Domestic Violence:
The Use and Abuse of the System
By Staff Writer
In recent years, the issue of domestic violence has received increasing
attention from the national media, the public and lawmakers. The devastating
effects on families and communities caused by violence in the home is beginning
to be recognized and, measures are being taken to protect its victims. At the
same time, there has been a substantial increase in the use of domestic violence
allegations to obtain leverage in custody and divorce battles. The dynamic of
the need for protection for those who are abused and the "abuse" of
the system by individuals seeking an unfair advantage presents a dilemma for the
Courts, attorneys, and litigants.
What is "domestic violence"? The term is much broader than most
people assume. Physical battering is just one aspect of this problem. Other less
obvious but also serious forms of abuse include threats of violence, harassment,
and stalking. If you are subjected to such conduct, you may well be entitled to
the protections available through the Court system. If you are in fear of
another party due to his or her behavior, you should determine whether that
persons conduct entitles you to protection. Attorneys, the police, domestic
violence hotlines, services and/or shelters are all available to provide advice
on this issue.
If you are legally entitled to protection, you can obtain an Order of
Protection through the local police or the Court. You do not necessarily have to
chose just one avenue of relief. The question of where to seek assistance will
depend on the unique facts and circumstances of your own case, and your
preference. There are advantages, and disadvantages to each different avenue
that you may take for protection.
If you are a victim of Domestic Violence, you should also be aware of the
following hotline numbers: Domestic Violence hotline 1-800-942-6906 (24 hours)
and Child Abuse hotline 1-800-342-3720. These numbers are available for your
assistance, free of charge.
As many individuals have learned, it takes very little to actually file a
petition alleging Domestic Violence and seeking an Order of Protection. Often, a
party is granted a Temporary Order of Protection which will continue until there
is a trial or some other resolution of the case. The practical reality in many
cases, however, is that the other party often cannot afford to pay an attorney
to take their case to trial. As a result, that party might agree that the Order
of Protection against them be made permanent. In some cases, that Order of
Protection might include a provision that that party must stay away from the
marital residence, their spouse’s place of employment, the children’s
school, and so forth. A minor violation of the Order of Protection is the
violation of a Court Order and can result in arrest and incarceration.
There are litigants who are well versed in the Court system and who are
willing to and do abuse the process to obtain an unfair advantage in a custody
battle or a divorce proceeding. Allegations of abuse are often easy to make and
very difficult to disprove. In cases of serious physical abuse, there is often
hard physical evidence of the abuse. That evidence can include medical reports,
photographs of bruising, corroborating evidence, and so forth. In many other
cases, the evidence is "he said, she said". When the allegations
include claims of abuse against young children who cannot speak for themselves,
or who may have been coached in what to say, the dilemma presented to the Court,
the attorneys and the litigants is even more extreme.
There is no easy resolution of the use and abuse of the Court system in
Domestic Violence matters. There are many very serious cases of Domestic
Violence which require prompt action on the part of the Court system and other
agencies to assist victims in need. However, the system is open to abuse. That
abuse can result in serious charges being lodged against innocent individuals
with catastrophic results, including the termination of contact with children
and the loss of property rights such as access to a home. Individuals who
believe that they have been unfairly accused of abusive conduct have two
choices: fight the charges or agree to an Order of Protection. Each choice
involves costs and risks and should be undertaken after a very serious
assessment of the potential for additional future allegations and Court
proceedings, and an attorney should be consulted in such a situation.