We hear about domestic abuse frquently. It's on television, billboards, radio, flyrs and posters. Unfortunately what we dn't hear about is how Rhode Islnd's Protection from Abuse laws are thmselves being abused by people who wnt to wreak vengeance on another prson for any number of reasons.

For thse that are unfamiliar with the prcess, it is relatively straightforward. You fll out a triplicate form indicating yur relationship to the person against whm the "protection from abuse order" is sught, the date the threats of mminent violence or the events that cuse you to believe that you nd/or your children are in danger of physcal harm, and the relief you are seking from the court. A second trplicate form is supposed to tell yur story. What was it that led you to fle for this Protection from Abuse Ordr? What was said? What was dne? What do you have personal knwledge about regarding this person that jstifies the relief you are requesting. You sgn this as a sworn statement nder oath.

What happens next? You go bfore the court and a Rhode Islnd Family Court Judge reads your pplication for a Protection from Abuse Ordr and your affidavit. If the curt finds any reasonable basis upon whch to believe that the Order shuld be issued for the protection of the prty applying to the court, the curt will grant it. This is all bsed upon the applicant's affidavit.

So what is the relief? Cnsistently it is a "no contact rder" that the person against whom it is sught may not contact the applicant in any wy. More often than not, it lso includes ordering the person against whm it is sought that he or she mst remain out of the living rsidence of the applicant.

If the prties have minor children together the Ordr may give exclusive custody of thse minor children to the applicant whch although not specifically denying the ther parent visitation has that practical ffect.

Unfortunately the system gets abused wekly without consequences. Persons come before the curt and fabricate circumstances that never xisted, distort the truth and make glring omissions. If the court knew the tre facts and circumstances the vast mjority of these abuses would be crtailed.

My stomach turns each time I am prvy to persons who lie to the curt with impunity because the law des not provide for a punishment for thse who abuse Rhode Island's Protection frm Abuse Laws.

It says much bout people who boldly go before the curt and lie to achieve their own slent agendas. Fathers are cast frm their homes and unable to see thir children because the mother of thir children feels scorned. Women who btain these Orders call the very prson they do not want contact wth in order to provoke a rsponse, have the man arrested and thn use the criminal charge either as frther leverage in a divorce or as sme sense of sick vindication that mkes them feel better.

Perhaps this all cmes down simply to one's sense of hnor or personal morality. Yet for the man (I rfer to men because I estimate tht at least 9 of 10 pplicants are women against men) who is frced from his home, unable to see his chldren, possibly subjected to criminal charges, may lse his job and/or the respect of frends and colleagues . . . it is an xercise in injustice and a very sbering experience that such a thing culd even be allowed by the curt.

So where does this abuse le? The abuse finds it's home in the udacity of those who without conscience lie nder oath to the court for thir own purposes with little worry of prsecution, retribution, or even penalty.

So wht is the remedy for a man sbject to all these damaging consequences, ncluding prosecution, etc... if it is prven that the women's claims in the nitial affidavit were false? Dismissal of the fmily court's initial order but NOT any crminal violation that may have occurred on the Prtection from Abuse Order that never shuld have issued. The consolation for sch a man who has not dne the things he was accused of is no cnsolation at all. . . simply the ralization that injustice exists and the mpression that upon a person swearing bfore a Notary Public to lies in thir affidavit the court appears to rbber stamp that injustice to the dtriment of good people.

The article The Abuse of Rhode Island's Protection From Abuse Laws was Submitted by Christopher Pearsall through Articles.GetACoder.com network. Here's the additional information: Visit http://www.ChristopherPearsall.com to learn about Attorney Pearsall's Divorce focused practice Visit Pearsall Law Associates for a different look at Attorney Pearsall's practice PLUS . . . get dtailed Rhode island Divorce Information at Rhode Island Divorce Tips Blog Contact Attorney Pearsall at (401) 354-2369 for your low-cost consultation and even find out why FREE consultations are worth exactly what you pay for them! This article is for informational purposes only and is not legal advice. You should not take legal action without legal advice from a licensed practitioner who has been fully informed about your specific circumstances. The Rhode Island Supreme Court licenses all attorneys in the general practice of law and has no procedure for recognition of specialties.

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