing
Workplace mobbing can be considered as a "virus" or a "cancer" that spreads throughout the workplace viagossiprumour and unfounded accusations.

Münchausen syndrome by proxy

The case has been made that diagnoses of Münchausen syndrome by proxy, that is harming someone else to get attention for yourself, are often false or highly questionable.

Stalking

In 1999, Pathe, Mullen and Purcell wrote that popular interest in stalking was promoting false claims. In 2004, Sheridan and Blaauw said that they estimated that 11.5% of claims in a sample of 357 reported claims of stalking were false.

Narcissistic rage

Main article: Narcissistic rage
Rage by a narcissist is directed towards the person that they feel has slighted them. This rage impairs their cognition, therefore impairing their judgment. During the rage, they are prone to shouting, fact distortion and making groundless accusations.

Psychological projection

Main article: Psychological projection
Psychological projection can be established as a means of obtaining or justifying certain actions that would normally be found atrocious or heinous. This often means projecting false accusations, information, etc., onto an individual for the sole purpose of maintaining a self-created illusion.

See also

References

  1. Ney, T (1995). True and False Allegations of Child Sexual Abuse: Assessment and Case Management. Psychology Press. pp. 23–33ISBN 0-87630-758-6.
  2. Mikkelsen EJ, Gutheil TG, Emens M (October 1992). "False sexual-abuse allegations by children and adolescents: contextual factors and clinical subtypes". Am J Psychother 46 (4): 556–70. PMID 1443285.
  3. ^ Maggie Bruck; Ceci, Stephen J (1995). Jeopardy in the Courtroom. Amer Psychological Assn. ISBN 1-55798-282-1.
  4. ^ Irving B. Weiner; Donald K. Freedheim (2003). Handbook of Psychology. John Wiley and Sons. pp. 438ISBN 0-471-17669-9.
  5. ^ Sexual development in childhood By John Bancroft
  6. ^ Cybulska B (July 2007). "Sexual assault: key issues"J R Soc Med 100 (7): 321–4.doi:10.1258/jrsm.100.7.321PMC 1905867PMID 17606752.
  7. ^ Hobbs, CJ; Hanks HGI; Wynne JM (1999). Child Abuse and Neglect: A Clinician's HandbookElsevier Health Sciences. pp. 197ISBN 0-443-05896-2.
  8. ^ Schetky, DH; Green AH (1988). Child Sexual Abuse: A Handbook for Health Care and Legal Professionals. Psychology Press. pp. 105ISBN 0-87630-495-1.
  9. ^ Bolen, RM (2001). Child Sexual Abuse: Its Scope and Our Failure. Springer. pp. 109ISBN 0-306-46576-0.
  10. ^ Robin, M (1991). Assessing Child Maltreatment Reports: The Problem of False AllegationsHaworth Press. pp. 21–24ISBN 0-86656-931-6.
  11. ^ Top 25 workplace bullying tactics - Workplace Bullying Institute
  12. ^ Shallcross, L, Ramsay, S, & Barker M, (2008)
  13. ^ Dr Helen Hayward-Brown False and Highly Questionable Allegations of Münchausen syndrome by proxy - presented to the 7th Australasian Child Abuse and Neglect Conference in Perth 1999
  14. ^ M Pathe, PE Mullen, R Purcell; Stalking: false claims of victimisation; British Journal of Psychiatry 174: 170-172 (1999)[1]
  15. ^ L. P. Sheridan, E. Blaauw; Characteristics of False Stalking Reports; Criminal Justice and Behavior, Vol. 31, No. 1, 55-72 (2004) doi:10.1177/0093854803259235 [2]
  16. ^ Thomas D Narcissism: Behind the Mask (2010)
  17. ^ R. Appignanesi ed., Introducing Melanie Klein (Cambridge 2006) p. 115 and p. 126

Further reading

From Wikipedia, the free encyclopediaEdit on Wikipedia


Have you been falsely accused or wrongly prosecuted for domestic violence?  False allegations and wrongful prosecutions harm the innocent, squander resources, and shortchange true victims.1. Connect: Facebook

Friday

Perdi a Papa en el Divorcio


Todo niño supone llegar al mundo fruto del amor de un hombre y una mujer. Pero sabemos que son muchas las  circunstancias que impiden que todos puedan gozar de la presencia del padre.


Algunas de ellas, como la muerte, serán inevitables, pero existen otras, ser madre soltera, haber experimentado una violación, una enfermedad, un viaje o una jornada laboral que no permite poder ver a los niños despiertos también provocan este sentimiento de ausencia en el pequeño, pero también existen casos en que la ausencia no es física, sino que el padre no se ocupa de los hijos o los hijos manipulados por la madre no permite que estén en contacto.


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