Special Nature of Domestic Violence Allegations
True Domestic Violence Must Stop
No rational person condones violence toward anyone, particularly a family member or intimate partner. In America there are many tragic domestic relationships that involve battered men, women, and children. A true victim in a violent intimate relationship needs immediate support and protection. A true batterer needs to face the legal consequences of their actions.
But the term “batterer“ is commonly misused in domestic violence debates. Battering does not refer to a single argument, nor does it mean the occasional conflicts that many couples have that may grow to yelling at each other and some pushing or shoving. See: What is Not Domestic Violence. Rather, battering involves beating and verbally abusing an intimate partner over a long period of time. (Levy,1984, p. 23).
Innocent Family Members Can be Falsely Accused of Domestic Violence
The legislature has enacted laws to assist police and prosecutors convict the guilty and stop the abuse of intimate partners and family members. The intent behind these laws is well meaning and necessary. Problems arise when laws designed to protect a victim of domestic violence are used too broadly and are applied to normal families and relationships. A big difference exists between an abusive partner repeatedly committing violent acts, and a nonviolent family or relationship in which a single argument went too far.
Unfortunately, the politicians and authorities do not see the difference!!!
To the self-proclaimed saviors and protectors of abused “victims,” any allegation of domestic violence means the relationship must be one continuously engaged in abusive behavior.
As John Maquire puts in his article The Booming Domestic Violence Industry in Massachusetts News:
“The domestic violence entrepreneurs and state officials live in a different world from us. A sense of nameless vague threat is always in the background. To hear the pros talk, all the men they deal with are batterers, sexual abusers, or virtually time bombs of violence. Repeated clichés like “at risk” and “a safe place” and “maintaining safety” pepper their sentences. Yet, in many cases, there is no evidence of violence or any kind of serious harm to children, merely an accusation by the mother. But in the DV industry, when the accusation is made, the case is closed.”
If an argument between intimate partners and spouses is the benchmark for domestic violence, then almost every couple and family in America would be defined as an abusive relationship. This governmental overreaction, and dragnet targeting of normal families and relationships, and treating them as criminals has led us to massive injustice across the nation.
If you are facing allegations of Domestic Violence the time to act is now! Contact the family violence defense team at Stuckle & Associates PLLC.