Domestic Violence Run Amuck

Obviously there are many, many instances of assault, abuse, and molestation that cry out for application of Domestic Violence laws to protect the weak, the dependent, and the young. In our current society, questioning the wisdom of Domestic Violence laws as they are applied across the board is considered politically incorrect. That is, until it happens to you or someone dear to you.

We definitely do need women's shelters, batterer's treatment programs, and anger management courses to help save families and relationships that are not beyond saving. But we mustn't simply follow blindly behind the bandwagon of special interest groups that demand more and tougher Domestic Violence laws without questioning their effectiveness or overall cost to society as a whole.

Tossing new, ill conceived laws at frustrating social problems is not the answer. It did not work with the War on Drugs, and it is not working with Domestic Violence. Unfortunately, it is not popular for legislators, the Courts, or Prosecutors to admit that laws they felt would produce positive results have turned out to be dismal failures. Is Domestic Violence less of a problem today because of harsh new laws? Are there fewer drug addicts in your neighborhood after 35 years of the "War on Drugs"? Of course not.

How Domestic Violence Laws can Be Abused or Manipulated:

Here are just two examples of how Domestic Violence charges can be abused or manipulated unjustly.

  1.    A divorced father has weekend custody of his daughter. Sunday evening he drops her off on the sidewalk in front of Mom's home at the appointed time, and the child walks into the house. The child turns to Dad and reminds him that the child's Teddy Bear is still in the car. Because Dad cannot enter Mom's home as part of the divorce decree, he tosses the stuffed animal from the sidewalk through the open door. The bear accidentally hits Mom in the head, knocking off her glasses.
       Spiteful Mom immediately calls 911 and claims she's been assaulted with a Teddy Bear!!! Dad is arrested, cuffed, booked, and charged with Domestic Violence Assault Fourth Degree. During the four months awaiting trial, he is prohibited from visits with his daughter. After 10 minutes of deliberation, a jury finds him not guilty.
       In the meantime, Mom has gone back into family court with her family law attorney and asks the Court to deny Dad even his weekend custodial visits, based on the ridiculous allegation that he assaulted her. Even though he has not yet been to trial, the family law court temporarily revokes his visitation rights. After he is found not guilty of this ridiculous Domestic Violence Assault, he has to return to family court with his attorney to fight for the return of his visitation privileges.

  2.    A sixteen year old daughter living at home with Mom has problems with drugs and promiscuity. Mom sets down strict curfew and conducts random searches of her room. Daughter wants to go live with Dad, who is separated from Mom and let's daughter do whatever she pleases.
       After hearing lectures at school about reporting Domestic Violence and abuse in the home from her counselor, daughter decides to "use the system" to push Mom over the edge. Daughter starts a screaming contest with Mom over violating curfew. She calls Mom all sorts of vile and profane names and will not let the matter drop. Finally, after being called a particularly foul and vulgar name, Mom instinctively slaps daughter once across the face.
       Daughter calls "911". Bingo! Initially CPS responds and moves daughter to Foster Home. Shortly thereafter, daughter is placed with Dad. Mom is charged with Domestic Violence Assault Fourth Degree even though State law allows some forms of physical punishment to discipline a child. Mom is found not guilty at trial, but must now fight CPS to regain custody of her daughter.

Keep the Criminal Justice System from ruining YOUR family and your life in the name of "Domestic Tranquility"!! Being charged with ANY Domestic Violence offense is serious business. A conviction could destroy your family , your job, and your happiness.

Call (877) 242-4808 today, before it's too late!

Nothing on this website is intended to constitute actual legal advice, and is provided for informational purposes only. Nothing contained on this website constitutes the creation of an attorney/client relationship in any form.
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