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FALSE DOMESTIC VIOLENCE ALLEGATIONS

Friday, October 3, 2014 - Defamation -


ALLEGATIONS THE NEW WAVE FOR THE 21ST CENTURY - From The Father's Rights Movement 

The "Battered Woman Syndrome" burst on the scene almost 20 years ago and the issue of domestic violence appears on the nightly news, and in our newspaper with incredible frequency. 

In the past few years Congress has passed several pieces of legislation including the "Violence Against WOMEN Act" (VAWA) These new laws are gender oriented and begin with assumptions underlying the logic of their language. They are that typically only WOMEN are the victims of domestic violence. (Ignoring data that children and men are also sometimes victims). 

That MEN are typically the perpetrators of all domestic violence. Neither of those assumptions are factually supported by the hard data on family violence. Researchers report that there is no vast difference between the violence of males versus females in the area of spousal violence. 

Only a few percentage points separate the genders. It is in the UNCOUNTED area of CHILD ABUSE that women far exceed men as the perpetrator. But perhaps the WORST of the assumptions in these laws is the denial of or ignorance of the many dynamics in family relationships and the dysfunction that they don't recognize. And that includes the precipitation of violence. The behavior dynamics of BOTH parties. And how seldom is there a truly completely innocent party. Not that there aren't sadistic brutal men. 



The point is that the issue is more complex. There are other issues that need to be considered. 
This is a developing area of law and NOBODY really knows at this point where it is going. But what we know at this point is that the number of allegations is exploding and the number of parents (typically men) who are having ALL contact with their children PERMANENTLY SEVERED is growing exponentially. And men's lawyers are getting creamed in the process. 



Text of The Violence Against Women Act of 1994 Violence Against Women Act Text. (As enacted ammendments) CHAPTER 7 - FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS SEC. 40271. GRANTEE REPORTING. (a) SUBMISSION OF APPLICATION- Section 303(a)(2)(C) of the Family Violence Prevention and Services Act (42 U.S.C. 10402(a)

(2)(C)) is amended by inserting `and a plan to address the needs of underserved populations, including populations underserved because of ethnic, racial, cultural, language diversity or geographic isolation' after`such State'. (b) APPROVAL OF APPLICATION- Section 30

3(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10402(a)) is amended by adding at the end the following new paragraph:

(4) Upon completion of the activities funded by a grant under this subpart, the State grantee shall file a performance report with the Director explaining the activities carried out together with an assessment of the effectiveness of those activities in achieving the purposes of this subpart. A section of this performance report shall be completed by each grantee or subgrantee that performed the direct services contemplated in the application certifying performance of direct services under the grant. The Director shall suspend funding for an approved application if an applicant fails to submit an annual performance report or if the funds are expended for purposes other than those set forth under this subpart, after following the procedures set forth in paragraph

(3). Federal funds may be used only to supplement, not supplant, State funds.'. SEC. 40272. TECHNICAL AMENDMENTS. (a) DEFINITIONS- Section 309(5)(B) of the Family Violence Prevention and Services Act (42 U.S.C. 10408(5)(B)) is amended by inserting `or other supportive services' before `by peers individually or in groups,'. (b) SPECIAL ISSUE RESOURCE CENTERS- (1) GRANTS- Section 308(a)(2) of the Family Violence Prevention and Services Act (42 U.S.C. 10407(a)(2)) is amended by striking `six' and inserting `seven'. (2) FUNCTIONS- Section 308(c) of the Family Violence Prevention and Services Act (42 U.S.C. 10407(c)) is amended-- (A) by striking the period at the end of paragraph (6) and inserting `, including the issuance and enforcement of protection orders.'; and (B) by adding at the end the following new paragraph: `(7) Providing technical assistance and training to State domestic violence coalitions.'. (c) STATE DOMESTIC VIOLENCE COALITIONS- Section 311(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10410(a)) is amended-- (1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5); (2) by inserting before paragraph (2), as redesignated by paragraph (1), the following new paragraph: `(1) working with local domestic violence programs and providers of direct services to encourage appropriate responses to domestic violence within the State, including-- `(A) training and technical assistance for local programs and professionals working with victims of domestic violence; `(B) planning and conducting State needs assessments and planning for comprehensive services; `(C) serving as an information clearinghouse and resource center for the State; and `(D) collaborating with other governmental systems which affect battered women;'; (3) in paragraph (2)(K), as redesignated by paragraph (1), by striking `and court officials and other professionals' and inserting `, judges, court officers and other criminal justice professionals,'; (4) in paragraph (3), as redesignated by paragraph (1)-- (A) by inserting `, criminal court judges,' after `family law judges,' each place it appears; (B) in subparagraph (F), by inserting `custody' after `temporary'; and (C) in subparagraph (H), by striking `supervised visitations that do not endanger victims and their children,' and inserting `supervised visitations or denial of visitation to protect against danger to victims or their children'; and (5) in paragraph (4), as redesignated by paragraph (1), by inserting `, including information aimed at underserved racial, ethnic or language-minority populations' before the semicolon.

 

 

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