In a decisive move prioritizing child welfare, Virginia Governor Glenn Youngkin vetoed House Bill 2613, a measure that sought to prevent courts and child welfare agencies from considering a parent's legal use of authorized substances—such as prescribed medications or cannabis—in custody or visitation determinations.
Now, Youngkin needs to be introduced into the false allegations claims in domestic violence and child abuse matters. Over 75% of domestic violence allegations are false. 80% of all domestic violence allegations are brought with a divorce action. Over 80% of domestic violence allegations are based on the amorphous, vague harassment statute. More than 50% of domestic violence allegations are filed in a serial manner in divorce cases. Yet, nothing happens to the false accuser. The victim of the false allegations is subjected to financial, emotional and physical ruin. If domestic violence allegations come with the proviso that anyone making false allegations of domestic violence can be subjected to perjury, false swearing on official court documents, and be subjected to 5-7 years in jail, $50,000 fine and loss of child custody and 10 years probation or community service.
Other states are starting to see that harassment couched in domestic violence terms are violative of First Amendment Freedom of Speech Rights. New Jersey's Supreme Court has ruled in State v. Burkert, 231 N.J. 257 (2017) that New Jersey statute N.J.S.A. 2C:33-4(a), only encompasses modes of communicative harassment that are (1) “invasive of the recipient’s privacy” or (2) “constitutes threats to safety”. State v. Burkert, 231 N.J. 257, 281 (2017).
Given that the communications between Plaintiff and Defendant are solely about the children, custody/parenting time, and the children’s school activities and grades, Defendant Mother has abused the domestic violence laws in a strategy and tactics to interfere with Plaintiff’s parental rights through an ongoing campaign of false allegations to perpetrate parental alienation. Since Defendant willfully refuses to cooperate with Plaintiff Father, it causes Plaintiff to become frustrated where he attempts to contact Defendant to allow him access to the children.
Plaintiff’s frustration can lead to harsh and crude terms, as happened in this instant case. A parent has the right to be frustrated with another parent when their parenting time/custody is being obstructed or interfered with. Defendant uses this frustration to create false allegations of domestic violence at any chance she can get. It is not an invasion of privacy as Defendant would like the Court to believe. She is the antagonist.
There is no categorical ‘harassment exception’ to the First Amendment’s free speech clause. Saxe v. State Coll. Area Sch. Dist., 240 F.3d 200, 204 (3d Cir. 2001)(Alito, J.). Speech “cannot be transformed into criminal conduct merely because it annoys, disturbs, or arouses contempt.” State v. Burkert, 231 N.J. 257, 281 (2017).
Even Plaintiff’s alleged harassing written communications, in the forms of texts or e-mails, “fall within the category of protected speech”. Virgin Islands v. Vanterpool, 767 F.3d 157, 160, 167 (3d Cir. 2014). Criminal harassment conviction was overturned because “expressions remain protected even where content hurts feelings, causes offense, or evokes resentment”. State v. Burkert, 444 N.J. Super. 591, 601 (App. Div. 2016), aff’d 231 N.J. 257 (2017).
I totally agree that we need more serious conversations about the abuse of domestic violence laws, especially when they’re being used as tactical nukes in custody battles. It’s insane how fast a vague "harassment" claim can spiral into total legal destruction for a parent who's just trying to stay in their child’s life.
That NJ Burkert ruling is huge — and I wish more states had the guts to put similar limits in place. Most people have no idea that even basic communication about school schedules or parenting frustrations can be twisted into an “abuse narrative,” and suddenly, boom — protection order, loss of access, legal bills through the roof.
Quick question though: where are those stats from — the ones about 75% of DV allegations being false, 80% filed during divorce, etc.? I’ve seen similar claims floating around but I’d love to know what studies or sources you’re pulling from. It would be super helpful for my own writing and case research, as well as for writing our next article.
I got the stats out of NJ State Police Crime Reports that are published annually. The NJ State Police Domestic Violence Reports (2016-2023 )are similar to other states, especially when it comes to domestic violence. https://www.nj.gov/njsp/ucr/domestic-violence-reports.shtml
According to data from the Center for Prosecutor Integrity (CPI), approximately 8% of the population (20 million Americans) report that they have been falsely accused of domestic violence, stalking, or a sex-based offense. Dealing with a false allegation of domestic violence can be traumatic. With so much at stake, anyone facing false domestic abuse charges should seek immediate help from an experienced attorney.
(Even if 8% coming from prosecutors [can we trust these numbers?] equals 20 MILLION Americans being falsely accused of domestic violence is way too much!!!!!!!!!!!!! Those numbers are a nationwide aggregate.
COALITION TO END DOMESTIC VIOLENCE--DAVIA (Domestic Abuse and Violence International Alliance). Established in 2021, DAVIA — the Domestic Abuse and Violence International Alliance — is a global human rights organization that addresses the interrelated issues of domestic abuse, domestic violence, false allegations, parental alienation, and shared parenting, particularly how these issues affect men and families.
DAVIA member organizations are located in over 35 countries.
Also, cross-referenced it with Dr. Martin Fiebert's huge study with over 400,000 individuals involved called "References Examining Assaults by Women on Their Spouses or Male Partners: An Updated Annotated Bibliography"
Now, Youngkin needs to be introduced into the false allegations claims in domestic violence and child abuse matters. Over 75% of domestic violence allegations are false. 80% of all domestic violence allegations are brought with a divorce action. Over 80% of domestic violence allegations are based on the amorphous, vague harassment statute. More than 50% of domestic violence allegations are filed in a serial manner in divorce cases. Yet, nothing happens to the false accuser. The victim of the false allegations is subjected to financial, emotional and physical ruin. If domestic violence allegations come with the proviso that anyone making false allegations of domestic violence can be subjected to perjury, false swearing on official court documents, and be subjected to 5-7 years in jail, $50,000 fine and loss of child custody and 10 years probation or community service.
Other states are starting to see that harassment couched in domestic violence terms are violative of First Amendment Freedom of Speech Rights. New Jersey's Supreme Court has ruled in State v. Burkert, 231 N.J. 257 (2017) that New Jersey statute N.J.S.A. 2C:33-4(a), only encompasses modes of communicative harassment that are (1) “invasive of the recipient’s privacy” or (2) “constitutes threats to safety”. State v. Burkert, 231 N.J. 257, 281 (2017).
Given that the communications between Plaintiff and Defendant are solely about the children, custody/parenting time, and the children’s school activities and grades, Defendant Mother has abused the domestic violence laws in a strategy and tactics to interfere with Plaintiff’s parental rights through an ongoing campaign of false allegations to perpetrate parental alienation. Since Defendant willfully refuses to cooperate with Plaintiff Father, it causes Plaintiff to become frustrated where he attempts to contact Defendant to allow him access to the children.
Plaintiff’s frustration can lead to harsh and crude terms, as happened in this instant case. A parent has the right to be frustrated with another parent when their parenting time/custody is being obstructed or interfered with. Defendant uses this frustration to create false allegations of domestic violence at any chance she can get. It is not an invasion of privacy as Defendant would like the Court to believe. She is the antagonist.
There is no categorical ‘harassment exception’ to the First Amendment’s free speech clause. Saxe v. State Coll. Area Sch. Dist., 240 F.3d 200, 204 (3d Cir. 2001)(Alito, J.). Speech “cannot be transformed into criminal conduct merely because it annoys, disturbs, or arouses contempt.” State v. Burkert, 231 N.J. 257, 281 (2017).
Even Plaintiff’s alleged harassing written communications, in the forms of texts or e-mails, “fall within the category of protected speech”. Virgin Islands v. Vanterpool, 767 F.3d 157, 160, 167 (3d Cir. 2014). Criminal harassment conviction was overturned because “expressions remain protected even where content hurts feelings, causes offense, or evokes resentment”. State v. Burkert, 444 N.J. Super. 591, 601 (App. Div. 2016), aff’d 231 N.J. 257 (2017).
I totally agree that we need more serious conversations about the abuse of domestic violence laws, especially when they’re being used as tactical nukes in custody battles. It’s insane how fast a vague "harassment" claim can spiral into total legal destruction for a parent who's just trying to stay in their child’s life.
That NJ Burkert ruling is huge — and I wish more states had the guts to put similar limits in place. Most people have no idea that even basic communication about school schedules or parenting frustrations can be twisted into an “abuse narrative,” and suddenly, boom — protection order, loss of access, legal bills through the roof.
Quick question though: where are those stats from — the ones about 75% of DV allegations being false, 80% filed during divorce, etc.? I’ve seen similar claims floating around but I’d love to know what studies or sources you’re pulling from. It would be super helpful for my own writing and case research, as well as for writing our next article.
Thanks as always for keeping the pressure on!
I got the stats out of NJ State Police Crime Reports that are published annually. The NJ State Police Domestic Violence Reports (2016-2023 )are similar to other states, especially when it comes to domestic violence. https://www.nj.gov/njsp/ucr/domestic-violence-reports.shtml
Cross-reference these statistics with other studies showing domestic violence and false domestic violence allegations. "A self-report measure of legal and administrative aggression within intimate relationships"-- https://www.researchgate.net/publication/261543769_References_Examining_Assaults_by_Women_on_Their_Spouses_or_Male_Partners_An_Updated_Annotated_Bibliography
"Resources for Male Victims of Domestic Violence": https://socialwork.gmu.edu/resources-male-victims-domestic-violence
According to data from the Center for Prosecutor Integrity (CPI), approximately 8% of the population (20 million Americans) report that they have been falsely accused of domestic violence, stalking, or a sex-based offense. Dealing with a false allegation of domestic violence can be traumatic. With so much at stake, anyone facing false domestic abuse charges should seek immediate help from an experienced attorney.
https://www.prosecutorintegrity.org/pr/survey-over-20-million-have-been-falsely-accused-of-abuse/
(Even if 8% coming from prosecutors [can we trust these numbers?] equals 20 MILLION Americans being falsely accused of domestic violence is way too much!!!!!!!!!!!!! Those numbers are a nationwide aggregate.
COALITION TO END DOMESTIC VIOLENCE--DAVIA (Domestic Abuse and Violence International Alliance). Established in 2021, DAVIA — the Domestic Abuse and Violence International Alliance — is a global human rights organization that addresses the interrelated issues of domestic abuse, domestic violence, false allegations, parental alienation, and shared parenting, particularly how these issues affect men and families.
DAVIA member organizations are located in over 35 countries.
https://endtodv.org/davia/
Also, cross-referenced it with Dr. Martin Fiebert's huge study with over 400,000 individuals involved called "References Examining Assaults by Women on Their Spouses or Male Partners: An Updated Annotated Bibliography"
June 2014Sexuality & Culture 18(2):405-467
DOI:10.1007/s12119-013-9194-1
Authors:
Martin Fiebert
California State University, Long Beach
This annotated bibliography describes 343 scholarly investigations (270 empirical studies and 73 reviews) demonstrating that women are as physically aggressive as men (or more) in their relationships with their spouses or opposite-sex partners. The aggregate sample size in the reviewed studies exceeds 440,850 people. https://www.researchgate.net/publication/261543769_References_Examining_Assaults_by_Women_on_Their_Spouses_or_Male_Partners_An_Updated_Annotated_Bibliography