Hold False Accusers Accountable

false allegations - 2016False AccusersDear Friends,

June is False Allegations Awareness Month, and this year’s theme is “Hold False-Accusers Accountable.”False allegations of DV to Police - 2015

We have put together a list of activities to helpp you educate others on false allegations of abuse. First, educate yourself with our hand-out “False Allegations by the Numbers.” Then ask your local newspaper or radio station to cover the issue. [image: False Allegations Awareness Month] *Read More:*Silver Bullet of Domestic Violence-Family Law -- 2016

a0249-afla2bcauses2bto2bblog2b-2b2015One in six Americans know someone who has been falsely accused of domestic violence. The silver bullet in divorce, false allegations are sometimes used to obtain child custody. This despicable act removes fit and loving parents from the lives of their children. Please take a moment, as soon as possible, and speak out for the millions of children who are missing a falsely accused parent. And do it for the parents who are grieving for their children, stolen with a lie.

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Prosecutors Engage in Wide Range of

UNETHICAL PRACTICES

ae06b-stop2bdvCPI Report: http://bit.ly/12kh45G

LIKE and SHARE if you think prosecutors should have integrity.

FLORIDA DOMESTIC VIOLENCE LAWS

Domestic violence law in Florida is not just one law, but several laws that operate together. Thus, it is more accurate to think and speak in terms of Florida’s Domestic Violence Laws. The reason is very simple: Florida’s legal system creates many different types of domestic abuse that constitute a violation of the criminal law.

One of the most significant problems with the entire statutory structure is the absence of even recognizing false allegations. Sure, Florida has a section prohibiting the filing of a false police report. Yet, the penalty is a misdemeanor – unless the victim of a false allegation is in a special protected class, such as law enforcement officers. Worse, these types of offenses are almost never prosecuted and when they are, they receive scant publicity compared to the publicity an alleged abuser receives.

Florida Domestic Violence Laws: Overview and FAQ 

bc8cb-afla2bcauses2bto2bblog2b82b-2b2015FALSE DOMESTIC VIOLENCE CHARGE AWARENESS MONTH

June is False Domestic Violence Charge Awareness Month in Florida. Each year, thousands of lives are damaged by false domestic violence charges. Why do people – men and women – file false domestic violence charges? Several reasons:

  • To gain leverage in a divorce action
  • To protect themselves when the police are called and they are afraid of prosecution if they don’t make a false accusation
  • To win a lawsuit, often without even filing one – gaining hush money
  • To get ‘payback’ for a slight, real or perceived
  • Simply because someone is angry
  • To win an argument in a very dramatic and public fashion
  • To join the ‘brotherhood and sisterhood of victimhood’ – being a ‘victim’ gains a special status, a place of honor for their ‘suffering.’

A Domestic Violence charge is far too serious to be trivialized by false allegations, which are rarely prosecuted on the flimsy ground that prosecuting false accusers would deter real victims.

Real victims are people who have truly been victimized by the wrongful, violent conduct of another person – including victims of Domestic Legal Violence: The use of Law Enforcement Officers to physically force someone into jail and force them to be prosecuted and threatened with further imprisonment for a crime they did not commit.

False DV Allegations - CRIMESo each June is False Domestic

Violence Charge Awareness Month

Judge Judy Sheindlin on

False Allegations of

Domestic Violence

June is False Domestic Violence Charge Awareness Month in Florida. Each year, thousands of lives are damaged by false domestic violence charges. Why do people – men and women – file false domestic violence charges? Several reasons:

  • To gain leverage in a Child Custody Action
  • To protect themselves when the police are called and they are afraid of prosecution if they don’t make a false accusation
  • To get ‘payback’
  • Simply because someone is angry
  • To join the ‘brotherhood and sisterhood of victimhood’ – being a ‘victim’ gains a special status, a place of honor for their ‘suffering.’

A Domestic Violence charge is far too serious to be trivialized by false allegations, which are rarely prosecuted on the flimsy ground that prosecuting false accusers would deter real victims.

A Child's Rights

YouTube

“Most state laws require that courts treat mothers and fathers equally when it comes to matters of child custody. When I presided as a judge in Manhattan family court, that was the law, and that’s how I treated each custody case. Families, especially children, suffer when this law is not followed. Unfortunately, I’ve seen this happen all too often. What has been your experience with this difficult subject? I look forward to your stories.” ~ Judge JudyFalse Domestic Violence Allegations As Advised by Family Law Lawyers - 2015

Judge Judy Sheindlin on Joint Custody

When Judy Sheindlin was on Larry King Live last week, the issue of joint custody came up. Here is an excerpt from the interview:

SHEINDLIN (“Judge Judy”): I was a lawyer in the family court for ten years. I worked for the corporation counsel’s office of the City of New York. I prosecuted juvenile delinquency cases. I did support and paternity. So, I was in the trenches and even then, Larry, it took me time.

I remember the first day that I took the bench. It was in the Bronx and the court officers, if was pretty formal back then, court officer said, you know, say “All rise” and I stood up because I was accustomed to they say “All rise.” We stood and finally the court officer said “You can sit down now, judge. They’re standing for you. You can sit down.” So, even when you have experience you need time to get comfortable in your chair.

KING: I had a judge who became a federal judge told me once that the hardest thing to decide was custody cases. First he had no experience. Who has experience with custody cases? He’s been happily married, has children. Who gets whom? Isn’t that the hardest to give a child from one parent to another?

SHEINDLIN: Yes. Sometimes it’s relatively easy because the choices are clear but I’ve always thought in this country we do a terrible disservice to fathers. You know there was a time many years ago when we had what we called the Tender Years Doctrine, which meant children of tender years, young children, always went to their mother.

And then all of the courts in this country said that’s not fair. We have to be equal. So, on the books there is a law that says no one parent is favored over the other, now that’s honored more in the breach than it is honored in actuality. And, I have been a proponent for many years of there being a presumption in this country for joint custody of children. That’s where courts should start.

KING: That’s where you begin?

SHEINDLIN: That’s where you begin and if you’re going to deviate from that, you have to demonstrate by clear and convincing evidence that there is some valid reason why you’re going to deviate from that because one parent is crazy, one parent has a drug problem, an alcohol problem, something’s wrong.

But that should be the standard joint custody because children are entitled to be raised by two parents even if the parents don’t get along anymore. I mean I think it’s horrendous when one parent picks up and moves out of the state or moves 250 miles away and some judge in the family court, the domestic relations court usually if it’s the mother who has moved away says, “Well, we’ll have a hearing to determine whether it was the right thing.”

No, no, no, no, no. You can’t say to people who you’ve lulled into this sense of I’m equal, you’re an equal father. You can take off paternity leave. We expect you to participate in the rearing of your children, to go to open school night, to be out there to play with them. Very often there are two people working in the household. They divide authority and you’re equal except when there’s a divorce.

And then, how often, Larry, I ask you the question, do you hear it quoted in the paper “He lost custody of his children”? You don’t hear that. You hear “She lost custody. There must be something wrong with her.”
Well I think that that has to change in this country because it was my experience in the family court, and I left the family court ten years ago, but even my experience on the television courtroom suggests to me that there are as wonderful a group of fathers out there as a group of mothers and it’s about time that this country recognize that in not only the letter of the law but the spirit of the law as well.

Judge Judy on Timesharing - 2016

12 thoughts on “Hold False Accusers Accountable

  1. Can I simply say what a comfort to discover someone who really knows what they’re discussing on the net. You definitely understand how to bring an issue to light and make it important. More and more people should look at this and understand this side of the story. I was surprised that you aren’t more popular because you certainly have the gift.

    Like

  2. Families crumble for any number of reasons: divorce, the death of a parent, drug and alcohol abuse, incarceration. Grandparents in the U.S. do have rights and can seek visitation with grandchildren, but those rights vary from state to state. Understanding your basic rights can help ensure that your relationship with the grandchildren doesn’t end should that with their parents. Of course, every case involves a unique set of facts and grandparents who find themselves suddenly cut off from grandchildren should consult a lawyer to discuss the course of action their specific situations require.
    https://childrensrightsflorida.wordpress.com/2016/01/09/do-grandparents-have-the-rights-they-should-grandparents-com/

    Liked by 4 people

    • Child custody and visitation; the relationship continues

      Who is going to have custody of children when the couple separate or divorce? This decision has to be made along with, how the children will be taken care of and the visitation, the how of each parent spending time with the children. Relationships cause connectedness and there are orders to abide by. There are two types of custody orders.

      There is Legal custody. The parent who has the custody will be important decision maker about the child’s health care, doctor, dentist, orthodontist, psychiatric, mental health counseling, therapy,education, religious activities or institutions, welfare, school, childcare, sports, summer camp, vacation, or extracurricular activities, travel, and place of residence.

      There is also physical custody, ordering with whom the child will live. In joint custody the child can live with both. Under sole or primary custody the child will live with one parent much of the time and visits the other parent usually. There are cases of judges allowing parents joint legal custody and not joint physical custody, both parents share the responsibility in important decision making and the child lives with one parent and the other receives visitation right.

      There is visitation plan to prevent and reduce confusion, anger and further conflict. Under supervised visitation, when the child’s safety and well-being is at issue or if the child and the other parent would need gradual exposure, it is supervised by custodial parent, an adult, a professional agency or a mental health counselor. There is also a “no visitation” rule about that, even if with supervision, physical and/or emotional welfare of the child can be jeopardized. When visitation, custody or time share plan is drawn the above issues are clarified.

      There are visitation guidelines, also known as time-share. Here a plan is set about how the both parents will share the time with the children. Either one (sole custody) or both parents (called shared custody) can have custody. Under normal circumstances, the judge consorts about arrangements with the parents and reaches a final decision about custody and visitation. If there is disagreement between the parents the judge will make that decision at a hearing. There is usually a mediator about custody and visitation. The family court services provide the mediator for the parents to reconcile.

      Custody and visitation is decided considering the best interest of the child’s health, safety and wellbeing. Here history of abuse by either or both parents is considered.

      The Five Methods Of Establishing Paternity In Florida

      In Florida, there are five ways to establish paternity. The first is marriage. If the mother and father are married to one another at the time of the child’s birth, paternity is automatically established. The second method, as will be discussed at length below, is through an Acknowledgement of Paternity form. This method involves the signingpaternity test of a legal document, whether in the hospital at the time of the child’s birth, or later on. The third method is an administrative order based on genetic testing. Genetic testing is done through DNA testing, and involves a comparison of the DNA of the mother, alleged father, and child. The fourth method is court-ordered paternity by a judge. Finally, there is the method of legitimation. Legitimation occurs when the mother and natural father get married to one another after the child is born, and then formally update the child’s birth record.
      The State Statute Governing Paternity in Florida

      Paternity laws are covered in Florida statute 742.10. As shown by the existence of five different ways of establishing paternity in Florida, a distinction is made by whether the child was born in or out of wedlock. This distinction has bearing on whether a father is a
      Other Interesting Articles
      Establishing Paternity in Florida
      Disestablishment of Paternity in Florida
      Paying Child Support When You are Not the Father
      biological father, legal father, or both. A father is both the legal and biological father is he was married to the child’s mother at the time of the child’s birth. If, however, the child was born out of wedlock, a biological father will have to take formal legal steps to become the child’s legal father. This process is relatively easy if the father and mother are on good terms, and have a mutual desire for one another to visit and develop a parental relationship with the child, support the child’s financial, educational, and health needs, and participate in the child’s upbringing. In such cases, the Acknowledgement of Paternity is voluntary, and not at risk of cancellation by either party.
      Acknowledgement of Paternity Alone Does Not Grant Custody Rights

      Fathers often think the Acknowledgement of Paternity form grants more rights than it really does. This is understandable, given the language of rights, responsibilities and duties on the form. However, legal establishment of paternity does not guarantee actual custody rights, such as time-sharing or making decisions regarding the child’s education and upbringing. These rights must be granted by a court. Absent court-ordered time sharing and parental responsibility rights, a father, in reality, possesses only limited rights. Notice is one such right, meaning a father with legally established paternity rights is entitled to notification in the event the mother chooses to put the child up for adoption. Additionally, such notice provides a father with paternity an opportunity to obtain custody rights. Lastly, just as an Acknowledge of Paternity does grant some limited rights, it also restricts rights. For example, by acknowledging paternity, a father, absent fraud or duress, will almost certainly be prohibited from later calling paternity into question by requesting a DNA test.
      The Putative Father Registry May Afford An Opportunity To Assert Custody Rights

      For fathers seeking custody in lieu of the mother putting the child up for adoption, the Putative Father Registry is one option. Putative means “generally considered or reputed to be.” The purpose of the registry to allow a man contending to be the unmarried biological father of a child to preserve his right of notice and consent in the event of an adoption. As with the Acknowledgement of Paternity, registration is time-sensitive. While a claim of paternity may be filed at any time before the child’s birth, a claim may not be filed after a petition for termination of parental rights is filed.
      Full Responsibilities Even When There Are Only Limited Rights

      Though an Acknowledgement of Paternity creates only limited rights, it does create serious responsibilities. By signing the form and assuming legal responsibility for a child, a father becomes liable for providing financial support for the child.
      Filing a Petition for Paternity Is The Only Way To Obtain Legal Custody and Decision-Making Rights If the Mother and Father Were Unmarried At the Time of The Child’s Birth

      To obtain more than the limited rights created by an Acknowledgement of Paternity or registration with the Putative Father Registry, a father must file a Petition for Paternity. Admittedly, this is confusing; why, after all, would one need to petition forpaternity and child supportpaternity after acknowledging it? Nonetheless, the petition must be filed. In doing so, one requests that the court grant the father decision-making and time-sharing rights. Absent such a grant of rights, the child’s mother possesses all rights concerning parental responsibility and custody. All this is to say that an Acknowledgement of Paternity merely establishes the presumption that the man who signed the child’s birth certificate is the father of the child. It is the Petition for Paternity that confirms the presumption and actually creates the father’s parental rights.
      There Are Numerous Benefits To A Successful Petition for Paternity

      A successful petition for paternity grants a father several significant rights. By granting parental responsibility rights, the court gives a father the right to participate in decision-making concerning the child’s education and healthcare. Secondly, a successful paternity action mandates a time-sharing arrangement, thereby allowing a father to spend time with the child. Third, a successful paternity action has bearing on child support, allowing for modifications based on the amount of time the child spends at the father’s home. Finally, a successful Petition for Paternity has long-term ramifications, as it safeguards the child’s inheritance and Social Security rights with regard to the father.
      Disadvantages To Not Filing A Petition For Paternity

      Absent the creation of time-sharing and decision-making rights via a Petition for Paternity, it is possible that the child’s mother may decide to move the child outside the state of Florida. Obviously, this scenario poses serious problems for a Florida-based father wishing to enjoy custody and responsibility-related rights. Additionally, a father without court-established parental rights will be unable to legally cause the mother and child to return to the state. For fathers who have established rights through a Petition for Paternity, however, the mother must seek written permission or a court order authorizing out-of-state relocation of a child.
      Sometimes a court-ordered DNA Test Is Required To Identify A Child’s Biological Father

      When the relationship between an unwed mother and father of a child ends, it is sometimes the first time that the father is forced to consider the need to legally establish paternity. Other times, there was little or no relationship to begin with. In these instances, especially the latter, a court-ordered DNA test may be required to legally identify the child’s biological father. A DNA test is a scientific, genetic test used to determine whether or not a man is the child’s father. It is a common misconception that a DNA test requires needles or blood. Because DNA exists in literally every cell in the body, skin cells are sufficient. For a DNA test, a swab is used to collect cells from inside the cheek area near the mouth. The process is completely painless. For a DNA test to establish paternity, the alleged father, mother, and child are scheduled for testing. At the testing site, identification must be provided. Acceptable forms of ID include picture identification, such as a driver’s license or passport, as well as a Social Security card or birth certificate. All three parties – mother, father, and child – provide DNA samples, and also have their pictures taken. The DNA samples and photos are then sent to a genetic testing laboratory. There, the cells are all compared. It is this comparison that determines whether the alleged father is indeed the child’s biological father. The test results are then mailed to mother and alleged father.
      In The Event You Learn Later That You Are Not In Fact the Child’s Biological Father

      In Florida, it is possible for a man who later discovers that he is not a child’s biological father to nonetheless still be responsible for providing child support. This is because, with regard to family law issues, courts make decisions in the best interests of the child rather than the father. However, Florida law does provide a mechanism by which one can challenge a prior determination of legal paternity. The procedure is known as a Disestablishment of Paternity. If successful, the procedure terminates all support obligations. Because of the procedure’s complexity, individuals confronted with this situation are advised to seek the counsel of one of our experienced Florida family law attorneys.
      What To Do If You Are A Father Whose Name Does Not Appear On Your Child’s Birth Certificate

      If you are a father whose name does not appear on your child’s birth certificate, you may want to consider taking steps to legally establish paternity. Doing so could father not on birth certificategreatly benefit your child. With paternity legally established, your child will be able to access information on your family medical history. This information may be of critical importance, given your family’s health history. Second, most obviously, your father will know who his or her father is. Even if you don’t have a custodial relationship with your child now or even in the near future, your child may very well wish to know your identity. For historical reasons, it may be beneficial for both you and your child to have your name on your child’s birth certificate. Legal paternity also allows your child to benefit from your ability to provide your child with health or life insurance. The same is true for more easily receiving child and medical support from you. In addition, the existence of formal paternity allows your child to receive Social Security or veteran’s benefits, as well as military allowances and inheritances.
      Just as your child may benefit from a determination of paternity, the same is true for you. An Acknowledgement of Paternity gives you the right of notice – something that may be of critical importance if the child’s mother elects to put the child up for adoption. Of course, a Petition for Paternity goes beyond the birth certificate and allows for the creation of time-sharing and decision-making rights. With a successful Petition for Paternity, you will be able to get a child support order, a court order for visitation or custody, and contribute input concerning legal decisions affecting the child.

      Liked by 4 people

  3. Children’s Bill of Rights

    WHEN PARENTS ARE NOT TOGETHER

    Every kid has rights, particularly when mom and dad are splitting up. Below are some things parents shouldn’t forget — and kids shouldn’t let them — when the family is in the midst of a break-up.

    You have the right to love both your parents. You also have the right to be loved by both of them. That means you shouldn’t feel guilty about wanting to see your dad or your mom at any time. It’s important for you to have both parents in your life, particularly during difficult times such as a break-up of your parents.

    You do not have to choose one parent over the other. If you have an opinion about which parent you want to live with, let it be known. But nobody can force you to make that choice. If your parents can’t work it out, a judge may make the decision for them.

    You’re entitled to all the feelings you’re having. Don’t be embarrassed by what you’re feeling. It is scary when your parents break up, and you’re allowed to be scared. Or angry. Or sad. Or whatever.

    You have the right to be in a safe environment. This means that nobody is allowed to put you in danger, either physically or emotionally. If one of your parents is hurting you, tell someone — either your other parent or a trusted adult like a teacher.

    You don’t belong in the middle of your parents’ break-up. Sometimes your parents may get so caught up in their own problems that they forget that you’re just a kid, and that you can’t handle their adult worries. If they start putting you in the middle of their dispute, remind them that it’s their fight, not yours.

    Grandparents, aunts, uncles and cousins are still part of your life. Even if you’re living with one parent, you can still see relatives on your other parent’s side. You’ll always be a part of their lives, even if your parents aren’t together anymore.

    You have the right to be a child. Kids shouldn’t worry about adult problems. Concentrate on your school work, your friends, activities, etc. Your mom and dad just need your love. They can handle the rest.

    IT IS NOT YOUR FAULT AND DON’T BLAME YOURSELF.

    —-Special Concerns of Children Committee, March, 1998

    “Children’s Bill of Rights” is a publication of the American Academy of Matrimonial Lawyers. © 1997 – 2001. All rights reserved. “Children’s Bill of Rights” may be reproduced under the following conditions:

    It must be reproduced in its entirety with no additions or deletions, including the AAML copyright notice. It must be distributed free of charge. The AAML reserves the right to limit or deny the right of reproduction in its sole discretion.

    © 2013 AAML Florida. 3046 Hawks Glen Tallahassee, FL 32312 | 850-668-0614

    The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask the attorney to send you free written information about their qualifications and experience. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. http://www.aamlflorida.org/index.cfm?fuseaction=pages.tentips

    Liked by 4 people

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