How to Handle False Accusations of Domestic Violence
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- Опубликовано: 5 сен 2022
- Cody Warner, an experienced NYC criminal defense attorney, discusses common issues involved with false allegations of domestic violence.
If you've been charged with a crime in New York, contact Cody for a free consultation.
Cody Warner P.C.
11 Broadway Suite 615
New York, NY 10004
📞 212-627-3184
codywarnercriminaldefense.com...
False accusations shouldn’t be a misdemeanor. It should be a felony
It certainly should. I personally think anyone found guilty of False accusations should get whatever sentence the person that was falsely accused would have got plus extra for wasting police time and the falsely accused's legal fees including court fees. So say the falsely accused would have got 15 years then the sentence might be 15 years plus 1 for wasting police time plus the fees so 16 years all up.
That may seem excessive but I think of it like this a man if convicted of domestic violence when he didn't do it he will lose his freedom and miss out on life's celebrations whether or not he would have attended every celebration he missed or not isn't the point, the point is he wouldn't have the opportunity afforded to him. If he wanted to go to a wedding he couldn't, if he wanted to celebrate a birthday he couldn't, the list goes on so if he wouldn't be able to be free for 15 years the she shouldn't have those freedoms for 16 years for the reasons I listed above.
It's only fair I think.
I had one of the messiest divorce cases in my county. The Ex- was very persuasive and convinced the court appointed psychologist and court counselor that I was a child abuser. The Ex- did not know when to stop and was eventually caught in a bunch of lies, and I eventually ended up with total custody of our toddler daughter.
I was physically assaulted annually for nearly a decade during visitation, often with weapons (pogo stick, baseball bat, etc). We were approximately the same weight and strength. I would make a police report each time, and the police would often take photos of the bruising. Each time, the police, DA, and the courts did nothing. It was only when the daughter had a meeting with the court counselor for other reasons and reported a fistfight she had with her mother on the school grounds during third grade lunch did the court finally ordered a permanent restraining order.
The Ex came by a month later wanting to borrow money while I was welding. Having stopped payment on prior checks, I refused and went back to work. She kicked me in the genitals, leaving me curled up on the ground in agony. I was non-functional for over a week. Because of the restraining order, an arrest warrant was finally issued. The police made no effort to act on the warrant and it was dismissed less than a year later.
When the daughter was around 12, she decided to cut off all ties with her mom & has held steady to that position for over 30 years.
Other than shame in losing custody, the Ex was never penalized for any of her actions. It was never a fair fight at any point.
I had a similar experience with an ex. I find it interesting how the cops or the system will penalize men but will give a slap on the wrist for women. It’s very strange.
they ask for equality but don't actually want it
When did your ex get caught in lies?
I'm so sorry that happened to you not only did it hurt you but it hurt your daughter and I am so sorry to the pair of you. Hopefully you and your daughter know what your ex did is no reflection on either of you.
The fact your ex didn't get charged is sadly to be expected and it shouldn't be but sadly that seems to be the way it goes.
I see that the Police and authorities do not discriminate in failures to prosecute domestic violence.
My legal advice was to file a complaint against an ex partner..
That was dismissed by the court.
Three years post separation and the ex has three overlapping litagations against me.
Including filing 7 criminal allegations in 2022. Five allegations have been dismissed in December 2023 which was a relief as his lawyer had asked for maximum prison sentence which cumulative was 17 years.
It's not over yet.
Narcissistic types will stop at nothing to win at all costs.
You have no idea, the first part of this video had my hair standing up. I am going thru exactly your scenarios/examples which you mentioned. My life has been turned upside down from this complete false allegation.
Me to buddy. My ex and my mom are both using this tactic to bypass their illegal evictions. Won't allow me to get my tools or my truck. Literally trying make me quit my life but all they're doing is hardening my resolve.
Going through the same crap. Lying trying to get full custody of our daughter. Crazy how a woman can go from nice and sweet to completely devilish.
Me to my X of 20 years was planning to take my kids for like 1 year and I keep ignoring the signs we lived in TX for 2 years I bought a house for us that she picked she picked every thing in the house. Every thing was going good till one day I got a call from her saying my dad was going to hurt her and she was not going to live with us so I cut my dad out of our life for her and the kids so we moved back to California and one day she called the police and said I was going to kill her so they arrested me. She put a restraining order on me so I have you been able to go home since I build out of jail the same day I've been staying in the hotel and now she is trying to take the kids from me she is trying to leave me with nothing it's all been a big plan of hers
@@ginnoibarra5695 Disgraceful and clearly trailer park bride and groom who almost universally think that life is the jerry springer show or something,
every single solitary case of this triangulation and splitting and complete and total psychological and emotional violence to a child no one is thinking about the child is a she's the ball in the game of tag or something but it's horrific when people do this and in a case like mine this came right straight out of the blue. I rolled my eyes outloud.
Bro, this very thing happened to me. My life has been destroyed by the mother of my 2nd child. I lost everything and the court awarded her my apartment. It wasn’t hers, and the lease was in my name. I spent thousands of dollars and I am homeless, living at a friends home.
If you’re found guilty of lying or making false allegations on court records in my state, it’s a 3rd degree felony and you can get up to 5 years behind bars.
People it can happen. I'm a living testimony. A $157,000 PPE loan that I received caused my girlfriend to call the police on me and said I threatened her with a knife because I wouldn't buy her a Chanel bag. She too ended up hiring my attorney and recanting. The police literally took her word for it.
Too many cops are sociopath "white knights" who use these allegations as justification to hurt people.
What the f hahahaha I'm so sorry for that man but seriously wtf?
Notice one common similarity, the "victim" always has a family member or friend who works for the court or the government. DONT FORGET THIS.
False DV allegations ruined my life on 14 July 2016 in Sydney Australia...
and the cops will believe anything she says, and the advocates will tell her exactly what to say
False allegations need punished. Too many people get their lives destroyed by this. Who's the real criminal in these cases?
Yes they are I am one of them . I live in my car. lost 2 jobs and got kicked of of a town. Slander ...... but no one cares about my side. We built the roads we drive on we as men fight for the freedoms but yet we get fucked over from hear say
Make sure you have a great lawyer with empathy been down this path 3yrs of he'll good luck to everyone
In family court, my son's mother presented pictures of bruises on her forearm, as evidence that I abused her. On my direct testimony I said, "yes, I gave her those bruises. She was throwing 10 punches at my head and would not stop. I grabbed her arms to make her stop punching me. And we can all see those bruises on her arms are the finger marks from my fingers holding her arms. I am glad she brought this evidence into the case. It proves she was the perpetrator of domestic violence." And I was awarded custody and an order of protection against her. You have to show the judge how to think intelligently about DV, instead of just letting the judge assume the mother must be the victim and the father must be the perpetrator.
Actually, representing yourself is incredibly dangerous. You should hire an attorney and follow their recommendations. If you believe their recommendations are ruinous and not representing you well, then hire a different attorney. The government bearing down on innocent people who generally are not prepared for it is no laughing matter.
What do you mean by, "you have to show the judge how to think intelligently???"
This has ruined my life....and I have suffered.
Really dude I am in Australia had a interim Avo were I had a witness the ex had 4police surrounding her at all court appearances it went to trial costing me 23k and was proven false no penalty given to her the courts annd legal make money on these bs AVOs
Sharia Law is superior over Western Law when it comes to the rules of female testimony...
Corrupt modern first world governments are at war with their native populations.
I understand where your coming from Brother and the same happened to me over in New South Wales...
My ex made false allegations of DV against me in order to gain the advantage in a custody trial... Even though she was the perpetrator of DV in our household. I met with the district attorney in a "Queen for the day" meeting. The DA was assuming this was just another case where the woman was the victim. But I spent 2 hours introducing the DA to something called "reality". the DA dropped the charges a month later.
Please elaborate on "reality? Going through this now.
@@peggymcgrath9773 When I introduced the district attorney to reality, it meant Clearly demonstrating the difference between "the mother's false allegations that I committed violence against her" versus "the reality of our home situation, where the mother was assaulting me and I defended myself."
The district attorney was gullible, just believed the mother's lie, and just assumed the mother must have been a victim. But when I spoke to the district attorney for 2 hours about the actual facts of the mother's first assault against me, assault number 2, assault number 3, and how there were other people involved in our lives who could confirm that. Reality. The district attorney was surprised. The district attorney didn't understand reality. The district attorney was lazy and just assumed that the mother must have been the victim based on no analysis.
But you would only have this meeting with the district attorney in something called Queen for the Day. So look that up for your state, to see if you can do that meeting with your district attorney.
My public attorney said I couldn't meet with the DA! How did you go about it? Please help me 🙏! These false allegations have ruined my life for the time being!
@@pdxtombstonepiledriver5063 Go to Google and search for the terms "Queen for the day" and "proffer agreement". Read up on it. You will probably see the descriptions mostly talk about this in federal cases. But local and state district attorneys can also do one of these agreements. Neither you nor the District attorney are required to do this, so you need mutual agreement to do one of these.
Talk to your public defender about the pros and cons of doing this. Remember it's possible that a public defender might not understand what this is or might be too busy or lazy to make one happen for you with the DA. So if a proffer agreement would be beneficial for you, given your facts, then you have to push the issue and make it happen.
You and your lawyer might want to tell the DA that the chargers are completely false and that they will lose at trial. DA's hate to lose at trial. We told the DA that we wanted to dismiss the charges and have the mother arrested for perjury and filing a false police report. We were adamant. So the DA agreed to do a proffer agreement to hear the actual facts in a private meeting. And then the DA dismissed the charges, after they were told what reality was and that the mother was lying in her police report. This may or may not work for you depending on your circumstance. It worked for me so I share it with people so they have options.
My fear for you is that public defenders have a reputation for being incompetent for lazy or overworked. So a public defender might be more likely to play along with the idea that The Man Must Be Guilty and he should just settle for something instead of going to trial.... Even though the right solution might be to completely dismissed the charges. If you want Justice you have to force it to happen.. Don't expect it to happen naturally.
In dv cases, it's better that 100 innocent men suffer than 1 guilty man go free. We live in a warped system.
Correct. The clowns in family court, police, and the DA'S office don't do any real analysis or put any effort into figuring out the truth. If you are falsely accused, you have to shove reality down their throats in order for them to even begin thinking the allegations might be false.
the potential for injustice is excruciating.
They need to go to jail .. for a very very very long time!!!
Yes, our society and judiciary do tolerate domestic violence, when a woman abuses a man. This must be fixed or the entire system is a SHAM.
This happened to me not long ago I treat her like a queen she even told me I was the first person to accept her for who she is well I did I accepted her for who I THOUGHT she was she did some crazy stuff out of nowhere like poof I was freaked out so I left her cos the situation was bizarre and unnecessary and what does she do? Goes and lies saying I abused her she even turned against her other friends who are also my friends cos they wanted to hear my side of things she turned into a bully I realise now she was a narcissist looking for attention hence the crazy stuff she did but u live and learn and I learned who truly was good and who was bad with this situation
So glad I decided to stay single ( 15 years ago). I've got a dash camera in my vehicle's, security cameras through out my house( with audio and video), body camera works too( best purchase ever).
I wish I was too
Very good information with many details.
Thanks for your efforts. You may save lives.
Oh this is good. Alot of key points 👍
What can i do if i already got bullied around by the biased court system and had no choice but to take a plea deal for a crime i didnt commit or risk severe charges that would affect my rights? Also, she used the claim to get a restraining order to aid in getting custody. I went homeless for a while and my debt exceedes my income yet im still expected to pay child support. Not homeless at the moment but on the verge of going back to that situation
You can try to withdraw your plea, but that will be hard to do. Many judges dont allow that.
It's not right !!!
Great video and youre a great speaker. very informative. I am dealing with this right now
Hi Mr Cody, can you kindly assess my case and advise? My ex girlfriend has been gatekeeping my child from me. I went to children's court and have a court date. However, she now made me sign a protection order stating that I shouldn't come near her and my child. She say's I have access to guns, I abused her etc 😢
Thank god for the comment section. At least I see that I am not alone; I have been so completely heartbroken.
In my case, it was a decade of abuse from my in laws.
It culminated in my wife filing for an OP then divorce because I blocked my mother in law's phone number from calling our landline phone because it rang out loud, and she called it every day for 22 years.
My wife gets pissed at me, I get pissed back and said "stop bothering me about blocking your f ing mother"
Boom, judge orders me out of the house for 1 year.
great explanation of why Plaintiff would lie and could not be trusted w/ allegations.
Thanks for your help and appreciate your advice most appreciated .I have a problem everything in United States but i am in Canada what do you do then everything belongs only in Canada.
Most of the principles outlined in this video--except for any specific speedy trial calculations--will apply to cases in Canada.
What if it wasnt a lie but the cops were called and defended was arrested. Then the prosecutor is exaggerating about what happened and the victim has from the beginning stated that they wanted the charges dropped and they didn’t want to press charges but is continuously ignored . Now the prosecutor wants to charge two felony charges! What does one do?
Bro, this is practically happening to me right now in Saskatchewan, Canada where I live. The lady is brazenly lying. She is biased.
Going through this now with a disgruntled ex. Didn't answer the door for vthe cops
What if the accuser passed away but dismissed the TRO? I was never accused of the allegations but they’re still on my record. How do you get the allegations removed ?
It depends on the state where you are located. You should review your state laws.
My Russian wife made false allegations in order to be not deported from USA and us our yang son for it. When I left New York with my son my wife did not follow us to Moscow in order to save our son from abusive father. No my son is successful lawyer in Moscow. And I am have bad reputation in USA as child abuser. My wife remarried to USA citizen and got American citizenship. My son doesn’t want to go to leave in USA as he is happy in Russia and he doesn’t want to follow my footsteps.
My gf had witness to abuse,neighbors who head and seen a blow to the head,goose knot bump on her head,police records and er records so people who tell the truth have people,paperwork witness to prove it
What should someone do if the alleged victim was proven to be a lier . No DNA evidence on the weapon and none of the witnesses corroborated the alleged victims story and was still convicted by a jury😨
What if the victim uses a old injury to convict the defendant?
The defendant's attorney will need to scrutinize any alleged injury to assess whether the injury is old. Medical experts may be required.
@@codywarnercriminaldefense My ex is falsely accusing me of causing a Rotator cuff tear in her shoulder. She sent me a text message 2 yrs ago where she identifies a tendon called " Latissimus dorsi" , which is ultimately the treatment of her injury. Do I have to hire a medical expert? Or is the text message good enough to win my case?
@@DPage1991 The court will likely require an expert to explain the medical issues.
She showed her church leader the bruises if u have witness your all good
Omg . I am loosing my life because of this .and no one wants to help me . Can anyone help . My ex has bi polar and menapause.
I feel your pain.
I feel your pain.
DCP are claiming dv on my husband because he broke a window. The window was broken because he knocked on the window with his palm
Something need need to be done about this lot of good people are get hurt
alleged victims !, thank you
Bueller.... Bueller.... Bueller...
I sense a lot of pain in the comments. People. Did you know that the Quran deals with domestic violence as well as false allegations of domestic violence? The latter in chapter 12, the story of the prophet Yusuf.
My ex called the cops and told them I had stolen a gun and I was suicidal either to put me on a 5150 hold or have me arrested and when that didn’t work, he put a restraining order on me. His narcissistic buddy is the one that served me at work and he was grinning from ear to ear. It’s crazy.
When the abuser is trying to say I lied all the way about the abuse and tries to say I'm the abuser... this is messed up. It is wrong to say that most of the accusation of domestic violence are false, this is the exact reason why it is so complicated to get us believed. I have battered woman syndrome and still have a hard time to be believe. You are giving abusers some good tools against us. I can't get protection while dealing with PTSD and high cost procedure.
I'm sorry to hear about your situation; domestic violence is unacceptable. I wish you a safe outcome and prosperous future. However, to be clear, my video discusses false allegations, not truthful allegations. Further, I have never said that most accusations of domestic violence are false--I said that many are false, and false criminal charges--when they happen--are oftentimes domestic violence charges. When false allegations occur, innocent people can sit in prison for years--which is also unacceptable.
@@codywarnercriminaldefense many is too much. The vast majority of those accusations, just like the ones about sexual abuses, are truth. Of couse many lawyers believe their client about some false accusations, especially that abusive persons are good liars and good manipulators. It means that "many" women lies. And "many" is way too much. You are putting abused women in a very dangerous position by giving power to good liars.
+Cody Warner, NYC Criminal Defense Attorney
Many thanks for standing up for the victims of false accusations.
@Brown Incel That’s not an excuse to be abusive as a man. Men who beat up women who are mouthy are probably messed up in their thinking that leaving them is bad. If a man can’t stand the mouthiness of a woman, he can just leave her.
@Brown Incel Well, maybe if you quit being so hostile towards women, you might get a date.
I prayed that God protect me from these false allegations.
I represented myself.
The allegations were to make me look bad in the family court.
The district court found I was not a violent man.
I entered that finding to the family court.
I got full custody of my boy.
She said I was an overbearing and domineering parent.
My boy is one ofa national citizen award.
She said I was a dangerous religious fundamentalist.
My boy won a scholarship to one of the best Schools in the country.
I like to argue that the prosecutor office as a whole California Code, Penal Code - PEN § 1424 Notice of a motion to disqualify a district attorney from performing an authorized duty shall be served on the district attorney and the Attorney General at least 10 court days before the motion is heard. this is why reauthorization of the violence against woman act and the prosecutor get a bonus for prosecution men in this matter this why it important to argue the state also has a financial public interest is what allows the State to intervene in certain situations to protect the interests of members of the family. the State is like a silent partner in the family who is not active in the everyday running of the family but becomes active and exercises its power and authority only when necessary to protect some important interests of family life. This is Directed $1 billion in supplemental funding for domestic violence and sexual assault services through the American Rescue Plan (ARP) “The state has a wide range of power for limiting parental freedom and authority in things affecting the child’s welfare… In fact, the entire familial relationship involves the State.”Prince, 321 U.S. at 167, 64 S.Ct. at 442, 88 L.Ed. 645.
The court is prejudice as The primary control and custody of infants is with the government.”tillman v Roberts 108 so 62 The court stands in the position of parens patria[e] of children.“Ayers v. Kelley, 284 Ala. 321, 224 So.2d 673 (1969)․
This is why it is important to challenge the state position in this case do let this cop fool you with his fancy language the state can't prosecute you cause it a conflict of interest