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Encyclopedia > Allegations of domestic violence

Allegations of domestic violence are frequent in post-divorce/separation situations. The consequences of such allegations can be serious for the alleged perpetrator since occupation of the home and custody of the children may be at stake. There are three main areas of debate in this controversial field. Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse, which can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support, child custody... Separation may refer to a several different subjects: In chemistry, separation refers to the separation process. ...

Typical Parenting Order Reducing Father to Visitor part of Order of Protection
Typical Parenting Order Reducing Father to Visitor part of Order of Protection

Contents

Download high resolution version (1224x1583, 645 KB)Typical Parenting Order File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Download high resolution version (1224x1583, 645 KB)Typical Parenting Order File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ...


Legal burden of proof

Fathers' rights campaigners contend that situations where assault has been alleged should properly be dealt with by the criminal courts and not be treated as an untested slur on a man's character in family proceedings. The legal principle of innocent until proven guilty should apply as much to allegations of domestic violence as to any other allegations of criminal behaviour. Furthermore, the legal burden of proof - beyond reasonable doubt - should apply. As against this, others including women's groups point out that the victim may be too frightened to give evidence to the police. Consequently, they argue that the burden of proof should be less, i.e. on the balance of probabilities, or the precautionary principle should be used. The Fathers rights movement is a stream in the mens movement primarily interested with family law and gender bias issues as it affects biological fathers. ... In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ... The precautionary principle, a phrase first used in English circa 1988, is the idea that if the consequences of an action are unknown, but are judged to have some potential for major or irreversible negative consequences, then it is better to avoid that action. ...


Definition of domestic violence

Full article: Domestic Violence Domestic violence occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate or harm the other. ...


The legal definition of domestic violence in common law countries (including the USA and UK) also includes non-physical assault e.g. stalking, silent phone calls, threatening language etc and "low-threshold" actions such as touching. Fathers' rights campaigners believe that a low threshold for what types of conduct can be construed as violent will be used in child proceedings to make allegations of violence against them on tenuous grounds. There are three definitions which have generated particular alarm due to the ease of fabrication as a basis for contact denial: This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...

  • Fear of violence
This is the view that even if there had been no violence, then the fear of violence from the father on the mother would be sufficient to deny contact with the child(ren). This matter is usually addressed in practice by arranging that no direct contact takes place between the parents at the point of changeover or by using contact centres.
  • Stress arising from other parent's contact/(custody) application
This is the view that it is a risk to allow a parent-child relationship to continue where an application for contact results in stress to the child or child's carer. Thus, going to court to obtain parenting time with one's children can be used as a reason to deny it. [1]
  • Denial as domestic violence
There is also concern that a man who denies that he has committed domestic violence may be regarded as committing domestic violence by his very denial.

Contact centres are places where an estranged parent can see his (or her) children under supervised conditions. ...

False allegations of domestic violence

The prevalence of allegations of domestic violence when couples break up is not surprising. However, fathers' rights campaigners contend that many of these allegations are false and are motivated by the gains in property and child custody which may accrue to the alleged victim. High profile cases of false allegations of rape include that made against Neil Hamilton, the former British government minister. It is also pointed out that the Home Office Research Report 191 concluded that men and women were equally likely to initiate domestic violence; several studies in the USA have come to the same conclusion. Many are concerned that the prosecuting authorities simply do not take seriously the violence perpetrated by women on men. Mostyn Neil Hamilton (born March 9, 1949) is a former solicitor and Conservative MP in the United Kingdom. ...


The countervailing view is that there is evidence to disprove arguments that falsification of domestic violence claims are rampant and not genuine. The Domestic Violence Legislation Working Group of Australia has stated that there is no "firm evidence that misuse of the legislation is rampant", in the New South Wales Bureau of Crime Statistics evaluation report of the apprehended violence order (AVO) system have concluded that a majority of women taking out AVOs in situations of domestic violence have done so genuinely. Emblems: Floral - Waratah (Telopea Speciosissima); Bird - Kookaburra (Dacelo Gigas); Animal - Platypus (Ornithorhynchus Anatinus); Fish - Blue Groper (Achoerodus Viridis) Motto: Orta Recens Quam Pura Nites (Newly Risen, How Brightly You Shine) Slogan or Nickname: First State, Premier State Other Australian states and territories Capital Sydney Government Const. ... An injunction is an equitable remedy in the form of a court order that either prohibits or compels (restrains or enjoins) a party from continuing a particular activity. ...


A further argument against widespread falsification relies upon the fact that lying about domestic violence is perjury which is severely punishable. Whilst this is an attractive argument it is weakened by the observation that perjury is very seldom, if ever, followed up in the family law system. However, there may be civil causes of action available for a party wronged by false allegations of domestic violence such as sanctions, abuse of process, and malicious prosecution. Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ...


The sharp rise of allegation of domestic violence is evinced from child custody disputes in family court (Baskerville 2006). Others have noted that during a divorce proceeding, when children are involved, domestic violence allegations and orders of protection "usually have the effect of separating them from one of their parents."


In addition with up to eighteen years of monthly payments, there is also a financial incentive to give false witness in court. For example, Sean "Diddy" Combs was ordered by a New York county family court to pay over $19,000 monthly for one child about 11 years old to the mother for child support. This award is valued at more than $1.6 million over seven years. This amount excludes alimony payments for school, camp, insurance, and medical. In many countries, child support is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has broken down. ...


Some who fear the prospect of a future false allegation have resorted to utilizing surveillance to capture the audio or video of an event, in an effort to exonerate themselves from false charges. See DontMakeHerMad.com.


References

[1] Proceedings often mean a standstill in the child's development while his or her carer's emotional energies are taken up with the case and the child is only too aware that he or she is the centre of attention and somehow responsible for this and the resulting distress. (Reference: Contact and domestic Violence: the Experts' Court Report by Sturge & Glaser 2000.)


See also

In many countries, child support is the ongoing obligation for a periodic payment made by a non-custodial parent to a custodial parent, caregiver or guardian, for the care and support of children of a relationship or marriage that has broken down. ... Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse, which can be contrasted with an annulment, which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support, child custody... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... The Fathers rights movement is a stream in the mens movement primarily interested with family law and gender bias issues as it affects biological fathers. ... Mens rights is a stream in the mens movement. ... This article or section seems not to be written in the formal tone expected of an encyclopedia entry. ... The examples and perspective in this article do not represent a worldwide view. ... Paternity is the social and legal acknowledgment of the parental relationship between a father and his child. ... Shared parenting is the common term used to describe a family arrangement after separation or divorce, in which the care of the children is substantially shared between the biological father and mother, leading to a situation where the child knows that both his or her parents are involved in their... It has been suggested that this article or section be merged into Fathers rights. ...

Research

  • 85% of order of protections are awarded to females, 7% of petitions denied. State District Court

 
 

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