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This is especially troubling because in many jurisdictions, once domestic violence charges have been pressed, legal proceedings will continue even if the person who pressed the charges drops them.
“A Culture of False Allegations”
“False allegations of domestic violence have become so widespread that lawyers now call them a legal ‘slam-dunk,” said Ron Grignol, spokesman for Respecting Accuracy in Domestic Abuse Reporting (RADAR).
The report, “A Culture of False Allegations: How VAWA Harms Families and Children” discusses how the Violence Against Women Act defines domestic violence very broadly, which has led to over one million accusations of domestic violence in which physical violence is not even claimed.
The VAWA says, “The term ‘domestic violence'' includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, but a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse …”
The Loophole
The term, “includes,” is being used as a loophole. Law enforcement officials have been using this loophole to implement statutes allowing people to claim domestic violence or obtain restraining orders if they are merely “afraid” or “fearful” of violence.
Now, 63 percent of all states define domestic violence so that it includes psychological distress, and 33 percent include “harassment.”
Former president of the Massachusetts Bar Association, Elaine Epstein, said, “Everyone knows that restraining orders and orders to vacate are granted to virtually all who apply … in many cases, allegations of abuse are now used for tactical advantage.”
Been Accused of Domestic Violence?
If you or a loved one is facing domestic violence charges, it is important that you fight them from the very beginning. Please contact us today for a free consultation with an experienced and aggressive criminal defense attorney who can make sure that you are not wrongly or excessively punished.