A nationwide study has emerged indicating that courts are excessively skeptical of abuse claims made by women in contested custody cases, which could put many women and children at risk. Authored by a George Washington University Law School professor, the study reveals that a mother’s claims of abuse are disbelieved more often than not. In fact, a mother’s claims of abuse are credited at a rate of only 36 percent, dispelling the myth that women succeed in falsely claiming abuse in court to gain custody of the kids.
Why the skepticism regarding spousal or child abuse in a custody dispute?
In a book by Alec Baldwin, A Promise to Ourselves, a Harvard law school professor is quoted as saying that “the typical divorce plaintiff wants four things (1) the house, (2) the kids, (3) the husband’s paycheck, and (4) freedom to spend time in the house with her boyfriend.” The professor goes on to say that one merely needs to allege domestic abuse to save time and money in court to achieve those goals.
Foul! Although domestic violence protection can be obtained without filing a criminal charge, allowing a spouse to ask the court to issue a protective order, which may very well influence a child custody determination, it is dangerous to assume that anyone would falsely accuse their estranged spouse of domestic violence. Doing so would certainly put those at real risk for domestic violence in a very precarious position.
Domestic Violence in America
Every year, 1 in 4 women and 1 in 7 men suffer severe intimate partner physical violence in the U.S. resulting in injury and/or emotional trauma. Scores are stalked by their partners and many feel or believe that they or someone close to them will be harmed or even killed. Every typical day, there are some 20,000 calls made to domestic hotlines nationwide. Intimate partner violence accounts for a whopping 15 percent of all violent crimes me the nation.
Contact Libertyville Domestic Violence Attorney Ronald Bell
Given the numbers and the seriousness nature of the problem, the fact that courts are skeptical to abuse claims in a divorce may put those who need protection at risk. If you are a victim of domestic violence, it is very important to work with an experienced domestic violence attorney, who can effectively advocate for you in court to obtain the help you need. Ronald L Bell & Associates PC provide strong advocacy and support to victims of domestic abuse seeking divorce or separation from an abusive spouse.