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.


Thursday

False allegations of abuse are grounds for losing timesharing.

Court says: Grandparents' false allegations of abuse grounds for losing visitation

CHARLESTON – The state Supreme Court has ruled a family court judge erred in not terminating an Elkview couple's visitation rights with their grandson after they falsely accused his adoptive father of abusing him.

The Court on April 14 overruled a decision by Kanawha Family Law Judge Mike Kelly denying a petition filed by Warren Lee and Melissa Arnold to terminate visitation by Melissa's former in-laws, Robin and Janet Lyons, with her son, Jon. In an unanimous memorandum opinion, the Court said the Lyons' attempt to not only halt Warren's adoption of Jon, but also coaching Jon to say Warren abused him was more than sufficient grounds for Kelly to grant the Arnold's petition.

"While a best interests analysis will necessarily include an assessment of the bond and the relationship developed between the child and the grandparents," the Court said, "we disagree with the lower court's determination that the relationship between Jon and his grandparents is of a beneficial nature to Jon under the circumstances present here."

"The particular facts of this case, including the vicious nature of the grandparents' actions to forestall Jon's adoption proceedings, as well as their baseless pursuit of abuse allegations against Jon's adoptive father, illustrate a relationship in constant conflict with that of Jon's parents."

Rocky relationship

According to court records, Melissa was married to the Lyons' son, Jonathon, until 2000. Shortly after their divorce, Jonathon died in a car wreck.

Following her marriage to Warren in 2003, she moved with Jon to Spencer. Two years later, Warren, despite the Lyons' objections, successfully petitioned to adopt Jon.

Prior to Melissa's marriage to Warren, records show she agreed to allow Jon to visit the Lyons. The visitation included at least one overnight stay a month, four hours on Thanksgiving Day and nine hours on Christmas Eve and Dec. 26.

Warren's adoption of Jon became a source of friction between the Arnolds and the Lyons to the point where the Lyons accused him of severely bruising Jon with a belt buckle. Records show Warren was arrested on Dec. 20, 2007, and charged by State Police with felony child abuse.

Three days later, Robin Lyons filed a domestic violence protective order on Jon's behalf against Warren. Records show Kelly granted the order on Jan. 2, 2008, which barred Warren from having any contact with Jon for 90 days.

The same day Kanawha Family Law Judge Jane Charnock Smallridge granted a writ of habeas corpus Melissa filed for Jon's return from the Lyons' custody. Due to the protective order, Warren had to live elsewhere until April 2008.

A month later the child abuse charge was dropped at the request of Roane County Prosecutor Mark Sergent. In his motion for dismissal, Sergent said, "Further investigation and disclosures revealed the charge is likely baseless."

Following his return to Melissa's custody, records show Jon was interviewed by Dr. Timothy Saar, a Charleston psychologist. In the report he issued in July 2008, Saar found that not only did Jon's bruise come from vigorously playing air hockey at a friend's house, but the Lyons also "forced him to lie to the police and report that his father had hit him."

"Jon was coached by his grandparents into accusing his father of abusing him," Saar concluded in his report. "The manipulation of this cognitively impaired child by his grandparents should be considered emotional abuse and should call into question the [grandparents'] ability to care for this child."

Reversal

Armed with this information, the Arnolds on Dec. 5, 2008, petitioned Kelly to terminate the Lyons' visitation rights. In the course of two hearings, he took testimony from Ashley Hunt, one of Saar's interns, and Charleston attorney Jeff Woods, who was appointed as Jon's guardian ad litem, that based on their interviews with Jon it would not be a good idea for him to stop visiting the Lyons.

Despite also hearing from Saar during one of the hearings, who stood by his assessment that the Lyons' attempt to alienate Jon from Warren was psychologically damaging, Kelly concurred with Hunt's and Woods' recommendation "it would not be in Jon's best interest to terminate his time with his paternal grandparents" and denied the Arnold's petition on Nov. 13, 2009. Records show an appeal they filed of Kelly's decision to Kanawha Circuit Court was upheld by Judge Tod J. Kaufman on Dec. 16, 2009.

In reversing Kelly's decision, the Court said "while it is undisputed that Jon loves his grandparents and that he enjoys his time with them," their interference with the Arnold's parental decisions has created a toxic relationship between them. Because of that, the Court determined Jon's interests are best served by the Lyons forfeiting future visitation with him.

"The family court found," the Court said, "and the circuit court affirmed, 'as fact that it would not be in Jon's best interest to terminate his time with his paternal grandparents.' We find this assertion to be clearly wrong in light of the testimony of Dr. Saar, and in light of the visitation's interference with the parent-child relationship."

"It is clear that Dr. Saar testified that it was in the best interests of Jon to terminate his visitation with his grandparents and that nothing had happened to change his initial conclusions," the Court added. "We agree with Dr. Saar that such an environment is psychologically damaging to Jon and, therefore, it is in Jon's best interests to terminate grandparent visitation."

In the appeal, the Arnolds were represented by Charleston attorney Dennis R. Bailey, and the Lyons by Charles L. "Dusty" Phalen Jr., also of Charleston, and a former family lawmaster.

West Virginia Supreme Court of Appeals case number 35679

Fathers are as crucial to a child’s well being as a mother

False Allegations Can Terminate Rights

For reasons I’ve never understood, courts have always been loath to punish these exercises in blatant perjury. Well, now they don’t have to. Simple recognition that false allegations that tend to separate a child from a loving and fit parent themselves constitute a form of child abuse will go a long way toward better custody decisions and in the end fewer false allegations of abuse.



Friday

The False Allegations Of Domestic Violence Epidemic ~ #DomesticViolence




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.
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

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