False allegations of Domestic Violence in a Divorce and Child Custody Dispute – A Qualitative Analysis

• In Event: Charge and Offense Type Differences in Pretrial Decisions and Outcomes

Abstract

Intimate Partner Violence or Domestic Violence is a serious societal and public health issue which is studied extensively in literature. More recently, some studies, however, have begun to examine false allegations of domestic violence that are more prevalent than recognized thus far. False or frivolous allegations are often made against an intimate partner as a strategic move to gaining legal, financial leverage, and an advantageous position in a child custody dispute and divorce case. Using qualitative research methodology, this study examines the experiences of men and women who were a target of false allegations of domestic violence and immediately reduced to a second-class parent from being an equal parent. Furthermore, this research examines the protection/restraining order policy, its use (abuse) by an individual parent to eliminate the other parent from joint and equal custodial rights. Finally, it seeks to identify pathways to prevent abuse of the Criminal Justice system.

Author

• Manish Madan, Stockton University