RADAR ALERT: RADAR Releases Recommendations to Stop False Allegations of DV

Submitted by Matt on Mon, 2008-10-20 18:23

False claims hurt true victims of violence. Under the Violence Against Women Act, false allegations have reached epidemic levels:

  • According to the RADAR Report, "Without Restraint: The Use and Abuse of Domestic Restraining Orders,"[1] at least one million restraining orders are issued each year in which no violence is even alleged.
  • A recent analysis found 81% of temporary restraining orders in West Virginia are false or unnecessary.
  • In San Diego, prosecuting attorney Casey Gwinn admits, "I would say it’s in the thousands of people who take the witness stand and somewhat modify the truth."

RADAR recently released a White Paper (.pdf file) that analyzes the problem of false allegations. The White Paper presents 10 needed changes to federal and state domestic violence laws to correct this insidious problem:

  1. The definition of domestic violence should be consistent with statutory definitions of physical assault.
  2. Harassment and stalking should be objectively defined in terms of specific acts by the alleged offender, not the perceptions or feelings of the alleged victim.
  3. Partner abuse that does not fall within the above-described definition of domestic violence, harassment, or stalking should be addressed by counseling, treatment, and mediation, not by the law enforcement or criminal justice systems.
  4. In order to obtain a restraining order, petitioners must provide hard evidence of physical assault, harassment, or stalking.
  5. Restraining order petitioners may not make a petition for child custody while a temporary restraining order is in effect.
  6. Because restraining orders can affect constitutionally protected parental rights, judges should use the evidentiary standard of "clear and convincing evidence."
  7. Restraining orders should be issued during ex parte hearings only when objective evidence is presented that the
    violence, harassment, or stalking represents an immediate credible threat to the petitioner’s physical safety.
  8. States should enact laws that penalize the filing of false complaints or engaging in perjury. These laws should pertain to the actions of plaintiffs, attorneys, domestic violence shelters, and other organizations that engage in such activities.
  9. Prosecutors and judges should be encouraged to vigorously pursue such violations.
  10. Government-funded legal services must be made equally available to both the petitioner/plaintiff and respondent/defendant.

We encourage persons to review these recommendations and share them with your state and federal lawmakers to make needed reforms. We cannot allow the epidemic of false allegations of domestic violence to continue.

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Date of RADAR Release: October 20, 2008

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.A.D.A.R. – Respecting Accuracy in Domestic Abuse Reporting – is a non-profit, non-partisan organization of men and women working to improve the effectiveness of our nation's approach to solving domestic violence. http://www.mediaradar.org/.

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Comments

The vast number of restraining orders that are wrongly obtained makes a restraining order so common place to police officers that all of them all start to blur together. And when that start to happen with anything, the nature human response is to start tuning it out just like any other type of environmental noise.

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Submitted by Saint_Thomas on Wed, 2008-10-22 15:20

Yep, desensitized society goes hand in hand with reduced empathy and selfishness. Interestingly the trend seems (I have no evidence so please search for yourself) to be increasing greatly in the past decade which is also the time around the internet became widely used especially cable internet with faster access. Maybe the internet has a certain chronological settling down aspect that will allow people to better interpret what they read?

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Submitted by Michael on Wed, 2008-10-22 20:51

A few weeks ago I escorted a lady friend into the WCFAO (Walker County Family Advocacy Office) to complete the paperwork for a E-P TPO (Ex-Parte Temp Protective Order) after leaving her emotionally abusive boyfriend (relax guys, this one was legit, he really did a number on her).
Aside from the fact that the representative was not the least bit interested in ANYTHING I had to say (I'm a 6'3" 250lb male), the young lady I was escorting was 'hard sell' pressured into claiming physical/sexual abuse and going to the county shelter... despite her adamant recounting that he was, despite being obsessively controlling and oppressive, he never assaulted or abused her physically.
When I requested that I be permitted to review the TPO Petition for accuracy and to ensure she was granted the fullest protection under the law I was ushered from the room and the WCFAO went to work on the girl, accusing me of "he's as bad as the man you just left" and then threatened to remove her from my proximity and have her taken to the shelter.
When my young lady friend queried me as to why she had been pressured to claim physical and sexual abuse and to go to the shelter I explained to her that in doing so she would qualify the WCFAO for significant (to the tune of in excess of $10,000.00) grant monies under various state and federal programs... needless to say she was quite incensed that the Advocate had tried to manipulate her for financial gain.
NOTE: As a very direct result of the Advocates bias against men and her failure to competently perform her job, and as a very direct result of her denial to allow me to review the Petition for correctness, my young lady friend was denied 2 key protections under the law, with substantial adverse affect on her immediate future.
This is, pathetically, not the first time I've seen this happen.
Gunner Retired

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Submitted by Gunner Retired on Sat, 2008-10-25 13:24