False allegations of domestic abuse are not just a phenomenon that routinely occur in the United States. Family law attorneys in Canada are similarly complaining about the unfairness and damage caused when a warring parent falsely accuses a spouse of abuse. Whether it is for revenge, to punish a spouse, or to attempt to gain an advantage in a custody proceeding, I see this occurring all too often in my practice. While domestic abuse should never be condoned, unfortunately there are seldom any recriminations for the false accuser.
According to Sarah Hampton of Toronto’s Globe and Mail, these common occurrences end up leaving many black eyes in its wake: for the accused, the justice system and especially the kids. She opines that the parent considering making a false allegation should give much more thought in advance about how it will detrimentally affect the children. The story, published on April 24, 2008, is an interesting read. Check it out.
Source: Divorce’s atomic bomb: false abuse allegations, Toronto Globe and Mail
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
Thank you, counsel, for exposing the injustices in “these” cases.
Dean Tong, MSc.
As one of the earlier professionals to publish on the Sexual Allegations In Divorce (SAID) Syndrome, it is very important that attorneys like Mr. Mues become acquainted with the science of child sex abuse when trying these cases.
Thank god someone is actually paying attention to this. I have recently been falsely accused of assaulting my girlfriend whom I broke up with two months ago — shortly after I found a new girlfriend.
The woman threatened to file a human rights commission complaint if I didnt allow her to play paintball at a field I manage; she was making a dubious claim that she was pregnant with my child and told me she intended to broadcast this to all of my friends and associates at the field.
Because of her threat to make a complaint to the HRCC, I bowed and said fine you want to play, fine. The Tuesday thereafter she claimed I had assaulted her and had her bruises from the game photographed in the local police station.
I have never ever threatened a woman with violence in my life, let alone ever struck a woman or tried to hurt one.
I broke up with this woman because I began to discover her lies about her past, her marriage, job, income, and when I found a new girlfriend she did everything she possibly could to trash the new relationship; claiming pregnancy, threatening to broadcast this claim to everyone in my circle of friends and aqaintances, and once she found out that I had informed my new girlfriend of everything and that she had stuck with me, now a bogus assault charge.
I’m not even allowed to know what she is alleging that I did to her! All I can know from the police is that she is claiming that I assaulted her and the day that she claims this happened.
To boot, she has done this to every single former spouse/boyfriend she has been with for the last 12 years as I have recently learned. Yet the police still have to drag me in for questioning and a statement.
I have no criminal record at all. I am sure that everything will work out fine in the end, but those who make false claims must be punished to the full extent of the law. I despise and hate men who assault the women they supposedly love, I helped protect this woman from (what turned out to be bogus) what she told me was an abusive stalker of an ex-husband. However when a woman (or man) makes such a claim to the police, it had better be truthful or they should be the ones going to jail.
I pay taxes for the police too, not just women. Why is it that women are getting unfair representation from our frontline law enforcement personell?