False Allegations of DV 101

lies will be made; with a temporary restraining order put in place.

You may be charged criminally even though there is no evidence.

Even in criminal court evidence is not necessarily required.

The way it works is to charge you with multiple charges of a serious nature.

Most will plea bargain out for a lesser charge instead of risk one of the serious multiple charges that has been filed against you.

People will say if your innocent fight it. But innocent or not, even in criminal court there are no guarantees.

So your given a choice, take the risk of trial and if even one of the charges stick, you will never see or have any custody at all of your children again.

This is a daunting decision. Most will break and plea bargain. The risk is to high not to. Jail time and the complete loss of your children.

So, you accept the plea bargain of a lesser charge, no jail time and you will be allowed to have supervised visits with your children until you finish a year long “batterer’s intervention class”.

It’s the sane thing to do. Risk/reward analysis.

So, no trial is needed and no real evidence. 9 out of 10 people charged criminally will plea bargain.

It’s how the system is designed. Charge with 6 things that all have heavy penalties if you are found guilty of any one of them or accept a single lesser charge and avoid trial.

Once the plea bargain is accepted and you are enrolled in the “batterer’s intervention” course, you are than faced with admitting you were controlling and abusive.

You don’t know this when plea bargaining out of the criminal charges, but you now are forced in these classes to admit you were controlling and abusive to your ex.

They have you now. Because you have supervised visits until you graduate. If you do not admit your abusive ways than you do lot pass the class. Do not pass the class, supervised visits will not end.

You are told if you don’t admit this you are not taking responsibility for your actions. You are not “growing”.

Desperate to have a chance of ending the clinical setting in which you are forced to visit your children every couple weeks for a few hours while under a watchful eye and the microscope, every word and action being documented, scrutinized and analyzed, you will eventually admit to whatever you need to in the hopes of having time again with your children in a more natural setting.

You will learn and will agree that men are naturally born as violent sexual predators to pass this class a well.

You will be indoctrinated.

Over the course of a year you will begin to believe the dogma and propaganda you are force feed and you will finally graduate this class completely ashamed that you were born a man.

Beaten down and ashamed you will now rejoice in the lifting of the supervised visits.

Time with your children in a natural setting again. You will be so grateful for this.

However, the relationship with your children by this time has been more than just a little strained.

It is now a shell of the former closeness you once shared and enjoyed with them.

Nonetheless, you will be so incredibly grateful that you are now at least allowed time with the children without the constant scrutiny if the “supervisors”.

You will now seek shared custody.

Your chances of this are extremely small if any at all.

The children are now adjusted to a new routine and home. If they are adjusting ok to it and doing alright in school, than you have zero chance, the court will see no reason to change the current arrangement of 4 days a month.

Your role as a parent is over.

You are now a visitor and will remain as such for the remainder of their childhood.

It should be noted here that even if you go to trial and successfully beat all the charges against you.

You are by no means out of the woods yet.

You see; you beat them in criminal court where evidence is beyond a reasonable doubt and by a jury of your peers.

You now have to beat the same allegations in Family Court under a “preponderance” of the evidence by a single judge who even if he/she believes you will likely rule on the side of caution.

This is where “I’m in fear” becomes sufficient evidence to be found as an abuser.

If found as such in Family court under the “preponderance” rule.

You are back to being ordered to supervised visits and the completion of a “batterer’s intervention” class.

Respectfully,

Thomas Fidler