Reconsider the Violence Against Women Act

 

Vol. 9, No. 12            The Fourteen Percenter                March 2007

A publication for parents on the wrong side of the standard possession order.
- I see my child two days out of every fourteen; 14%.  That's not enough. -

 

This recent essay appears in several websites, including http://www.ifeminists.net/e107_plugins/content/content.php?content.92 , http://www.krightsradio.com/o7howvawaseparateschildrenfromfathers.php , http://www.theconservativevoice.com/article/22775.html , http://www.freerepublic.com/focus/f-news/1784317/posts , http://battlinbog.blog-city.com/how_vawa_separates_children_from_fathers_at_male_matters.htm , http://www.mediaradar.org/ - How VAWA separates children from fathers , http://newsbyus.com/more.php?id=7187_0_1_0_M , http://www.worldfathersunion.com/TOPFRAMESET.htm  

 

How VAWA separates children from fathers

 

The Violence Against Women Act (VAWA) was designed in 1994 to give additional protection to women who were battered by their intimate partners. The VAWA has since evolved into a billion-dollar-a-year boondoggle that looks the other way on female batterers and punishes men for acts they did not commit.

 

Companion laws to the VAWA, such as the Victims of Crime Act and Family Violence Prevention and Services Act, funnel about $1 billion a year to provide victim services and enhance law enforcement efforts. The VAWA has also spawned the passage of about 1,500 state-level laws and programs.

 

The VAWA establishes the legal framework to create perverse incentives, to make false claims of abuse, to escalate partner conflict, and to discourage partner reconciliation. The result is to break up families and separate children from their fathers.

 

It has become de rigeur for women to claim false allegations of violence in order to gain the upper hand in divorce and custody courts. The mere allegation of domestic violence is enough in many states to affect the child's access to a noncustodial parent. Programs instituted by the VAWA often leave kids in jeopardy and promote a society of fatherless children.

 

The VAWA funds judicial education programs that have been shown to be ideological and one-sided. Rather than helping judges balance the legitimate needs of the accuser with the due process rights of the accused, the VAWA training sessions do the opposite, instructing judges to grant a restraining order if there is any hint whatsoever of a problem.

 

Changes need to be made in the way courts handle domestic violence petitions for protective orders, particularly when they are requested or issued in conjunction with a custody case. Many people uninitiated with the procedures of custody and criminal courts may believe that such false allegations would be recognized and punished by the judge as slander, as lying under oath, as perjury, or as contempt of court. They are not. Such lies are usually rewarded with primary custody of the child and child support.

 

 

Elaine Epstein, former president of the Massachusetts Bar Association, once revealed, "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."

 

Protective orders and restraining orders are routinely used by women in custody courts. Many lawyers for men are compelled to counter such orders with a restraining order for their client. Such legal posturing side-tracks any issue of the best interests of the child.

 

In one state alone ( West Virginia ), 15,274 domestic violence petitions were filed in State magistrate courts during 2005. That year, 14,821 domestic violence emergency protective order cases were transferred to Family Court for hearing. Ninety-seven percent of the petitions were granted.

 

Studies made by Men Against Discrimination indicated as many as 67-75 percent of those petitions were based on questionable claims (i.e., false allegations), but they were enough to cast doubt on parents' ability to parent.

 

The legal definition of Domestic Violence includes non-physical actions, e.g. stalking, silent phone calls, threatening language etc and "low-threshold" actions such as touching. Even if none of these actions take place, women are still granted restraining orders if they claim they are fearful. Candidates are often coached to say the word, "fear," when applying for restraining orders.

 

Situations where assault has been alleged should be heard by criminal courts and not be treated as a untested slur on a man's character in family proceedings. The American maxim of 'innocent until proven guilty' should apply to allegations of domestic violence just like any other allegations of criminal behavior. The legal burden of proof beyond a reasonable doubt should apply. This would help women as well as men.

 

When actual crimes are heard in a civil setting, justice is not served. A true victim is not protected by a restraining order - which are handed out like tissues for crocodile tears. An actual violent abuser is not subject to repercussions of criminal courts. Like the 'Boy Who Cried Wolf,' the preponderance of false allegations of abuse means that the courts cannot give full attention to cases of actual abuse.

 

The current epidemic of false claims of domestic violence weakens the American family by promoting family dissolution and discouraging men from marriage. There is little doubt that the VAWA has contributed to our culture of false allegations. Each year, at least one million false allegations of domestic violence are made, usually in the context of a divorce.

 

The result of the VAWA is rampant false claims of abuse. This means that children are removed from decent, loving fathers. The Violence Against Women Act must be radically altered or else it will continue to destroy the father/child bond.

 

Don Mathis, Editor
The Fourteen Percenter, A Newsletter for Noncustodial Parents
http://groups.yahoo.com/group/NCP-TX-Grayson/message/8

 

 

Responses

Don, Excellent article on VAWA and its effect on children. Warren Farrell

 

As one who loves my father deeply and misses him every day of my life, I thank you for writing this.  It is the father-child relationship that ultimately shapes a person's identity and sense of self-esteem.  That relationship must be preserved. Eusthacia

 

I am not about to say that I am in the least surprised. There are so many people that just don't realize the importance of the relationship that a child needs with their father. So many broken homes and so many ex-wives with nothing more than a vindictive heart and the need to inflict hurt and pain, and we wonder what is wrong with our society as a whole. I appreciate people like yourself that write things like this, it gets the facts out there and makes us aware of what is truly going on. Keep up the good work and hard effort that you put forth. Angela

 

So many lies are delivered through the court system and so many are believed, yet when the lies are in favor of one in favor they are often ignored, and we call this facade "justice."  Phyllis

 

I'm sure this is an unintended consequence of a badly written law. I know personally of men who were battered by women, and in some cases didn't fight back, even though they were stronger. The law, unfortunately, is often like taking a hammer to a problem that could better be solved with a jeweler's screwdriver. Domestic violence was long ignored and swept under the rug, and now society is over reacting. Once something becomes a hot button social issue, all understanding of nuance is gone. Spike

 

This is a very well written article and very true about VAWA. It promotes discrimination against men accused of domestic violence and a presumption of guilt even after proven innocent. VAWA funds organizations that practice gender-discrimination such as Life Span Center for Legal Services for "Victims" of Abuse and Legal Aid Foundation. Where else in the world can a mother that verbally and physically abuses her children obtain so much free legal protection? Abusive women are always looked upon as victims by the lawyers, judges, and politicians. We need to file a federal lawsuit against the United States government challenging VAWA as unconstitutional. I certainly plan to... I won't keep quiet about the discrimination that I have faced. I served ten years in the military. I served two deployments in the Persian Gulf during the first Gulf War... and for what? It absolutely sickens me that this type of discrimination is promoted and funded by the government. Carlos C

 

Great picture, great article. Very well put together, lucid, concise… In other words, meets my criteria for good editorials. This should be submitted to the San Antonio Express-News and other large outlets. It’s a pretty incendiary issue. Jeanne Guthrie

 

Your article is far better written and much less politically directed than the usual run of material; it sticks to the subject and avoids wandering off into political ranting. That is why I selected it for re-publication on our site. John T. Smith, World Fathers Union

 

Your writing is great, I always enjoy reading your stuff. Thank you. Shelly Barreras, Special Advisor, Dr. Mark Klein Presidential Exploratory Committee  

 

Note the quote from the former President of the Massachusetts Bar Association, openly acknowledging the VAWA for its truer effects as the VAFA (i.e., Violence Against Families Avenue). I wonder, did she share these views with the former Governor of Massachusetts?  Make you wonder again, at least this dadi. Walter Fields

 

Don, good to see you "moving up" to op-eds. And, Just in time for Valentines Day! Gordon E. Finley, Ph.D., Professor of Psychology Florida International University

 

I think that this topic needs to be discussed a lot more. The VAWA is a bill that has been pushed by radical feminists to deprive children from their fathers, puts fathers and noncustodial parents into slavery, destroys families, and destroys society. This is a gender specific bill that discriminates against all men and fathers. It must be done away with. Keep up the great work in exposing this evil bill. Steven Damron, fathers-4-justice   

 

 

Reprints

Regarding http://www.toledofreepress.com/?id=4855, the Toledo Free Press ran this letter in February, http://www.toledofreepress.com/?id=4923. 

 

Making a point

The men and women of Fathers 4 Justice ("Fathers claim inequities in family court," Feb. 11) have a point.

In almost every divorce case, one parent (usually the mother) is 'awarded' custody of the children - regardless if both parents are fit.

Why?

And in the majority of custody cases, one parent (usually the father) is ordered to pay child support, regardless if both parents earn an equitable amount.

Why?

These questions - and others - need to be answered.

Children need both parents - not visitors.

Society is not the only beneficiary to 50/50 shared parenting. Kids would be better off with equal access to both parents.

Don Mathis, Sherman , Texas

 

 

Request for Articles

The Fourteen Percenter is an international newsletter that seeks to promote equal parenting rights in the US , the UK , and worldwide. We welcome feedback, as well as any article, poem, or review relating to the child-parent bond. Send your letters to FourteenPercenter@yahoo.com. The editor is grateful to http://a1laminating.com/ for regional printing.