False accusations... police help??

[StefaniQ]

N.Y..
What happens when a woman makes false accusations? I live in NYC and they take DV very serious. So much in fact that in the majority of cases there isn't an investigation. They just take the womans word for it. I know of 3 different females who have made false complaints against their childrens fathers. One made 3 complaints against hers. All 3 times he was arrested, and is currently awaiting trail for violating an OP(even though he didnt). She's abusing the system, like many girls here in NY, to get an apartment. Is there help for the innocent men being prosecuted? I've seen this so many times before and unfortunately I'm beginning to feel sorry for the men.

 

[Proserpina]

N.Y..
What happens when a woman makes false accusations? I live in NYC and they take DV very serious. So much in fact that in the majority of cases there isn't an investigation. They just take the womans word for it.

Hogwash. Complete and utter hogwash.

I know of 3 different females who have made false complaints against their childrens fathers. One made 3 complaints against hers. All 3 times he was arrested, and is currently awaiting trail for violating an OP(even though he didnt). She's abusing the system, like many girls here in NY, to get an apartment. Is there help for the innocent men being prosecuted? I've seen this so many times before and unfortunately I'm beginning to feel sorry for the men.

And exactly how do YOU know that these are false allegations? Are you there 24/7?

Seriously OP - if you're not either the alleged perp or victim, you likely don't have enough information.

 

[StefaniQ]

are u kidding me??
Offender NO.. Victim.. yes. Which is why it bothers me so much. Which is why I am BEGINNING to feel sorry for the men. If YOU must know I'm in a DV shelter, running from an abusive boyfriend. I befriended the other girls and I listen to their stories about how they had their friends attack them, and went to the precint blaming it on the husband/boyfriend/babyfather. I listened to the jealous girl that faked DV to get back at her ex for moving on. And that particular girl that just didnt want to live with her mother any more, so is using her sons father. She told the police he pulled a gun on her. They never found a gun, because he didnt have one, he still got arrested and prosecuted because of what SHE SAID. In my own case, when i finally called the police, no investigation was done. I simply told what was happening. I wrote a statement and took a picture. He got arrested and I got a new cell phone. They brag about it. Its like a game here.

 

[Proserpina]

are u kidding me??
Offender NO.. Victim.. yes. Which is why it bothers me so much. Which is why I am BEGINNING to feel sorry for the men. If YOU must know I'm in a DV shelter, running from an abusive boyfriend. I befriended the other girls and I listen to their stories about how they had their friends attack them, and went to the precint blaming it on the husband/boyfriend/babyfather. I listened to the jealous girl that faked DV to get back at her ex for moving on. And that particular girl that just didnt want to live with her mother any more, so is using her sons father. She told the police he pulled a gun on her. They never found a gun, because he didnt have one, he still got arrested and prosecuted because of what SHE SAID. In my own case, when i finally called the police, no investigation was done. I simply told what was happening. I wrote a statement and took a picture. He got arrested and I got a new cell phone. They brag about it. Its like a game here.

No, I'm not kidding.

We KNOW that many false reports are made. We also KNOW that these are investigated. That the accused have a CONSTITUTIONAL right to due process. That's why I said your first paragraph was hogwash.

You said yourself that he was arrested - hence there was an investigation.

Honestly this isn't the right forum if all you want to do is vent about someone else's situation. I'm not saying that to be mean, but to be honest.

 

[Gracie3787]

N.Y..
What happens when a woman makes false accusations? I live in NYC and they take DV very serious. So much in fact that in the majority of cases there isn't an investigation. They just take the womans word for it. I know of 3 different females who have made false complaints against their childrens fathers. One made 3 complaints against hers. All 3 times he was arrested, and is currently awaiting trail for violating an OP(even though he didnt). She's abusing the system, like many girls here in NY, to get an apartment. Is there help for the innocent men being prosecuted? I've seen this so many times before and unfortunately I'm beginning to feel sorry for the men.

The laws aren't really written that way, but, like you, I have seen many situations where a woman's words is all it takes.

The ONLY way that a man can really protect himself in a situation like that is to hire a good attorney who will know what eveidence to bring into court and also Judges tend to pay more attention when an attorney is presenting evidence rather than a pro-se litigant. In a few of the cases I've seen where an ex-parte order was issued based soley on the woman's claims, the accused won in a hearing simply because they had an attorney representing them. Sadly, in the cases I've seen all of the men who attempted to represent themselves lost partly due to them not knowing HOW to introduce the proper evidence in court.

So, all a man really needs is 2 things- the truth, and an attorney to bring that truth to court.

 

[Proserpina]

The laws aren't really written that way, but, like you, I have seen many situations where a woman's words is all it takes.

The ONLY way that a man can really protect himself in a situation like that is to hire a good attorney who will know what eveidence to bring into court and also Judges tend to pay more attention when an attorney is presenting evidence rather than a pro-se litigant. In a few of the cases I've seen where an ex-parte order was issued based soley on the woman's claims, the accused won in a hearing simply because they had an attorney representing them. Sadly, in the cases I've seen all of the men who attempted to represent themselves lost partly due to them not knowing HOW to introduce the proper evidence in court.

So, all a man really needs is 2 things- the truth, and an attorney to bring that truth to court.

I agree that a woman's word is often all it takes to have someone arrested on dv charges.

And I am not disagreeing that there are many false accusations made against innocent people.


Jes' sayin'

 

[davew128]

The laws aren't really written that way, but, like you, I have seen many situations where a woman's words is all it takes.

The ONLY way that a man can really protect himself in a situation like that is to hire a good attorney who will know what eveidence to bring into court and also Judges tend to pay more attention when an attorney is presenting evidence rather than a pro-se litigant. In a few of the cases I've seen where an ex-parte order was issued based soley on the woman's claims, the accused won in a hearing simply because they had an attorney representing them. Sadly, in the cases I've seen all of the men who attempted to represent themselves lost partly due to them not knowing HOW to introduce the proper evidence in court.

So, all a man really needs is 2 things- the truth, and an attorney to bring that truth to court.

Seeing as I originally hail from the People's Republic of Massachusetts, I can tell you that getting a 209A restraining order is the most corrupt process. Not only is it an ex parte matter, but neither the spirit nor the letter of the law is followed by the magistrate issuing the order, and often times, having an attorney present at the 10 day subsequent hearing doesn't help as the judge ruling on extending the order ALSO ignores the spirit and the letter of the law. A defense attorney friend of mine has many tales of how the only way to get these bogus orders vacated is to appeal to Superior Court, which of course is costly in money and time to the falsely accused. Even if you get the order tossed, its initial issuance remains on your CORI unless you can prove it was initially issued as a result of grossly false testimony.

Jes sayin.

 

[CdwJava]

its initial issuance remains on your CORI unless you can prove it was initially issued as a result of grossly false testimony.

As an FYI, restraining orders are entered into DVROS and not onto a person's CORI (criminal offender record). Only booking arrests and convictions should be entered into a state's CORI.

As for the initial issuance of a restraining order, yes, those are rather easy. However, getting a criminal conviction even after an arrest is not - or SHOULD not be - that easy. I see many men who plead guilty even though they claim to have been innocent, and that keeps them from having their day in court.

The arrest is far easier to make based upon the woman/victim accusation than a conviction.

 

[davew128]

As an FYI, restraining orders are entered into DVROS and not onto a person's CORI (criminal offender record). Only booking arrests and convictions should be entered into a state's CORI.

In Massachusetts it is shown on CORI and to my knowledge, unlike the history for convictions which can be publicly sealed after a length of time, there is currently no mechanism for sealing restraining order history. It can be vacated as an order, but unless you can show it was fraudulently obtained, it cannot be expunged and therefore will always show on a CORI check.

 

[bruceleejr]

The California, Massachusetts, and Illinois have all publicly stated that restraining orders are granted arbitrarily and abused especially by women.

 

[Proserpina]

The California, Massachusetts, and Illinois have all publicly stated that restraining orders are granted arbitrarily and abused especially by women.

The California, Mass & Illinois....what?

Newspapers?

Hedgehogs?

PDs?

Please provide cites. Thanks!

 

[bruceleejr]

Do you not believe it?

Do you not think poeple think these DVROs are abused? Do you think most are sought for tactical or vindictive reasons.


CA State Bar
http://www.cafcusa.org/docs/family-law-news_TRO_RO_Pages 26thru30_Vol27-Number4_2005-1.pdf page 26-27

Illinois and CA

Order of Protection Leving’s Divorce Magazine

Massachusetts

Over one million false allegations of domestic violence each year

anyways, it wasn't like you couldn't google them yourself.

Anything else you need cited?

 

[CdwJava]

The California, Massachusetts, and Illinois have all publicly stated that restraining orders are granted arbitrarily and abused especially by women.

Please indicate the state sources that "publicly stated" this. Even if true, what public official would go on record with such a statement?

Are they arbitrary? Well, no more so than most any judge's order might be considered arbitrary.

Are they abused? Sure. Any legal process can be abused. The question then becomes, what to do about it?

 

[CdwJava]

In Massachusetts it is shown on CORI and to my knowledge, unlike the history for convictions which can be publicly sealed after a length of time, there is currently no mechanism for sealing restraining order history. It can be vacated as an order, but unless you can show it was fraudulently obtained, it cannot be expunged and therefore will always show on a CORI check.

Very unusual ... and contrary to the process in other states that I am aware of. In most states these are civil matters, for the most part, and not criminal and thus they can not be entered into CORI.

 

[CdwJava]

Do you not think poeple think these DVROs are abused? Do you think most are sought for tactical or vindictive reasons.


CA State Bar
http://www.cafcusa.org/docs/family-law-news_TRO_RO_Pages 26thru30_Vol27-Number4_2005-1.pdf page 26-27

Illinois and CA

Order of Protection Leving’s Divorce Magazine

Massachusetts

Over one million false allegations of domestic violence each year

anyways, it wasn't like you couldn't google them yourself.

Anything else you need cited?

Okay, so these states did not "publicly" state that the process was arbitrary and abusive, advocacy organizations or people with opinions on the matter stated such.

I can also find legal groups that believe putting people in jail is wrong, too. And I can find people who will "prove" with scientific evidence and data that the world is hollow ... does that make it true? And your MA link ... well ... they have an axe to grind.