False allegations of Violence in Non-Molestation Orders:
In 2018, The Guardian reported that thousands of women falsely claim domestic to gain an advantage in cases involving Child Arrangement Orders and financial settlement proceedings.
The Ministry of Justice has also reported that there has been an alarming increase in the number of non-molestation orders since 2012 after the legal aid was axed in everything but abuse cases.
The most talked-about legal case of domestic violence involving actors Johnny Depp and her gold digger x-wife Amber Heard is an example of how men can also suffer abuse. In this article, we shall be discussing the legal battle of two stars and raise points of consideration about how women misuse non-molestation orders in England to obtain free public funding and financial aid.
What is Domestic Violence?
Domestic violence refers to any attempt made by one partner in a marriage or intimate relationship to control or dominate the other partner. The person who is being forced to do something or behave in a certain way out of fear is the victim of abuse.
Domestic violence includes a broad range of behaviours such as hitting, slapping, pushing, threats and intimidation, invading someone’s personal space, throwing objects, striking with an object, or using weapons.
Does Domestic Violence Only Affect Women?
Anyone can suffer domestic abuse regardless of gender, age, status, or ethnicity. Though women are more likely to abuse domestic violence, men also experience abuse. Not many people know that domestic violence against men accounts for almost 40% of the cases.
However, due to the general ignorance towards the emotional and physical abuse against men, such cases are often looked down upon with a humorous sense.
Countless cases have been reported in the UK where women make false allegations against their partners or x-partners out of spite, end a relationship, or gain financial aid.
Understanding Domestic violence Against Men
Domestic violence against men is different as compared to women. When referring to domestic violence, people often think of only physically or sexually harming the other partner. However, that is not the case, as domestic violence is not limited to physical harm, and saying things that cause others mental and emotional damage can be just as damaging.
It is worth pointing out that those men are more likely to suffer emotional damage that can be entirely different from what can cause damage to women. For example, men cannot bear being called losers, cowards, or impotent, and being called so repeatedly by their partner can hurt them deeply.
Emotionally abusive relationships make men lose their self-worth and may lead to anxiety and depression. Interestingly, many men are regular victims of emotional abuse, but the majority of such cases go unreported due to societal pressures.
Why Does Domestic Violence against Men Remain unrecognized?
There is a general taboo around violence against men, and most people think that a man cannot
be a victim of domestic abuse. Men are reluctant to report domestic violence due to fear of being embarrassed. Or they are scared that their partner will get more offended and take revenge.
Another reason why domestic violence against men gets unheeded is the degree of physical harm that men can inflict against women. Even if a man is a victim, people usually can not see signs of abuse.
How Would You Know that Your Spouse Could falsely accuse You?
Women who falsely accuse their partners of domestic abuse and violence are usually malicious or emotionally unstable. If your spouse or partner has a history of such behaviors as emotional outbursts, attention-seeking behaviors, jealousy, and a tendency to lash out and make a sudden verbal and physical attack, immediately consult an attorney to get the best possible advice to deal with your situation and minimize their chances of sabotaging you.
The Case of Johnny Depp and Amber Heard
Depp and Heard split in August 2016, and since then, the couple has made repeated accusations of domestic violence against each other. In December 2018, a post was published in the Washington Post op-ed by Amber Heard in which she claimed herself to be a public figure representing domestic abuse.
In 2019, Depp filed a civil lawsuit of $50 Million against Heard for defaming him. Depp’s lawyer painted her a liar, saying she made up the abuse at the height of the MeToo movement to gain publicity for a movie she was starring in during that time. Her accusations cost Depp his legendary career.
Depp denied all the allegations and accused Heard of alleging abuse to secure a premature financial resolution. He alleged that heard threw a vodka bottle at him that cut off his middle finger.
Legal Proceedings in the Case
During the legal proceedings, Depp's lawyers presented testimonies from Tyler Hadden, one of the LAPD officers who responded to the domestic violence call in May 2016. She testified that the Heard had no grave injuries when she called. She only had some marks on her face when she appeared at the LA Courthouse to apply for a temporary restraining order.
Two more officers also gave similar testimonies. The Court also heard from Depp’s childhood buddy, Isaac Baruch, who lived near the couple's house. He said that he never witnessed any violence between the couple, calling Heard’s claims a Malicious Lie.
Then on April 26, forensic psychologist Shannon Curry testified that heard is suffering from a borderline personality disorder and a histrionic personality disorder that may lead to disruptive and attention-seeking behaviours.
The case goes on and the outcome is awaited and maybe either way, but one fact has come out clear and loud, Mr Depp suffered Domestic Violence at the hands of his ex-wife. ##Men are NOT the only perpetrators of Domestic violence, men suffer too, equally and more and the Justice System in England needs to take note of en this offering one-sided legal aid to those making false allegations, as not every man has the courage, power, money and resources to fight the false allegations as the brave men Mr Depp has. The author of this article has a lot of respect for Mr Depp for standing up for himself the way he has. May the truth be victorius.
What Happens When You Fall Victim to False Allegations?
False allegations in the non-molestation orders especially when it is made by women are viewed by the public with so much passion that no one even bothers to think that the accused party (man) could be innocent. Such allegations may lead to some grave consequences such as:
· Stopping you from seeing your children or even living in the family home.
· Limiting the time you spend with your children
· Losing your job
· Creation of a criminal record
· Heavy fines or even imprisonment
How To Defend Yourself Against a non-molestation Order?
Non-molestation orders are the most common form of an injunction issued by the family court in cases involving domestic violence. To protect yourself, you must understand how these orders work, your legal rights, and what immediate actions you must take to defend yourself against a non-molestation order. To protect yourself, you must have a clear understanding of how these orders work, what are your legal rights, and what immediate actions you must take to defend yourself against a non-molestation order.
Your lawyer can play a key role in ensuring your statements are not being interpreted, so never hide anything from your lawyer so they can offer you the best possible guidance. If you begin to feel that your partner is behaving strange and could land you in jail in the future, here are the immediate actions you could take:
· Get early legal advice
· Confide in your close friends and relatives
· Keep your passwords and login information private
· Gather Evidence
· Document everything
· Adhere to the terms of the restraining order against you
· Show that you are a responsible parent
· Stay focused to prevent your emotions taking over
In most cases, people who are not guilty and stick to their story from the start have a better chance of winning the case. Try to stay true to your story and do everything to prove that you are not at fault and have been wrongly accused.
Family law specialists will better guide you about the options you have. You will be allowed to provide your side of the story and request the court to dismiss the false allegations against you. You can read our detailed guide on top tips on how to defend against a non-Molestation order here.
Though Non-Molestation Orders are made under the Family Law Act, this Act does not have wide-ranging powers compared to the Domestic Abuse Act. However. Our firm, Court Help Limited, specializes in Non-Molestation Order Defence and knows of the impact of the Non-Molestation Orders on those who are falsely accused when the applicants misuse the powers of the Non-Molestation Order.
How Does the Court Deal with the False Allegations of Domestic Abuse?
Any allegations made in the court are subject to scrutiny, and the applicant is then asked to present evidence to prove the false allegations right rather than a victim to disapprove the wrong case.
Despite the false allegations, the accused will be given a chance to prove his innocence. There are severe implications for the party who falsely alleges domestic violence.
If they fail to provide sufficient evidence to substantiate their allegations in the court, the court will hold them accountable for committing perjury that could lead to a custodial sentence of up to six months and settling the matter against them.
How Can We Help?
If you feel that you will likely be a subject of false allegations of domestic abuse, contact Court Help Ltd. Our team of paralegals will assist you in defending a non-Molestation Order application or Occupation Order.
We will help you through all the documentation and paperwork and assist you in preparing evidence to refute the false allegations made by your partner. Call us today at 07375757510 or drop an email at help@inCourt.co.uk to get a piece of legal advice.
This article is NOT legal advice and should NOT be treated as legal advice.
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