Like a Woman Scorned
It is a very old axiom that "Hell hath no fury like a woman scorned."
No matter how well this principle is known,
it is apparently not well understood by many prosecutors.
There is now a movement to demand a mandatory "NO DROP" policy for cases
involving domestic violence.
Local Solicitors know how to recognize malicious prosecution, retaliatory
cross complaints, self defense, abuse of process, simple con games, and
Solicitors are now being
stripped of the ability to use common sense
--- "Innocent Parent" <firstname.lastname@example.org>
of family violence
are the weapon of choice in divorce
Perhaps the above scenarios
don't fit your circumstances?
In your nightmare the wife wanted
to keep the house, kids, and all your possessions
as happened with
Rikki's Dad in Minnesota or
to Bob in Australia.
It seems unlikely that she will get everything she wants in a simple divorce. Instead she dials 911, scratches herself up, maybe she has a bruise from a fall and goes to the hospital, or police station, with a story that her husband abused her. Maybe her new boyfriend roughed her up, or you threaten the guy like Dr. Emerson allegedly did.
In any case, the law requires that you be arrested, evicted from your home, and have no contact with her or your children. Mediation is rarely an option when domestic violence or abuse is charged and was forbidden prior to July, 1999. Months will go by before the case comes to trial. Meanwhile, you are on the street. All of this on the unsupported word of a woman seeking gain, revenge, playing games, or simply wanting to get rid of you.
If you have children in the home, and she has filed domestic violence charges against you, there is also a very high probability that she will, at some point, charge you with abuse of the children as well. Defending yourself against the domestic violence or abuse charges raises the probability of her charging you with abuse of the children. The process she is going through is known as the divorce-related malicious mother syndrome. It may help to look at that Web site to prepare you for what might be coming next.
You will need a lawyer!
The Reverend Dennis Austin, who recently passed, looked at the allegations of child-abuse under current laws and found that:
"Before 1973, child abuse was rarely reported to authorities and often it was covered up. In 1963, reports of suspected child abuse was 160,000 but between 1976 and 1993, the total yearly number of child abuse reports grew from 669,000 to over 2.9 million after the child abuse protection legislation that Senator Mondale sponsored.
The passing of this legislation has also resulted in the increase of allegations of child abuse in divorce battles. In 1975, thirty five percent of all child abuse reports were unsubstantiated, but by 1993, that percentage sky-rocketed to sixty-six percent. In divorce, when allegations are made and the police conduct investigations, ninety seven percent of these claims are unable to be substantiated.
It is obvious that many allegations of abuse which are reported in divorce situations are false and ninety five percent of those accusers are women. With the high amount of divorces, the percentage of those divorces which abuse is reported, and the percentage of which are unsubstantiated, it shows that children are being used as pawns to hurt or destroy the other parent. These false allegations of abuse, even if proven to be false, can ruin someone's life and have a devastating effect on the children."
South Carolina Attorney General Charles
M. Condon [email: email@example.com]
is demanding a mandatory NO DROP policy for cases involving domestic
Your 'lucky' nightShe was all over you almost as soon as you alked in the bar. She couldn't keep her hands off you, and when you danced she got you so h*** you had to hide it on the way back to the table. Naturally you take her to your house. A warm summer evening, the windows are open, and she is, shall we say, audible. This woman loves it! She is panting and moaning, yelling "Stop! Stop! I can't stand any more!" "Oh please don't do that!" as she grabs you and pulls you into her, and then climbs on top of you. You finally collapse from exhaustion planning on how you are going to brag to your buddy next door, who must have heard this.
Take the following scenario that might happen on any summer weekend as you
are out cruising the local scene.
This hypothetical situation
is perfectly reasonable under current laws .
(This was written in Colorado,
but most states have similar laws.)
While it is unknown whether this exact
occurred, variants of
She wakes you in the morning, screaming and tearing up the house. You grab her and try to control her. She is berserk. You are scratched up and she is looking the worse for wear. Neighbors call the police, or she does. Obviously 'domestic violence' when they get there. Arrest is mandatory C.R.S. § 18-6-803.6 and you are taken off in handcuffs. You protest you've never seen this woman before but it is obvious that you have been intimate with her C.R.S. § 14-4-101.
You make bond eventually and sign the mandatory restraining orders or you don't get out of jail. Maybe you don't notice that one of them says you will vacate the premises C.R.S. § 18-1-1001. Hell, you never saw her before last night, and you head back home. She is still there and starts screaming again as soon as she sees you.
You've violated the restraining order to vacate, harassed and intimidated her, and would obviously like to retaliate against her. You probably also shout at and threaten her. Three months later, when you get out of jail again, you are a little more cautious but she is still in your house. She has told the victim's assistance program that is where she is living. You have no options, the female district attorney assures you that you are an unspeakable beast, the judge is bound by the laws and judicial bias is a reality.
The rent is way past due. Best if you pay it or the landlord will take you to court!
You'd like a drink but consumption or possession of alcohol is prohibited. No guns, any other weapon, or explosives either or you will violate Federal law and be up on a felony charge. You are also ordered not to contact, or directly or indirectly communicate with the 'victim.'
Any minor infraction of these restraining orders and you get another reunion with all those great people down at the county jail. Unless you like tending the Sheriff's flower garden you obey the restraining orders. However, by court order, you are a street person, and have probably lost your job, so maybe the jail looks good to you during the winter months.
You will also be made to take domestic violence counseling run by rabid feminists where you are made to admit that you are a 'batterer' and swear to forsake the patriarchy forever. Before this started you probably hadn't even heard of the patriarchy but you are still inherently evil because you are male.
And all of this is supposed to reduce your tendency to violence?
Because you haven't learned your lesson, you plead innocent at the hearing. This is a free country, right? Justice will be done and within 6 months your case comes up for trial on 'fast track.' In Colorado Springs, defense attorneys refer to 'fast track' as a railroad.
How's the house looking now? Did her
in with her? How does it feel when you make the house payment? Anything
left of your possessions? Were they doing drugs, and when the
broke in, she blamed them on you?
Well, likely she won't show up for the
trial, and eventually
you think you will get to go back home. But you end up convicted of
violence anyway after the cops testify
saw when they
arrived. Anything the neighbors may have heard or thought they saw is
admissible together with any other hearsay the prosecutor can dig up.
In San Diego, California, they found they got a higher conviction rate if the alleged 'victim' didn't testify. Boulder is now using the same approach with the same results. If, as you should, you carry the issue to trial, you must be sure and subpoena the 'victim.' Dismissal of the charges should be demanded if she fails to appear.
Conviction carries a lifetime sentence, no weapons, you are listed in a national database, the restraining orders are permanent , and you've earned the contempt of your neighbors. Every time a cop stops you the restraining order will come up.
When you do check out the house after the trial, she is still there. Please don't be so foolish as to go in, or anywhere near your house if she is.
If there is anything left of your life, home, job, savings, or children after having been accused of domestic violence, you will be hard pressed to recognize it.
Can't happen? You haven't looked at the domestic violence laws now on the books in many states, under the umbrella of the Violence Against Women Act (VAWA) passed by Congress in 1994.