False Allegationsof physical and sexual abuse have become more and more common in family courts in the last few years as many mothers use these domestic violence allegations as a form of strategy to help win custody of the children. Whether a false allegation is made maliciously or made out of a feeling of concern, the result can be the same for the accused.
Submitted by Anonymous
I worked as a domestic violence advocate for a Midwest domestic violence shelter for about five years. This article and my other ("Inside Story: Domestic Violence Shelters") are based upon my education in the field of criminal justice and domestic violence as well as personal experiences I encountered during my employment.
I truly believe that the United States legal/justice system is the best possible compared to all others in the world at this time.
Does this mean it is perfect? No, not by any stretch of the imagination, which is why it is in a constant state of change and revision.
One area that I believe is long overdue for revision is the area of domestic violence legislation and practices.
A legal system that was designed to protect against abuse is itself being abused, as described in the previous article "How Your Ex-Wife Can Legally Keep Your Kids From You."
The power of false allegations of abuse is undeniable, but the story of Darryl Ginyard gives hope to all fathers being denied their rights to see their children.
High-conflict divorces are often followed by varying degrees of custodial interference combined with false allegations of abuse.
A vengeful ex-wife may deny a father telephone access to his children, interfere with a dad’s participation in their children's sports events or school activities, or thwart a dad's pre-arranged parenting time by refusing visitation.
One tried-and-true tactic used in keeping the children away from their father – many times permanently - is filing a false report of abuse.
By Sarah Long
Cordell & Cordell Minnesota Divorce Lawyer
Restraining orders, also known as protective orders or orders of protection, are better known as tactical nuclear weapons in family law cases. A system that was designed to protect against abuse is itself being abused.
The misuse of restraining orders by women when going through a divorce is one of the more prevalent and unfortunate trends in family law.
This is because protective orders are easy to obtain – all a woman has to do is say that she is in reasonable fear for her safety. Documented evidence of abuse is not required.
With a small statement, the accused (again, the man in about 85% of the cases) can be forced to stay out of the home, barred from parenting time, and prevented from any contact with his children, including through phone and email. In an instant, his house and kids can be taken away from him.
So it's important to be aware of restraining orders and the impact these orders can have on your case. Here are answers to 8 common questions about orders of protection.
Living with a spouse you are divorcing can be awkward and tension-filled, but it's often a necessity many men have to deal with either because of economics or the strategic edge gained by remaining in the marital home.
Until a court order is entered awarding one party exclusive possession of the marital home, both parties have an equal right to continue to reside at the residence.
Therefore, as long as there are no court orders in place, you and your wife are equally entitled to reside in the marital home.
But if your wife really wants you out of the home then it’s likely she could resort to filing a restraining order or similar order of protection to keep you out of your house even if there is no evidence to suggest a restraining order is warranted.
A system designed to protect from abuse is being abused. False allegations of abuse are increasingly rampant in today's family law courtrooms because of how easy it is to obtain orders of protection that give a huge advantage to one side - usually the woman's side.
Tom Lemons explored this injustice in his latest film "DVI: The Inside Story," a documentary that looks at the impact of false domestic violence claims and a legal system that favors those who lie to obtain them.
Lemons talked with MensRights.com editor Matt Allen about the tactical use of false allegations and the destructive, lasting consequences it forces on the man being victimized.
False allegations of abuse. An increasing number of children being born out of wedlock. Unfair child support guidelines.
These are just some of the most troubling issues men and fathers face in today’s society, according to Dr. Gordon Finley, a professor of psychology at Florida International University who researches fatherhood and divorce. Finley's work has been featured in more than 100 publications.
He spoke with MensRights.com and DadsDivorce.com editor Matt Allen about how emerging current realities and anticipated future trends will affect the role of fathers in families and children's lives.
An organization devoted to improving the effectiveness of our nation’s approach to solving domestic violence has compiled and analyzed 50 domestic violence myths that are prevalent in today’s society.
RADAR (Respecting Accuracy in Domestic Abuse Reporting), a non-profit, non-partisan organization of men and women, put together 50 popular domestic violence claims that are made by the media and various organizations and are even included in legislative bills.
The group says its concern is not merely in the large number of dishonest assertions but that the "widespread existence of such myths has come to overshadow the truth of domestic violence."
What follows are eight of the more revealing domestic violence myths, according to RADAR. Click the link to read all 50 domestic violence myths.
Were you ever falsely accused of physical and/or emotional abuse toward your spouse or children, usually to help your ex gain an advantage in your divorce case? Or are you worried that this situation might come up in your future custody battle?
While mere allegations of abuse are not enough to deprive a parent of physical or legal custody of the children, you will need to rebut any allegations with rebuttal witnesses and documents and point out why these allegations are just not true, according to domestic relations attorney Jennifer Paine with the law firm Cordell and Cordell.
Hearing the words “I am pregnant,” can ignite a wide variety of feelings in a man.
He may be overjoyed, terrified, or a combination of the two. For the woman looking to commit paternity fraud, she is hoping that he is filled with the overwhelming sense of responsibility to do the right thing.
Paternity fraud occurs when a woman intentionally names a man to be the father of her child when she knows he is not the biological father, often for the purposes of collecting child support. Paternity fraud has many victims, including the non-biological father, the biological father, the families of both men, and most certainly the innocent child.