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Posts Tagged ‘False Abuse Allegations’

NJ Attorney Challenges Constitutionality of Restraining Orders

In Alienation of Affection, Best Interest of the Child, fatherlessness, fathers rights, judicial corruption, Liberty, Marriage, Non-custodial fathers, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, parental rights, Parentectomy, Parents rights, Protective Dads, Restraining Orders on September 29, 2009 at 9:32 pm

from R.A.D.A.R.

David Heleniak, a Morristown, NJ attorney, has filed a motion on behalf of his client, John Paulsen, to vacate a final restraining order (FRO) on the ground that it violates Paulsen’s constitutional rights.

Heleniak gained recognition on the issue of domestic violence restraining orders with his 2005 law review article The New Star Chamber: The New Jersey Family Court and the Prevention of Domestic Violence Act.” More recently, in Crespo vs. Crespo, Heleniak won a landmark decision in which the Honorable Francis Schultz of Hudson County ruled that the criteria for a FRO must be “clear and convincing evidence” rather than a “preponderance of the evidence.” That verdict made Crespo vs. Crespo a glimmering hope to anyone who was ever hit with a frivolous restraining order – until it was recently overturned by the New Jersey Court of Appeals.

“They were dismissive of the whole idea [that the NJ domestic violence statute could be unconstitutional]” said Heleniak. “In fact, they dealt with some of our best points in a footnote [7], in which they said they were unworthy of discussion. I think they’re hoping the issues go away.”

Heleniak, disappointed with the decision of the Appellate Division, has asked the NJ Supreme Court to take the Crespo case and has forged ahead with Paulsen in a similar action with a motion to vacate a domestic violence restraining order on constitutional grounds in the local Morris County family court.

“I believe their [the Appellate Division’s] refusal to address some of the issues head-on affects their credibility. It just looks like they were ducking,” said Heleniak. “But at some point the issues will have to be addressed at a high level. There are just too many cases out there with the same story – a restraining order handed down without sufficient evidence that ruins a man’s life and the lives of his children.”

Paulsen said that the FRO against him was nothing more than a tactical maneuver to gain an unfair advantage in the litigation process.

“The allegations of abuse against me that gave rise to the FRO were manufactured by my wife to gain a tactical advantage in a divorce that she had decided she wanted months before the allegations were made,” said Paulsen. “In fact, she had surreptitiously had several meetings with her divorce attorney and was using the threat of a restraining order as a means of intimidation within our marriage for over a year before she used it as a first strike weapon in the divorce.”

A recent analysis notes that unwarranted restraining orders create a “ripple” effect that can persist for many years, harming the alleged person’s reputation, legal standing, security clearances, career prospects and financial status. In many cases, it also affects the person’s relationship with their children, often causing devastating and permanent harm to that relationship. (A Culture of False Allegations, http://www.radarsvcs.org/docs/RADARreport-VAWA-A-Culture-of-False-Allegations.pdf.)

False allegations not only damage the individual falsely accused, they also affect other family members who may be barred from seeing a grandchild, nephew, or niece.

Special reports regarding domestic violence restraining orders can be viewed at http://mediaradar.org/radarServices_special_reports.php.


Date of RADAR Release: September 28, 2009

R.A.D.A.R. – Respecting Accuracy in Domestic Abuse Reporting – is a non-profit, non-partisan organization of men and women working to improve the effectiveness of our nation’s approach to solving domestic violence. http://mediaradar.org

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Divorce: The Impact on our Children

In Alienation of Affection, Best Interest of the Child, Child Custody, Child Support, child trafficking, children legal status, children's behaviour, Childrens Rights, Civil Rights, CPS, cps fraud, custody, deadbeat dads, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, due process rights, family court, Family Court Reform, Family Rights, fatherlessness, federal crimes, Freedom, Intentional Infliction of Emotional Distress, Liberty, Marriage, motherlessness, mothers rights, National Parents Day, Non-custodial fathers, Non-custodial mothers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, state crimes, Title Iv-D, Torts on July 8, 2009 at 12:30 am

The Impact on our Children

Inter-spousal violence perpetrated by men is only a small aspect of family violence. False abuse allegations are only a small tile in the mosaic of vilifying the men in our society. They serve well in successful attempts to remove fathers from the lives of our children. Here are some statistics resulting from that which show more of the whole picture.

  • 79.6% of custodial mothers receive a support award
  • 29.9% of custodial fathers receive a support award.
  • 46.9% of non-custodial mothers totally default on support.
  • 26.9% of non-custodial fathers totally default on support.
  • 20.0% of non-custodial mothers pay support at some level
  • 61.0% of non-custodial fathers pay support at some level
  • 66.2% of single custodial mothers work less than full time.
  • 10.2% of single custodial fathers work less than full time.
  • 7.0% of single custodial mothers work more than 44 hours weekly.
  • 24.5% of single custodial fathers work more that 44 hours weekly.
  • 46.2% of single custodial mothers receive public assistance.
  • 20.8% of single custodial fathers receive public assistance.

[Technical Analysis Paper No. 42 – U.S. Dept. of Health and Human Services – Office of Income Security Policy]

  • 40% of mothers reported that they had interfered with the fathers visitation to punish their ex-spouse.

[“Frequency of Visitation” by Sanford Braver, American Journal of Orthopsychiatry]

  • 50% of mothers see no value in the fathers continued contact with his children.

[“Surviving the Breakup” by Joan Berlin Kelly]

  • 90.2% of fathers with joint custody pay the support due.
  • 79.1% of fathers with visitation privileges pay the support due.
  • 44.5% of fathers with no visitation pay the support due.
  • 37.9% of fathers are denied any visitation.
  • 66% of all support not paid by non-custodial fathers is due to the inability to pay.

[1988 Census “Child Support and Alimony: 1989 Series” P-60, No. 173 p.6-7, and “U.S. General Accounting Office Report” GAO/HRD-92-39FS January 1992]

[U. S. D.H.H.S. Bureau of the Census]

  • 90% of all homeless and runaway children are from fatherless homes.
  • 85% of all children that exhibit behavioral disorders come from fatherless homes.

[Center for Disease Control]

  • 80% of rapists motivated with displaced anger come from fatherless homes.

[Criminal Justice and Behavior, Vol. 14 p. 403-26]

  • 71% of all high school dropouts come from fatherless homes.

[National Principals Association Report on the State of High Schools]

  • 70% of juveniles in state operated institutions come from fatherless homes

[U.S. Dept. of Justice, Special Report, Sept., 1988]

  • 85% of all youths sitting in prisons grew up in a fatherless home.

[Fulton County Georgia Jail Populations and Texas Dept. of Corrections, 1992]

  • Nearly 2 of every 5 children in America do not live with their fathers.

[US News and World Report, February 27, 1995, p.39]

There are:

  • 11,268,000 total custodial mothers
  • 2,907,000 total custodial fathers

[Current Populations Reports, US Bureau of the Census, Series P-20, No. 458, 1991]

What does this mean? Children from fatherless homes are:

  • 4.6 times more likely to commit suicide,

  • 6.6 times to become teenaged mothers (if they are girls, of course),
  • 24.3 times more likely to run away,
  • 15.3 times more likely to have behavioral disorders,
  • 6.3 times more likely to be in a state-operated institutions,
  • 10.8 times more likely to commit rape,
  • 6.6 times more likely to drop out of school,
  • 15.3 times more likely to end up in prison while a teenager.

(The calculation of the relative risks shown in the preceding list is based on 27% of children being in the care of single mothers.)

and — compared to children who are in the care of two biological, married parents — children who are in the care of single mothers are:

  • 33 times more likely to be seriously abused (so that they will require medical attention), and
  • 73 times more likely to be killed.

[“Marriage: The Safest Place for Women and Children“, by Patrick F. Fagan and Kirk A. Johnson, Ph.D. Backgrounder #1535.]

COMMON SENSE & DOMESTIC VIOLENCE, #3.