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October is "Violence" month home. The purpose of this statement, the awareness about the high level of violence in families is increasing. However, it is also a time to reflect on our laws, who create injustice and how to defend themselves against false accusations of abuse in a defective legal system.
Gender domestic violence
Today a war raging on the issue of domestic violence.
Groups of women say they are the first victims of NationalAbuse and orchestrating campaigns seeking sympathy for their position to respond. These efforts have been amplified by high profile cases of alleged abuse of stars such as Ike Turner, OJ Simpson, Mike Tyson, James Brown and Tommy Lee. The cases and campaigns eggs are often the focus of media in the United States. This attention in recent decades has brought awareness of domestic violence against women, and new laws to prevent domesticAbuse - some that focus specifically on women. One example is now visible Violence Against Women (VAWA Act) entered for reauthorization in Congress this year. This gender-specific laws on one side, but appeals to sentiment and traditional social mores.
Instead, until recently, groups of men are much less vocal. More recent efforts have led, however, the Judiciary Commission of the House adding gender neutral language, violence againstWomen Act in July 2005. However, abuse by women against men reported significantly lower for several reasons, see below, the men who support a legal system that is much less sympathetic treatment of men. One thing is certain, than women, there are very few social programs or non-profit organizations offer help to male victims of abuse and male victims of false accusations of abuse. Instead, every month seems to be new programs that spawn clinicalShelters, advocacy groups, and counseling centers that deal with abuse of women's issues.
Part of the problem is with statistics. It 'was once said that "lies, damned lies and statistics." Huge funds are for domestic violence with staggering disparities in the statistics that protect them. Statistics are by their nature, manipulable and subject to an appropriate methodology and a wide range of social variables. Some of the reasons cited for the accident under reporting of domestic violenceWomen against men include the social stigma, so that they, and the systematic tendency against claims by workers of law enforcement and the courts themselves, a deterrent to reporting.
Regardless of "who does what to whom more often" arguments, the way the legal system addresses such claims paves the way for use by participants, false accusations of abuse.
False allegations of abuse
One of the major criticisms of the legalSystem that addresses domestic violence including the structure and regularity in which false allegations of abuse and are considered by the courts with the primary intent of finding an advantage in divorce proceedings and custody.
One of the main catalysts for this abuse of the system is that there is broad definition of domestic violence. In most legal systems, in which domestic violence: the intentional and unlawful infliction of physical harm, bodily injury, assault, intentional orunlawful infliction of fear of imminent physical harm, injury or physical harm, family or household members, or a criminal sexual act, committed against a family member or a family member by another family or household. "Fear of harm" is a very subjective standard and one that can be extremely difficult to combat. A voice was raised raised or gesture, or is interpreted as threatening, can be used to make the claim domestic violence has occurred. This problem isgreater for men who are often larger than women and perceived as aggressive or more on a social generalizations which may, in exercise of official law enforcement, police reports and court room Reflected Judges render sentences.
Consequences of domestic violence claims
Allegations of domestic violence can have both civil and criminal penalties. In the civil context, the accusation of abuse of domestic violence restrain ScoreOrders, often called "Orders of protection." You can also have a criminal background in connection with assault or battery.
The importance of a judicial finding that domestic violence has occurred deep. In the context of criminal proceedings or penalties shall be imposed, imprisonment and "no contact" orders placed, the child may require the offender to leave the family to reside or no contact between a parent e. In the civil context, including divorce andCustody proceedings, the consequences are equally severe:
Presumption of custody. Most states have a presumption in law that occurred in the case of domestic violence, the perpetrators of that abuse is not physical, nor physical custody will be awarded.
No mediation in disputes. It is often assumed that occurs in cases of domestic violence, mediation for family disputes should not be necessary.
The restrictions on abusive behavior. A domestic violence restraining order isinclude a caution that defendant committed acts of domestic violence against the victim.
No contact and criminal violation. In cases where domestic violence has been found by experience, the Court will enter an injunction that would prohibit someone from contacting the victim directly or indirectly, whether through letters, e-mail , calls or messages through third parties. Any violation of these provisions immobilization, regardless of whether the contact initiated byVictims or not is a crime against the imprisonment in may be the result;
Exclusive use of the site. As a result of provisions, no contact info for domestic violence injunction, the defendant is also often within the family residence, Including all assets that remain, whether the family residence or Solely or jointly owned or leased by the parties. Often they will end the allowances for police officers to a party, accompany theResidence in controlling the disposal of personal property limited.
Problems Parents. A domestic violence restraining order is often agreed to limit their contact with children, may have been exposed to domestic violence. This in no time parents or parents monitored period.
Anger management and treatment. The court may also require a defendant to participate in a program of anger management, chemical dependency treatment and other therapies as a condition ofNormalization of contact with his children.
Restriction of civil liberties. In addition, the registration of a domestic abuse restraining order effects on other civil liberties. For example, under the federal "Brady Bill" as the perpetrator of domestic violence is excluded from the purpose of holding or in possession of a firearm for all.
Deportation. is a man who only lived in the United States, or has no legal status in the United States may be excluded from the search for legal immigrationWas based on the existence of an abuse.
Of course, if false accusations are made to abuse, the stakes are very high. Ironically, this is due to the low burden of proof for those who opposed civil restraining orders in domestic violence and the way in which abbreviated hearings are usually held.
Orders of protection, and judicial proceedings of evidence
In most countries it is the proponent that domestic violence has occurred, the burden ofTest for required only a "preponderance of evidence." A "preponderance" simply means that the party must demonstrate that it is more likely than not that the abuse occurred. This is the lowest legal standard of proof in the judicial system and a high degree of discretion is one trial court to determine whether this standard is met on the left. Too often, the courts issue a restraining order on extraordinarily weak evidence, to err on the side of caution. After all, are seeking a courtReelection wants their picture splashed across the pages of the Daily News trumpets inability of a person who is being abused then attacked later to be protected.
And 'equally disconcerting that the civil domestic violence hearings are conducted with little time to prepare, especially for the defendant, as well as a shortened way to accommodate the crowded court docket. While a person claims to domestic violence to plan their event in advance, the preparation of documentation or the production of othersupporting evidence for their claims, a defendant is often need to respond to allegations of abuse in the preparation of one or two weeks or less. If an oral exam takes place, the judge may often limit testimony and evidence for the case fits his agenda, often provide that the parties less than an hour or two to present the case. Since the defendant procedural their case, the second of his time is often very limited.
In most countries, a demanddomestic violence restraining order is also seeking an order under Part emergency order issued after more permanent return to court for a hearing. To provide an order ex parte, a person (often an abused woman shelter, lawyer office or domestic violence support) may submit an Affidavit seeking ex parte relief and movement. ex-parte relief is emergency relief and the allegations are reviewed by the court, unilaterally and without rebuttal by the accused.Based on this unilateral model, can the Court issue an order that the defendant removed from the family home, close contact between the perpetrator and the victim and the children often, and bring the matter to a hearing in the near future, but often weeks.
At the hearing of return, the parties are required, their witnesses and evidence to bring the problems of abuse by ex parte petition raised issues. At that hearing, the judge in manyJurisdictions offer a defendant the following options:
Accept the preliminary injunction without a finding that abuse has occurred;
Go to a hearing as evidence the allegations Contest.
The first option is often attractive given the low level of evidence that domestic violence hearings and the significant impact of the finding that abuse has been applied. Remember, the finding that domestic violence has occurred, the presumption that the person should not be doneCustody of children. The agreement on an interim result of abuse can live without a way for the defendant to fight another day in family court where the issues of custody. The disadvantage of this concession is that:
injunction is as long as a year in force, unless amended by a court decision that may restrict contact with parents and children affected;
any violation of the order results in criminal activity, thisProviding food for future false allegations that the order has been violated;
The victim may later try to extend the order on the previous period, and may do so often in flimsy evidence.
The second option denies the allegations in court, requires an aggressive defense. Too often busy schedules cause short domestic violence hearings in which a court enters an order that can significantly affect the future rights of the defendant. You should always checkHiring a lawyer is settings, eg to ensure that rights are protected, that evidence is properly presented and therefore inconsistencies false accusations of abuse can be exposed.
Protect themselves against accusations of abuse
to avoid conflicts. Related to domestic violence, we can say that an ounce of prevention is worth a pound of cure. If there is marital conflict, especially if the divorce is threatened, it is important to dampen anyConflict. Remember, what constitutes a "danger" refers to domestic violence, is subjective. Something as innocent as blocking a person leaving a room, so to speak "things" can be interpreted as domestic violence. Hang up the phone on a person for the same purpose may be sufficient to maintain domestic violence.
Use witnesses. When a divorce is threatened, it is always a good idea to have independent witnesses available when events are planned thatcould potentially cause conflicts. Even after a conflict to play a role as a witness, observing the environmental condition, whether the injuries were evident or the attitude of the parties.
File for a loan. If allegations of abuse arising from a particular internal conflict, you can first file for an injunction. Although this does not happen, many countries may help find a job after the fact, that leads to a potential for mutualOrders. In some jurisdictions, the allegations of any petition may be treated in the same session. In other separate hearings be held.
Address of the legal norm. Too often, seeking a temporary injunction submitted affidavits in which the question of whether they are truths, not the rule of law to enter an injunction. The result can be knowledge of the rule of law in your state is important. Where weaknesses are exposed in the pleadings, the case may be dismissedwithout hearing evidence. For example, allegations that an accused person to a third party that damages the victim may not be sufficient to explain why they are based on hearsay or other unreliable and that the threat was not made directly or made with the intention that Create fear is the damage to the victim. Cases of abuse that occurred long ago are often not sufficient to support a case for domestic violence when it does not hurt current expenses or to instil fear. Harm
Expose inconsistencies of fact. Once domestic violence is alleged, a primary goal would be to explain inconsistencies in the statements. The strongest inconsistency would be a strong alibi for the time in question. There is some independent evidence to refute the allegations? Do you have a call during the period in question that can be taken by telephone records or independent witnesses? Have you received, ATM receipts, store, or time sheetThe documents that can demonstrate your unavailability at the time of the alleged abuse? There are potential witnesses, bruises and injuries have seen, allegedly in a domestic accident can be supported in time before the alleged incidents?
Expose Documentary Inconsistencies. The more a person makes statements on their complaints of abuse, the greater the possibility may be that there are contradictions in their statements. Carefully compare the affidavits against police reports orother documents, including statements seem to exist in child protection records or medical reports.
Expose Behavioral Inconsistencies. After it was alleged domestic violence, can be crucial to emphasize that the victim acted in conformity half of a victim would respond. How much time elapsed between the alleged abuse and the complaint? Perhaps the victim initiate friendly contact after the abusive incidents that are presumed? If the victimParental leave after the incidents of alleged abuse do? Perhaps the victim to contact police, there was parents, friends or other persons at or shortly after the alleged incident of abuse? Those who call the person after the alleged abuse occurred?
Exposing the motivation to fabricate. Evidence that any alleged victim had a motive to lie, is precious. The most important test is independent evidence, such as letters, emails or other documentation from the victimthreatening a custody battle or implying that they claim that the abuse took place.
Challenge general allegations. Allegations of misuse can often broad and generalized, so that no specific dates or times are included. Such statements may also challenges such as lack of a general nature and the burden of proving that abuse occurred only be a preponderance of the evidence.
Subject of further allegations. Many Court will not allow a complete sacrifice of their initial briefswith new allegations at the hearing. This often occurs when the victim's initial allegations were generalized or if she feels that the case is not going well. An appeal can only be the testimony that is presented is outside the scope of the original pleadings and, therefore, prejudice the accused capacity to respond. In many countries, this statement can be excluded.
Present your case
At a return hearing, the judge will hear evidence in relationallegations of abuse. Before that happens, the court may ask the defendant if he enters with a protective layer around objects or if he will agree to its entry without a finding that abuse has occurred. After determining that a process can take place should the court, the parties who rely on a limited amount of time to present their case.
The petitioner or applicant is the person that allegations of abuse. This would present their case first by calling theirwitnesses to testify and to present all the evidence provided by witnesses.
The accused or defendant is the person who defends against accusations of abuse. He will have the opportunity to raise exceptions or evidence proving that is not offered in order and not cross-Examine witnesses testify that the petitioner. During direct examination to listen for statements that are not based on personal experience. Such statements should be challenged as inadmissibleHearsay. Key phrases to listen for to identify hearsay statements include: "She Said", "I was told," I learned, "he said."
If the documents are submitted as evidence to hear the testimony to determine whether it was set to provide any legal basis for the document. "Foundation" means that the witness has given evidence to prove the facts that it provides a reasonable basis for believing that the document is authentic and reliable to determine. Otherwise, you can use the object as an object is missingFoundation. "A witness may not testify to the contents of a document, unless and until it was offered and accepted by the court as an exhibit.
With regard to your cross-examination, it is important to prepare an overview of themes that cross Examine Each witness Including the testimony is meant by illegal. Under questioning, you should expose the inconsistencies in the claims of the petitioner, including the date of the alleged, focus site, wherethey occurred, persons present, inconsistent behavior of the victim after the alleged incident of motivation for the witness or victim and inconsistencies with other statements of the victim. Under questioning, you must not quarrel with the witness. You can create your own version of events to present as part of your case in chief. Instead, the interview questions will be conducted by a fact of life and particular state. Or, for example, instead of asking the open questions of "whathappened. "You should tell the witnesses what happened. Some examples:
"It is true that we speak with victims in preparation for your testimony today?"
"Actually, we talked more than once?"
"They keep a friend?"
"They want to see her prevail today, is not it?"
"It is true that are not present at the time of the alleged abuse has occurred?"
"It is true that the only information you have is, what theVictim told you? "
After the petitioner has presented all its witnesses, the Court will have the opportunity to present your case. At that time he would call any witnesses to testify on your behalf. Would witness the first question. Once the investigation is complete, the other party the opportunity to cross-examine them. It is not generally a good idea to have a witness to be hostile to your position, or who do not know what they say will call. We recommendPrepare your witnesses, before discussion of the questions I ask each of them, and what do you think can be questioned by the counterparty to the interrogation.
direct examination of your personal testimony is very different from interrogation. The direct examination is your witness of the stars. You should ask open questions and allow them to court to explain what has happened so narrative. You can not lead. A good question can be as simple as"What happens next?"
When presenting evidence such as a photo or document, you must realize that the basis for admission in your testimony. When a good test is completely useless if they have not admitted as evidence. Foundation can, showing how and when the disk or the photo was created, and that a true and accurate statements or images that represents is made. For example, foundation questions follow a similar pattern to thatExample below:
"Your honor, I approach the witness?" (You may have identified the problem by the clerk if this was not done in advance of the hearing. That is, a sticker on the plate with a number or letter is placed on them and described as "Appendix 1" or " Exhibit A).
"Mr. Jones, I'll show you what has been marked as Annex 1. You recognize this picture?"
"If you get the picture?"
"When it was taken?"
"You were thatTime. "
"It's a fair and accurate representation of the house that day?"
(Place after the publication base, you have the framework, providing the opposing party or counsel and move the court for its admission in evidence.) "Your honor, the 1st defendant Show"
(After the problem has been accepted in evidence shall be permitted to question the witness about the content).
After the defendant has called their last witness, would rest. At that time, the Courtmay allow the parties a short shutter speed reason, they believe the court must or must not do harm to the protection order. This is a time to summarize the weaknesses in the evidence and argue that the plaintiff has the burden of proof under the Statute met.
After these brief arguments, the court will issue its decision.
Conclusion.
There is no silver bullet to stop a victim of false accusations of abuse. The threat will continue to exist asAs long as the current definitions for abuse and the legal rules of evidence remain in force without further procedural safeguards. Consequently, it is extremely important to be vigilant for warning signs that allegations of abuse and can be done proactively challenge them if they are aggressive.
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