Assessing the Veracity of Domestic Violence Allegations in Parenting Disputes

In child custody cases, domestic violence allegations are common. Some are true, and some are false. But false allegations can make it hard to believe true ones. It can harm both falsely accused parents and abused spouses. A batterer might use the legal process to continue abusing their ex-partner and using the children as pawns. To stop this, family lawyers and judges should learn about domestic violence and how it affects child custody cases. There are myths about domestic violence, like thinking all victims are passive or all abusers are always angry. But the reality is that anyone can be a victim, and abusers can seem normal and charming. Also, victims do fight back against the abuse. Reality: Battered spouses may get angry and fight back in abusive relationships, but this doesn’t mean their claims of abuse are false. Domestic violence isn’t just physical beatings, it can also be sexual, emotional, psychological, economic, or legal abuse. Battered spouses aren’t crazy for staying in abusive relationships – they may use tactics to protect themselves and their children from harm. It’s important to understand the context of their behavior instead of labeling it as “crazy.” The legal system sometimes has a narrow view of what it means to be abused. Not all battered spouses develop PTSD, and it’s not fair to expect them to. Trauma can change how someone thinks and reacts, and a battered spouse’s perception of danger is different from someone without a history of violence. It’s a myth that abused spouses should just leave the relationship. They might be financially dependent on the abuser, have nowhere else to go or fear for their safety and the safety of their children. Abusive relationships often involve a cycle of violence, with the abuser being loving and apologetic after an episode of abuse, which can make the victim believe things will change. It’s not easy to determine who the victim is in a violent relationship, especially if both parties have been abusive at some point. But one way to look at it is to see who had the power and control in the relationship. The abuser might use violence, threats, isolation, controlling the money, or using the children to gain control. So, even if both people have been violent, it’s important to look at other ways the abuser tries to control the victim to determine who is the victim and who is the abuser. And it’s also important to remember that leaving doesn’t always mean safety, as separation can be a very dangerous time in a violent relationship. To determine if someone is being abused, it’s important to look at other evidence. This can include therapy or medical records, police reports, or talking to people who know the person. These records and interviews can help show if the abuse is real or if someone is making it up. But, they’re not the only thing to consider. Sometimes there aren’t any records, and even if there are, they might not prove anything. So, it’s important to look at all the evidence together to figure out what’s really happening. If someone claims they were abused in a relationship, look for changes in their behavior, emotions, and thinking after the relationship started. Battered spouses often behave differently, like trying to please the abuser or accepting blame for their actions. They may also feel low self-esteem, depression, and fear. A psychological evaluation can also help determine if the alleged victim has trauma-related symptoms. However, not all victims show these symptoms, and some abusers may not show violent tendencies in the evaluation. For thousands of years, the law didn’t protect women from being abused by their husbands. In fact, it was legal for husbands to physically harm their wives. It wasn’t until the late 1800s that some states started to change this. But even today, some courts still don’t take spousal abuse seriously. However, things are slowly improving with more specialized courts and education on domestic violence for judges and lawyers. Experts in domestic violence can help lawyers in cases involving domestic violence. They can serve as consultants, expert witnesses/educators, or expert witnesses/evaluators. As consultants, they review and analyze information related to domestic violence allegations and help lawyers strengthen their case. They can also point out inconsistencies or evidence that may indicate the allegations are false. For example, they may identify signs of isolation or role assignments in the relationship that are unusual in an abusive relationship. A consultant can help an attorney by preparing questions for opposing experts and predicting their arguments in court. They can also review the work of other experts and help decide if it’s worth using them in a case. Expert witnesses/educators provide general educational information about domestic violence to help the court make decisions. This can help in custody battles or explaining the behavior of a abused spouse. An expert witness/evaluator helps evaluate the people involved in a domestic violence case to form opinions about the allegations and the family’s specific needs. They can be costly, but their testimony can be powerful if it supports the client’s position. A domestic violence expert can help dispel myths about domestic violence and help judges better understand the dynamics of violent relationships. This can lead to better protections for abused spouses and reveal false allegations. Dr. Sherrie Bourg Carter is a forensic psychologist in Ft. Lauderdale who specializes in family, criminal, and civil legal issues. She has conducted over 200 family law evaluations. This information was provided by the Family Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/assessing-the-veracity-of-domestic-violence-allegations-in-parenting-disputes/