Out of every 100 reports of child abuse: 58 are false; 21 are poverty cases; 6 are sexual abuse; 4 are minor physical abuse;... -- Richard Wexler, author of Wounded Innocents
A Criminal Defense Attorney's View
of the Domestic Violence Industry
by: Paul G. Stuckle, Esq.
Updated: March 12, 2006
Table of Contents
- The special nature of domestic violence allegations
- True domestic violence must stop
- Innocent family members can be falsely accused of domestic violence
- Examples of what is not domestic violence
- Who is the real victim anyway?
- Zero tolerance and no-drop policies
- The domestic violence industry
- Domestic violence is a political crime
- The family advocacy center
- Follow the money
- Team unity: take out a family for the team
- Pssst... They are coming... or are they already here?
- Changing the rules to convict
- Legislative changes
- Hearsay evidence
- Syndrome evidence may be admissible against the accused
- Convictions without physical evidence
- Summary: Recipe for conviction
- Domestic violence legal facts: a checklist
- Issues upon arrest
- Consequences of a conviction
- Selecting the right attorney
- Do not attempt this on your own
- Rules for the accused
- Finding the right criminal defense attorney
- Length of practice and experience
- Reject plea bargains
- Prepare a vigorous pre-charge defense to avoid prosecution
- Prepare a vigorous defense for trial.
"Husbands and wives have arguments. Does that now mean a trip to jail
and a criminal conviction?"
"A case of alleged domestic violence now belongs to 'the family violence industry.'"
"The belief system is also one of extreme arrogance, that the family violence team knows
better than anyone, particularly the family itself, of what is best for them."
Paul G. Stuckle, Attorney at Law
I. The Special Nature of Domestic Violence Allegations
True Domestic Violence Must Stop
No rational person condones violence toward anyone, particularly a family member. In America
there are many tragic domestic relationships,
which involve battered wives, husbands, and members of a household. A true victim in a violent family
relationship needs immediate support and protection. A true battering spouse needs to face the legal
consequences of their actions.
Innocent Family Members Can Be Falsely Accused of Domestic Violence
The legislature has enacted laws to assist police and prosecutors, convict the guilty and stop
the abuse of spouses and family members. The intent behind these laws is well meaning and necessary.
Problems arise when laws designed to protect a victim of domestic violence are used too broadly and
are applied to normal families. A big difference exists between an abusive spouse repeatedly
committing violent acts, and a nonviolent family in which a single argument went too far.
Unfortunately, the politicians and authorities do not see the difference! To the self-proclaimed
saviors and protectors of abused "victims," any allegation of domestic violence means the
household must be one continuously engaged in abusive behavior.
'The domestic violence entrepreneurs and state officials live in a different world from us. A
sense of nameless vague threat is always in the background. To hear the pros talk, all the men
they deal with are batterers, sexual abusers, or virtually time bombs of violence. Repeated
cliches like "at risk" and "a safe place" and "maintaining safety"
pepper their sentences...
John Maguire, Massachusetts News,
"The Booming Domestic Violence Industry"
If an argument between spouses was the benchmark for domestic violence, then almost every family in
America would be defined as an abusive relationship. This governmental over-reaction and dragnet
targeting of normal families and treating them as criminals has led us to massive injustice across