How Domestic Violence Laws Encourage False Allegations

Falsely Accused

Our nation’s domestic violence laws seem to operate on the belief that even minor cases of partner conflict should be brought to the attention of law enforcement personnel, claiming that reporting such incidents will prevent escalation of the conflict. (Note that overly-intrusive actions of law enforcement may have the opposite effect, contributing to a worsening of partner conflict.)

This belief gives rise to a number of policies and practices that promote false accusations:

Broad definitions of domestic “violence” – Civil definitions of domestic violence include ill-defined and non-violent actions such as causing “annoyance,” making your partner “afraid,” and engaging in “harassment.”
No need for evidence – Domestic violence service providers, law enforcement personnel, and prosecutors are all instructed to “always believe the victim,” even though the accuser has no evidence or proof of violence.
Victim advocates – Domestic violence programs hire “victim advocates” who coach persons with minor problems how…

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