Judges issue as many as 3 million restraining orders every year in America. Sadly, many legal authorities estimate that 80 percent of those are based on false allegations or are otherwise unnecessary.
A former president of the Bar Association in another state commented, "restraining orders . . . are granted to virtually all who apply…In many cases, allegations of abuse are now used for tactical advantage."
What's particularly onerous is that these false accusations strip away critical resources from those who are actual domestic violence victims. But the harm done to those falsely accused should not be minimized. Reputations can be decimated, careers tanked and assets depleted in the wake of false accusations of domestic violence.
Children can also be collateral damage for the false accuser when they are deprived of their other parent's presence, affection and demonstrations of love.
One false accuser got a disposable cellphone in her ex's name, then sent threats purportedly from a battering abuser to her own phone. After she was caught, the judge sentenced her to as many as 14 years behind bars, remarking at her sentencing that, "As a result of her actions, [other victims'] cases, their safety, their security has been damaged. The web for this is much greater."
Can you anticipate false accusations being filed against you? Sometimes you can. Be alert for the following warning signs:
-- He or she has petitioned the court in the past and gotten protective orders issued and understands how the system can be manipulated.
-- Your ex is prone to emotional lability, seeks attention, doesn't own up to their roles in family issues and is demanding.
-- The two of you discussed splitting up but there is great dispute over custodial arrangements.
-- You learn that your spouse has been cheating.
-- He or she has mental, emotional or psychological problems or diagnoses.
-- You filed legitimate charges for DV against him or her and are concerned about retaliation.
Your best defense is a strong offense to false allegations of domestic assault. Your criminal defense attorney can assist you with mounting a stalwart defense to spurious charges.
Source: Stop Abusive and Violent Environments, "How to Avoid and Survive a False Allegation," accessed Oct. 21, 2016