Domestic abuse: Does money fuel false allegations?
Domestic abuse: Does money fuel false allegations?
By RACHEL RASKIN-ZRIHEN and J.M. BROWN/Times-Herald staff writers
Vallejo Times Herald
Article Launched:12/17/2006 09:14:40 AM PST
For the first time in his life, Joe found himself in the slammer.
His estranged wife, under court order to vacate their home, accused him of pushing her on the day she and her mother were supposed to move out. Instead, Joe (not his real name) says, he spent a night in jail and was forced to leave his home while authorities investigated his wife's allegations.
Proclaiming his innocence, the 41-year-old Vallejo man racked up thousands of dollars in legal bills before a judge dismissed the charges a month later, saying there was insufficient evidence of domestic violence.
"Even the cop was apologetic," said Joe, who asked that his identity be disguised because his divorce proceedings are ongoing. "She told me she didn't believe (my wife), but that she had to arrest me because the accusation had been made."
Critics of California's broad domestic violence laws and federal funding sources say false allegations have stripped resources from real victims and turned domestic violence into a cash cow for agencies that investigate cases.
"False allegations of domestic violence allow states' social welfare agencies to tap into federal funding sources," said Terri Lynn Tersak, spokeswoman for Respecting Accuracy in Domestic Abuse Reporting (RADAR). The group lists California among the worst states for accurate reporting.
Though no one argues that domestic violence isn't a serious ongoing problem, Tersak said, "The winners become the states with the most intrusive laws, and the losers are the real victims of abuse this money was supposed to serve."
As evidenced by increases in the number of restraining orders issued by family courts, critics say domestic violence allegations are also being used to gain an advantage in divorce proceedings, especially during child custody battles.
"It's just horrible, what's happened to me," Joe said. "A woman says you hit her, and you're in jail, period."
Local authorities, however, say false allegations are rare, if not nonexistent, except in family court. The officials, including police and prosecutors who don't receive any federal funding to fight domestic violence, railed against RADAR's claims, saying they thoroughly investigate every abuse allegation.
"In 20 years, I can count on one hand the number of times I've seen anybody make a false allegation (of domestic abuse)," said Supervising Deputy District Attorney Patty Strickland. "We always have to prove beyond a reasonable doubt. We're always looking for what is getting us past how she said it happened and how he said it happened."
That includes statements by witnesses or physical evidence of violence, she said.
"The standard is always the same," Strickland said. "Is there an independent witness? A child who sees this? Is her shirt ripped? Is there blood on the shirt, evidence of a fight in the home?"
* * * *
'Silver bullet'
In 2005, Congress renewed the 1998 Violence Against Women Act (VAWA), which sets aside millions in grants to help local social service agencies combat domestic violence through increased reporting and arrests.
Because actual physical violence does not have to be alleged in domestic abuse cases, RADAR and other critics say the law and VAWA grant system it supports needs overhauling. RADAR says the grants are based on demonstrated need, so agencies don't have any incentive to fully investigate abuse claims.
"It's a giant bureaucracy funded with billions that goes to programs catering to abuse victims," said RADAR member Michael Geanoulis, a Maryland resident. "A large number of such calls helps to justify the need for the money. It's not in their best interest to investigate which of the reports are fake or verifiable."
Geanoulis said he was a victim of abuse as a child at the hands of his mother, which was why he felt compelled to seek equity in how the issue is seen and addressed.
"An Epidemic of Civil Right Abuses: Ranking of States' Domestic Violence Laws," a RADAR study, ranked California among the top seven states for false accusations and restraining orders issued. It names Alaska, Missouri, New Hampshire, New Jersey, New York and Virginia as the other "worst" offenders.
The study ranked states on the broadness of their domestic violence definition, the financial incentives for filing allegations, mandatory arrest laws, primary aggressor laws and how judges weigh domestic violence allegations in child custody determinations.
RADAR reports that more than 2 million domestic restraining orders are issued annually nationwide. In half of them, physical violence isn't even alleged, the group claims.
"(A domestic violence accusation) is the silver bullet," Geanoulis said. "It can control child support, divorce proceedings, child custody."
Carolyn Thomas-Wold, who runs the Solano County Office of Family Violence Prevention, said RADAR is wrong.
Her agency - which intervenes in domestic violence cases for the sheriff's office, courts and other jurisdictions - has received $400,000 in VAWA funding. The amount is based on the county's size, "not the number of victims," Thomas-Wold said.
"Our primary goals are victim safety and offender accountability," she said. "To make a statement that it is not in our best interest to investigate cases 'too carefully' is irresponsible. It isn't in our best interest not to investigate cases carefully."
Created by the Solano County Board of Supervisors eight years ago, the Office of Family Violence Prevention uses the money to investigate claims and run several victim-assistance programs. Staff members are well trained to investigate allegations and don't just take a complainant's word for it, Thomas-Wold said.
"We investigate every case we receive and have not had much, if any, experience with false allegations," she said. "We rely heavily on victim statements, witness statements, history of violence, and physical evidence, among other things."
Authorities concede that an accusation of actual physical violence is not necessary for someone to be arrested on charges of domestic abuse or for the alleged victim to request a restraining order. A threat - or even just a perceived threat - of abuse or harassment is all that is required.
Still, California's do-mestic violence laws are clearer now than they used to be, said Vallejo police Lt. Reggie Garcia.
Garcia rewrote the department's policy on when to arrest someone for domestic violence after the state law was amended in 1986 to expand the definition beyond the allegation of physical assault. The policy redefined "victims" to include people, regardless of gender, who have a romantic relationship or share children.
Although allegations do not have to include actual injuries, police still must determine probable cause that violence or threats occurred before officers will make an arrest, Garcia said. Even if police decline to arrest someone, victims can make citizens' arrests, but they will be required to prove their allegations in court.
* * * *
Family court
Where false allegations might occur is at the family court level, Thomas-Wold said. She said she's heard of cases when a woman was found to have exaggerated the extent of her domestic violence problem. However, she said, judges are trained to spot this and are not easily fooled.
But a Solano County Family Court official, who requested anonymity, said the court issues more than 1,000 temporary domestic violence-related restraining orders annually without any investigation. "The restraining orders are issued based on a party's declaration," the official said.
The top family law judge in Solano County, Michael Mattice, did not return a call seeking comment.
Thomas-Wold said there's been a significant increase in restraining order applications in the past five years because more people know help is available. That's not evidence of attempts to manipulate the system, she added.
In previous years, her agency fielded about 77 domestic violence calls annually, and there's been 70 calls in just the just the past six months, she said.
"Benicia has added a social worker to their team and Fairfield has a new team, and both have experienced a huge increase in the number of restraining order applications filed," Thomas-Wold said.
Still, false domestic violence accusations are being used as weapons in court, said Teri Stoddard, an Antioch day care provider and RADAR affiliate who founded the Shared Parenting Works Web site.
"I've run into hundreds of fathers who've been falsely accused of domestic violence and can't see their children because of it," Stoddard said. "The laws are written so poorly. All a California person has to do is to 'annoy' their spouse to be guilty of domestic violence here."
RADAR director Lisa Scott, a Seattle area family lawyer, said "domestic violence is the new child abuse."
Noting a period in the 1980s when many estranged spouses charged child abuse to gain leverage in child custody cases, Scott said divorcing couples are now falsely alleging spousal abuse for the same reason.
She blames what she calls "a very squishy area" of California law for the problem.
"It depends on how mean and nasty individuals want to get. Too many people use protection orders to cut a better deal in court," she said. "Once the marriage breaks up, suddenly there are accusations of child abuse or domestic violence when there never was before, and the rules governing this are often subjective."
Unfortunately, Scott said, "the courts are too willing to grant these orders to cover their butts in case it's real. But one danger in overusing restraining orders is that it "squeezes out" real abuse victims, she said.
"I see the courts so befuddled they put protection orders on everyone who asks," she said. "It's a one-size-fits-all, and police can't tell which people are really dangerous. It's just a mess."
A lot of the domestic violence laws were enacted in the mid '80s, for good reason, Scott said. "But now, since the 1990s, they're being exploited by crafty people, including unscrupulous attorneys, who prompt clients with stuff like, 'Are you fearful of anything?' "
Grace Andres, programs manager for Solano County Superior Court's family law, probate, adoption and juvenile divisions, explained that "the law changed recently on child custody, and now if there's been a finding of domestic violence, the party found to have been violent, can't get custody."
Garcia, the Vallejo police lieutenant, said he too has heard of an increase in false allegations to gain an advantage in divorce or child custody proceedings.
"It's a real injustice," he said, because it takes away officer time, court time and other resources from real victims. "It undermines the credibility of all domestic violence victims then."
Garcia and other officials say real victims have often suffered a great deal of abuse before they get help.
"Most people, in fact, are conflicted about reporting and following through," said Christina Stimman, an investigator with the Office of Family Violence Prevention. "They have a relationship with the perpetrator, sometimes they hope for a reconciliation, or they fear reprisals."
* * * *
Still a problem
Despite the criticism over investigations, the numbers of abuse cases in Vallejo and Solano County still clearly show abuse is a steady problem.
In September, the Solano County Sheriff's office issued a statement from the U.S. Department of Justice saying around 1,900 county residents are victims of domestic violence each year. In Vallejo, that number is around 700, which has remained constant in recent years, authorities said.
Strickland, the Solano prosecutor, said domestic violence cases have increased, "but it isn't astronomical."
Garcia said police could make more domestic violence arrests if they could get federal funding to assign a detective to investigate claims and follow up with victims, which could lead to increased prosecution.
"With more people and more resources, we could hunt these people down," Garcia said of domestic violence suspects.
Garcia said police agencies lack enough money to devote to the special reporting and other forms of special attention to better address domestic violence. For instance, police must report domestic violence statistics to the state monthly, but there is no extra money to hire a clerk to collect the data.
"We're mandated to make sure all these things (demands) happen with no money," he said.
Comments
I found this article interesting because my daughter is currently going through child custody/visitation issues with her baby's father. Last week when he neglected to bring their sick baby home, my daughter went to get her baby and was assaulted by the father's sister. When police arrived they did not arrested the sister and two others who jumped in because they said "no crime was committed". This was because my daughter defended herself. Since when is assault not a crime? THe baby's father held the baby outside watching while my daughter was being assaulted. Is this not domestic violence? I'm thinking the father probably put his sisters up to this knowing he would get into a lot of trouble if he did the assaulting. My daughter had obvious injuries and ripped clothing, but they wouldn't even take a report. My grandson is traumatized, he won't leave my daughters side and is making going to child care very difficult on everyone involved.
So, where are the resources for victims in this case? I think my daughter is being cast asside because of supposed false accusations like what is in your article, but her accusations are not false. We have been harrassed by the fathers family for more than a year, and he saw no wrong in their actions and has taken up the harrassment also in the past twelve months.
Posted by: ANgela Young | March 7, 2007 5:54 PM
THERE IS A SITUATION IN NASHVILLE,TENNESSEE THAT IS LIKE THE GUY AT THE BEGINNING . THE EX WIFE SIMPLE SAID THAT HE THREATNED HER. HER WORD AGAINIST HIS (NO MARKS ETC..AND SHE LAUGHS ON THE 911 TAPE) HE HAS SINCE THEN BEEN CALLED IN COURT A DREGG BY A JUDGE( THIS GUY SHOURED THIS WOMAN WITH A GOOD LIFE)LOST FULL CUSTODY OF HIS 4 YEAR OLD ,BEEN ACCUSED OF AS DRUNK,AND LOST HIS CHANCE TO FLY AS A PILOT (BECAUSE SHE WENT TO THE FAA AND ACCUSED HIM OF TAKING DRUGS)
THE DAVIDSON COUNT TENNESSEE DOMESTIC VIOLENCE PAGE SAYS:
HE..HE..HE.. GET THE MESSAGE THIS IS YOUR TAX DOLLARS AT WORK AND THIS ALSO INCLUDES USING THE DISTRICT ATTORNEY TO PROSECUTE IN CRININAL COURT
THE DOMESTIC VIOLENCE DEPT HAS BEEN INCREASED. THIS AN EPIDEMIC THAT IS DESTROYING AMERICAN CHILDRESN AND INNOCENT MEN
ANYTHING I CAN DO TO HELP NATION WIDE TO FIGHT THIS AUTROCITY I WILL DO
THERE IS AN ILLINOIS CONGRESS WOMAN PHYLIS SHYLFY WHO HAS ACTUALLY WRITTEN AN ARTICLE ABOUT THIS. THINGS NEED TO CHANGE THIS COULD BE
YOUR SON
Posted by: Donna | April 1, 2007 4:41 PM
Dear Ms. Raskin-Zrihen and Mr. Brown,
I recently came in contact with the article you jointly wrote back in December 2006 regarding Domestic Abuse. What you describe in family court with false allegations is an on-going problem in all California courts currently. Until recently, family law courts were put in a position of having to make a decision about domestic violence, child molestation and child abuse allegations based on a “he said/she said” dilemma. Unfortunately, this has become a method for one parent to get an upper hand in a child custody or divorce case. The courts are faced with making a decision with limited or no real information, often erring on the side of caution. Needless to say, the problem begins at this time. With California laws as they are, the court is mandated to put the following actions in place: 1. no visitation or supervised visitation 2. move out order, 3. temporary restraining order and 4. order a hearing in 21 days. At this hearing, the defendant has the opportunity to defend him/her self for the first time. During this hearing the judicial officers are often faced with more of the “he said/she said” dilemma. At this point if children are involved, the court may seek to have a mental health professional appointed to conduct a child custody evaluation. This is another broken system in itself that gets little, if anything resolved.
The mental health evaluator is suppose to interview all parties involved and provide recommendations to the court on the best interest of the children. Unfortunately, the definition of “best interest of the child(ren)” is not clearly defined. These evaluations can take from as little as 4 months or as much as 2 years to complete. All the while, little or no visitation is allowed and/or it must be supervised, at rates ranging from $40 to $80 an hour. Often the result of these evaluations end with more of the “he said, she said” rhetoric that has occurred since day one. The cost of these evaluation averages between $4,000 and $25,000, depending on the area of California.
The biggest problem with this evaluation process is that it is conducted from a clinical perspective. At no time does the mental health evaluator seek to prove or disprove the allegations. How can the “best interest of the child(ren) be served without first proving or disproving the allegations, and assessing the risk presented by one part or the other? Mental health evaluators are not trained to conduct investigations and are not equipped to go into the uncontrolled environments where the answers to these cases are founded. In reality, the answers are out there, but it requires someone who is trained in investigation to partner with the mental health professional to properly serve the “best interest of the child(ren).”
So what is the answer to this difficult problem? You are not alone is asking this question. In fact, courts all over the country are asking the same question. In reality the answer is not all that difficult at all. In fact, my firm has come up with an answer that is being used on a limited basis in courts in Southern California. The answer is found in a collaborative approach when these allegations are made. We have successfully utilized professional investigators and mental health professionals to collaborate on these cases. This team first sets out to prove or disprove the allegations from a field perspective. I often liken it to a homicide investigation. You have a dead body that is not telling you what happen, and more than likely the suspect is unknown or not telling you what happen, but these cases are statistically always solved and proven. It requires a bit of investigation, and these allegations made in family court also require investigation.
Once the collaborative team proves or disproves the allegations, then and only then can the “best interest of the child(ren)” be served. This new approach allows for a multi-disciplined perspective to occur which offers balance in these cases. As previously stated, our services have been utilized in Southern California on a limited basis. Additionally, this new approach has been accepted in courts throughout California and Washington State. Additionally, it only takes 4 to 6 weeks to complete this new collaborative assessment and investigation. The report contains more information then the current child custody evaluations reports, and provides the court with significant information to make decisions. Surprisingly, the cost of this process is between $3,500 and $7,500.
Unfortunately, the broken system is not getting enough media coverage and children and parents are being separated based on false allegations of domestic violence, child molestation and child abuse. Please understand, not all allegations of domestic violence are false. Often abusers can be very manipulative and appear very polished in public. Victims can appear to be unstable and emotionally dysfunctional, often sending mixed messages. It is my belief that anyone who is a victim of domestic abuse should be entitled to every protection available, but those who are victims of false allegations should be entitled to every protection also.
Considering a domestic violence homicide occurs every 2 hours in the country, and the fact that it is the most predictable and preventable homicide, you would think that every court would want to do everything possible to prove or disprove the allegations, even in a family law setting.
If you have interest in more information or would like to read my professional bio, feel free to contact me via email or directly at (888) 621-1900. You can visit our website at www.bmaa.com
Good job on an outstanding article.
Warmest regards,
John McLaughlin
Borders, McLaughlin & Associates
Posted by: John McLaughlin | April 9, 2007 1:46 PM
MY NAME IS TOM IM FROM NEW YORK CITY. I HAVE HAD HELL SERVED TO ME ON A PLATTER. MY EXWIFE ATTACKED MY MOTHER WITH HER KNOWING I WOULD NEVER PUT MY HANDS ON HER I BROKE UP THE SCUFFLE PUSHINING HER AWAY BECUASE SHE WAS RAMMING MY MOMS HEAD INTO THE CONCRETE.
IN TURN FOR PUSHING HER HER OFF HER I WAS ACCUSSED OF BEATING MY EX WIFE IN FRONT OF MY CHILDREN. THIS WOMAN HAS HARRASED ME EVEN ON PROBATION FOR THIS SO CALLED CRIME . AND I HAVE RECORDINGS OF HER ADDMITTING SHE LIED. HARRASED ME TO THE POINT OF LOSING MY MIND TELLING HER WHAT TO DO WITH HER SELF BOOM I WAS ACCUSSED OF THREATNING. NOW FOR PERSONAL OPINION WOMWN ARE JUST AS EVIL AS MEN. AND TO BE HONEST SHE STILL HARRASSES ME A PERSONNALLY I DONT CARE IF I GO TO JAIL
THIS TIME NOT FOR SOMETHING I DID NOT DO. BUT FOR SOMETHING I WILL DO. SOME WOMWN USE THIS TO CONTROL AND ABUSE. I HAVE PROOF AND I WILL SHOW ANY ONE WHO IS INTERESTED. MEN GET TIRED. I HAVE SEEN MY MOTHER BEEN ABUSED AND I LOVE MY MOTHER AND I COULDNT FATHOM THE IDEA OF HURTING ANYONE. BUT EXCEPT FOR THIS EVIL BITCH I CAN.
Posted by: TOMMY | May 1, 2007 2:18 AM
I would like to know if anyone has ever heard of a case in which a spouse who made the false allegations for physical abuse against their spouse has ever been charged with giving false accusations?
If anyone has ever heard of a single case like this, please, let me know!
Let me know also if you have been a victim of false allegation of physical abuse and how you fought to prove your innocence.
Thank you in advance!
Posted by: Stefan | May 16, 2007 4:55 PM
Yes, I would also like to know if any these women who have falsely accused someone have been punished for making false allegations. My boyfriend's ex-wife does this on a frequent enough basis that the police should have noticed a pattern, or at least the courts when they were going throught the divorce, but no. This is very frustrating, and Tommy, I know exactly how you feel. If you are going to continuously be accused of something, why not just do it? At least spend time in jail for a real crime, not something hyped up by a narcissistic sociopath.
Posted by: Sarah | November 21, 2007 2:08 PM
Yes, it does happen. Normally in the form of either a criminal charge for filing a false police report or litigation for malicious prosecution.
Posted by: Tilden Moschetti | November 23, 2007 2:44 PM