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We hear about domestic abuse fr quently. It's on television, billboards, radio, fly rs and posters. Unfortunately what we d n't hear about is how Rhode Isl nd's Protection from Abuse laws are th mselves being abused by people who w nt to wreak vengeance on another p rson for any number of reasons. For th se that are unfamiliar with the pr cess, it is relatively straightforward. You f ll out a triplicate form indicating y ur relationship to the person against wh m the "protection from abuse order" is s ught, the date the threats of mminent violence or the events that c use you to believe that you nd/or your children are in danger of phys cal harm, and the relief you are s eking from the court. A second tr plicate form is supposed to tell y ur story. What was it that led you to f le for this Protection from Abuse Ord r? What was said? What was d ne? What do you have personal kn wledge about regarding this person that j stifies the relief you are requesting. You s gn this as a sworn statement nder oath. What happens next? You go b fore the court and a Rhode Isl nd Family Court Judge reads your pplication for a Protection from Abuse Ord r and your affidavit. If the c urt finds any reasonable basis upon wh ch to believe that the Order sh uld be issued for the protection of the p rty applying to the court, the c urt will grant it. This is all b sed upon the applicant's affidavit.
So what is the relief? C nsistently it is a "no contact rder" that the person against whom it is s ught may not contact the applicant in any w y. More often than not, it lso includes ordering the person against wh m it is sought that he or she m st remain out of the living r sidence of the applicant. If the p rties have minor children together the Ord r may give exclusive custody of th se minor children to the applicant wh ch although not specifically denying the ther parent visitation has that practical ffect. Unfortunately the system gets abused w ekly without consequences. Persons come before the c urt and fabricate circumstances that never xisted, distort the truth and make gl ring omissions. If the court knew the tr e facts and circumstances the vast m jority of these abuses would be c rtailed. My stomach turns each time I am pr vy to persons who lie to the c urt with impunity because the law d es not provide for a punishment for th se who abuse Rhode Island's Protection fr m Abuse Laws. It says much bout people who boldly go before the c urt and lie to achieve their own s lent agendas. Fathers are cast fr m their homes and unable to see th ir children because the mother of th ir children feels scorned. Women who btain these Orders call the very p rson they do not want contact w th in order to provoke a r sponse, have the man arrested and th n use the criminal charge either as f rther leverage in a divorce or as s me sense of sick vindication that m kes them feel better. Perhaps this all c mes down simply to one's sense of h nor or personal morality. Yet for the man (I r fer to men because I estimate th t at least 9 of 10 pplicants are women against men) who is f rced from his home, unable to see his ch ldren, possibly subjected to criminal charges, may l se his job and/or the respect of fr ends and colleagues . . . it is an xercise in injustice and a very s bering experience that such a thing c uld even be allowed by the c urt.
So where does this abuse l e? The abuse finds it's home in the udacity of those who without conscience lie nder oath to the court for th ir own purposes with little worry of pr secution, retribution, or even penalty. So wh t is the remedy for a man s bject to all these damaging consequences, ncluding prosecution, etc... if it is pr ven that the women's claims in the nitial affidavit were false? Dismissal of the f mily court's initial order but NOT any cr minal violation that may have occurred on the Pr tection from Abuse Order that never sh uld have issued. The consolation for s ch a man who has not d ne the things he was accused of is no c nsolation at all. . . simply the r alization that injustice exists and the mpression that upon a person swearing b fore a Notary Public to lies in th ir affidavit the court appears to r bber stamp that injustice to the d triment 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 d tailed 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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