It is unfortunate, but false domestic abuse claims sometimes happen in New Jersey and across the nation. A lot of the time, these allegations come from spouses or significant others who are looking to better their positions in divorce or child custody cases. Given current domestic violence laws, all claims of domestic abuse are taken seriously, and being falsely accused can carry severe consequences.
It is important to note that physical violence is not a requirement to be charged with domestic abuse. Things like blocking the door during an argument, destroying property (especially phones) or even screaming can, in the eyes of the law, constitute a crime. For this reason, false domestic abuse allegations are more common than one might think
The police and the courts take domestic violence and abuse so seriously these days that judges often issue emergency protection orders without any compelling evidence whatsoever. Worse than that, an allegation that the accused violated a protective order could result in arrest with equally shoddy evidence.
This selective, shoot-first enforcement strategy has been commonplace ever since police and legislators began cracking down on domestic violence in the mid-1990s. The laws, and especially their enforcement, can be very unfair to males. According to an article published by The New York Times, female victims of domestic violence outnumber their male counterparts by 80%, according to the Department of Justice. Contrarily, however, a federal poll found that the ratio was only actually about two to one.
Anyone who is falsely accused of domestic violence should not sit on his or her hands. This is especially true if a divorce or child custody case is imminent. Being proactive, contesting protection orders and fighting for at least some custody or regular visitation will help those falsely accused to level the playing field, so to speak. Male or female, married or not, anyone accused of these violent crimes should consult an experienced attorney as soon as possible.