False Allegations of Domestic Violence Awareness
Over 1,700 research studies conclude that men and women engage in partner aggression at similar rates. Yet some groups ignore the problem of mutual abuse, minimize female-initiated aggression, and claim that DV is an expression of patriarchal power.
“Groups that distort the truth are keeping us from ending the cycle of violence.” — S. Hutter, SAVE --
Battered Men - The Hidden Side of Domestic Violence
Latest Research Findings
Research Findings on Intimate Partner Violence Against Men
© 2012 by Bert H. Hoff, J.D. *
Adjunct Faculty, University of Phoenix School of Criminal Justice and Security
May be cited as: Hoff, B. H. (2012), Research Findings on Intimate Partner Violence Against Men. MenWeb on-line Journal (ISSN: 1095-5240 http://www.batteredmen.com/ResearchGraphs.htm)
This article is available in PowerPoint (497 KB) format.
SUMMARY: According to a 2010 national survey by the Centers for Disease Control and Department of Justice (NISVS), in the last 12 months more men than women were victims of intimate partner physical violence and over 40% of severe physical violence was directed at men. Men were also more often the victim of psychological aggression and control over sexual or reproductive health. Despite this, few services are available to male victims of intimate partner violence.
Here are some of the graphs from two articles I am working on, "The National Intimate Partner and Sexual Violence Survey and the Perils of Advocacy Research" (publication pending in the Journal of Aggression, Conflict and Peace Research) and "National Intimate Partner and Sexual Violence Survey and the Perils of Advocacy Research" Here is a PowerPoint slide show with the complete set of graphics.
Click here to download a PowerPoint slide show presentation of these graphics
Feel free to use it, for friends and family, domestic viiolence people, policy-makers, legislators, other government officials, or whomever! I hope it's useful.
More men than women were victims of intimate partner physical violence within the past year, according to a national study funded by the Centers for Disease Control and U.S. Department of Justice. According to the National Intimate Partner and Sexual Violence Survey (hereinafter NISVS) released in December, 2011, within the last 12 months an estimated 5,365,000 men and 4,741,000 women were victims of intimate partner physical violence. (Black, M.C. et al., 2011, Tables 4.1 and 4.2)
There is a significant difference between the NVAWS and NISVS surveys, in the number of victims of physical violence (4,741,000 vs. 1,300,000 women and 5,365,000 vs. 835,000 men), for which I have no explanation. In the 2001 NVAWS survey, some 38% of the victims of intimate physical violence were men, but in the 2011 NISVS survey 53% were men. This is consistent with earlier studies showing that between 1975 and 1992 (Straus and Gelles, 1988, Straus, 1995), between 1998 and 2005 (Catalano , 2005) and between 2009 and 2010 (Truman, 2011, Table 6) violence against women dropped but violence against males stayed steady. (As a point of reference, Statistics Canada (2006, 2011) reports that 45.5% of the victims of present or former spousal violence were men. The 2010 National Crime Victimization Survey (Truman, 2011, Table 5) shows only 407,700 female and 101,530 male victims of intimate partner violence: for women that's less than a tenth of the victims reported in NISVS.)
The NISVS 2011 survey reports that in the last 12 months, 41.7% of the victims of severe physical violence were men. (Tables 4.7 and 4.8) Of the 4,741,000 female victims of violence, two-thirds (3,163,000 or 66.7%) were subjected to severe physical violence. (Table 4.7) For men, over 4 out of 10 (2,266,000 or 42.3%) were subjected to severe physical violence. The number of men is smaller, but that is still 2.26 million men.
This graph from Psychiatric News shows that about half IPV is mutual, and in the other half it is the female who most often initiates violence. This is consistent with over 1,000 peer-reviewed studies (seee Archer, 2000, Fiebert, 2011) which show that women initiate violence as often as men.
Psychological aggression, control of reproductive or sexual health
NISVS included data on other forms of aggression, but for rape and stalking it included stranger-to-stranger victimization. Here are the data for forms of aggression which did not also include stranger-to-stranger violence. More men than women were victims in all three measures of intimate partner violence where the data did not also include stranger-to-stranger violence (rape and stalking).
What is more violent, brandishing a knife at your spouse in the heat of an argument, refusing to wear a condom, or calling your spouse fat or stupid? NISVS did not ask about knife-wielding, but did ask about condoms and name-calling. Men were more often the victims of both psychological aggression ("expressive aggression" and "coercive control") and control of reproductive or sexual health.
Name-calling is one of the forms of "expressive aggression," which includes acting angry in a way that seemed dangerous, name-calling and insulting remarks. The other category of "psychological aggression" is "coercive control," such as restricting access to friends or relatives and having to account for all your time. In the last 12 months, 20,548,000 men (18.1%) and 16,578,000 (13.9%) women were subjected to psychological aggression. For women, this was split fairly evenly between expressive aggression and coercive control, while for men, 15.2% were subjected to coercive control and 9.3% to expressive aggression. The main forms of expressive aggression against women were insults (64.3%) and name-calling (58.0%). For men the top items were being called names (51.6%) and being told they were losers (42.4%)
NISVS did not present detailed data on control of reproductive or sexual health. It summarized that "Approximately 10.4% (or an estimated 11.7 million) of men in the United States reported ever having an intimate partner who tried to get pregnant when they did not want to or tried to stop them from using birth control." (p. 48). "Approximately 8.6% (or an estimated 10.3 million) of women in the United States reported ever having an intimate partner who tried to get them pregnant when they did not want to." P. 48)
What services are available for men?
Studies show that men are less likely than women to seek help, and those that do have to overcome internal and external hurdles. (Galdas et al., 2005)(Cook 2009)
The Administration for Children and Families, HHS, which funds domestic violence programs, stated in its 2010 Report to Congress that 976 men were sheltered in FY 2005, and 1,049 in FY 2008. The comparable figures for women were 154,430 and 150,098.
Ascione (2000, p. 6) in Safe Havens for Pets: Guidelines for Programs Sheltering Pets for Women who are Battered has identified 118 programs for pets in domestic violence situations. He surveyed 41 of these. Twelve of these reported sheltering a total of 161,304 animals each year (mean=13,442 each), with five each sheltering more than 10,000 animals. There are few shelters for men, and in FY 2008 only 1,095 men received shelter services (U.S. Administration for Children and Families, 2010, p. 10)
Douglas and Hines looked at the helpseeking behavior of male victims who volunteered for their survey. They reported (p. 7) that a large proportion of those who sought help from DV agencies (49.9%), DV hotlines (63.9%), or online resources (42.9%) were told, “We only help women.” Of the 132 men who sought help from a DV agency, 44.1% (n=86) said that this resource was nzot at all helpful; further, 95.3% of those men (n=81) said that they were given the impression that the agency was biased against men. Some of the men were accused of being the batterer in the relationship: This happened to men seeking help from DV agencies (40.2%), DV hotlines (32.2%) and online resources (18.9%). Over 25% of those using an online resource reported that they were referred to a batterer’s program. Some 16.4% of the men who contacted a hotline reported that the staff made fun them, as did 15.2% of the men who contacted local DV agencies.(p. 7) When men called the police, they arrested the man as often as the violent partner (33.3% vs. 26.5%) (p. 8)
References
Arehart-Treichel, J, (2007). "Men Shouldn't be overlooked as victims of partner violence" Psychiatric News August 03, 2007 42:15, page 31-33
Ascione, F.R. (2000). Safe Havens for Pets: Guidelines for Programs Sheltering Pets for Women who are Battered. Logan, Ut: Utah State University. (Sponsored by the Geraldine R. Dodge Foundation)
Black, M.C., Basile, K.C., Breiding, M.J., Smith, S.G., Walters, M.L., Merrick, M.T., Chen, J., & Stevens, M.R. (2011). The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention.
Fiebert, M. S. and Gonzalez, D. M. (1997) "College women who initiate assaults on their male partners and the reasons offered for such behavior." Psychological Reports, 1997, 80, 583-90
Hoff, B. (2011). "U.S. national survey: More men than women victims of intimate partner violence, psychological aggression " Journal of Aggression, Conflict and Peace Research. Vol. xx, Iss. Xx, pp. xx-xxx (publication pending, July 2012)
Lyon, E., Bradshaw, J. and Menard, A. ().Meeting survivors' needs through non-residential domestic services and supports: Results of a multistate survey. Key Findings and Frequently Asked Questions. Washington, DC: National Institute of Justice. p. 4. (National Institute of Justice Grant # 2009-?IJ-?CX-?0027)
Saltzman LE, Fanslow JL, McMahon PM, Shelley GA. Intimate Partner Violence Surveillance: Uniform definitions and recommended data elements, Version 1.0. Atlanta (GA): National Center for Injury Prevention and Control, Centers for Disease Control and Prevention; 1999. This is the most current version of this document, as of January 19, 2011.
Tjaden, P. G., & Thoennes, N. (2000). Full Report of Prevalence, Incidence and Consequences of Violence Against Women: Findings from the National Violence Against Women Survey. U.S. Department of Justice, National Institute of Justice & Centers for Disease Control and Prevention Research Report, Nov. 2000. NCJ 183781
Truman, J.S., (2011). National Crime Victimization Survey: Criminal Victimization, 2010. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. NCJ 235508
U.S. Administration for Children and Families (2010, March 30). Report to Congress FY 2007-2008: Family Violence Prevention and Services Program
Whitaker DJ, Haileyesus, T, Swahn, MH, Salztman, L (2007). Differences in frequency of violence and reported injury between relationships with reciprocal and nonreciprocal intimate partner violence. American Journal of Public Health, 97, 941-947.
Woods v. Horton (2008), 167 Cal.App.4th 658 CA Ct. of Appeal 3rd Dist. 08 C.D.O.S. 13247 "We find the gender-based classifications in the challenged statutes that provide programs for victims of domestic violence violate equal protection. We find male victims of domestic violence are similarly situated to female victims for purposes of the statutory programs and no compelling state interest justifies the gender classification. We reform the affected statutes by invalidating the exemption of males and extending the statutory benefits to men, whom the Legislature improperly excluded." See Men & Women Against Discrimination v. The Family Protection Services Bd., Kanawa County (VWA) Circuit Court, Civil Cause No. 08-C-1056. Decision filed Oct. 2, 2009.
PowerPoint slide show: Research Findings on Intimate Partner Violence against Men, by Bert H. Hoff, J.D.
HTML version
Gordon Smith, False Allegation Victim | False Allegations Summit from teri stoddard on Vimeo.
The False Allegations Summit features a series of presentations that highlight the issue of false allegations of abuse. The Summit was sponsored by Stop Abusive and Violent Environments and was held at the Fairfax Hotel in Washington DC on June 2, 2011. This video includes Gordon Smith who describes the unjust and devastating experience of multiple false arrests.
Over 1,700 research studies conclude that men and women engage in partner aggression at similar rates. Yet some groups ignore the problem of mutual abuse, minimize female-initiated aggression, and claim that DV is an expression of patriarchal power.
“Groups that distort the truth are keeping us from ending the cycle of violence.” — S. Hutter, SAVE --
Battered Men - The Hidden Side of Domestic Violence
Latest Research Findings
Research Findings on Intimate Partner Violence Against Men
© 2012 by Bert H. Hoff, J.D. *
Adjunct Faculty, University of Phoenix School of Criminal Justice and Security
May be cited as: Hoff, B. H. (2012), Research Findings on Intimate Partner Violence Against Men. MenWeb on-line Journal (ISSN: 1095-5240 http://www.batteredmen.com/ResearchGraphs.htm)
This article is available in PowerPoint (497 KB) format.
Adjunct Faculty, University of Phoenix School of Criminal Justice and Security
May be cited as: Hoff, B. H. (2012), Research Findings on Intimate Partner Violence Against Men. MenWeb on-line Journal (ISSN: 1095-5240 http://www.batteredmen.com/ResearchGraphs.htm)
This article is available in PowerPoint (497 KB) format.
Here are some of the graphs from two articles I am working on, "The National Intimate Partner and Sexual Violence Survey and the Perils of Advocacy Research" (publication pending in the Journal of Aggression, Conflict and Peace Research) and "National Intimate Partner and Sexual Violence Survey and the Perils of Advocacy Research" Here is a PowerPoint slide show with the complete set of graphics.
Click here to download a PowerPoint slide show presentation of these graphics
Feel free to use it, for friends and family, domestic viiolence people, policy-makers, legislators, other government officials, or whomever! I hope it's useful.
|
 More men than women were victims of intimate partner physical violence within the past year, according to a national study funded by the Centers for Disease Control and U.S. Department of Justice. According to the National Intimate Partner and Sexual Violence Survey (hereinafter NISVS) released in December, 2011, within the last 12 months an estimated 5,365,000 men and 4,741,000 women were victims of intimate partner physical violence. (Black, M.C. et al., 2011, Tables 4.1 and 4.2) |
 There is a significant difference between the NVAWS and NISVS surveys, in the number of victims of physical violence (4,741,000 vs. 1,300,000 women and 5,365,000 vs. 835,000 men), for which I have no explanation. In the 2001 NVAWS survey, some 38% of the victims of intimate physical violence were men, but in the 2011 NISVS survey 53% were men. This is consistent with earlier studies showing that between 1975 and 1992 (Straus and Gelles, 1988, Straus, 1995), between 1998 and 2005 (Catalano , 2005) and between 2009 and 2010 (Truman, 2011, Table 6) violence against women dropped but violence against males stayed steady. (As a point of reference, Statistics Canada (2006, 2011) reports that 45.5% of the victims of present or former spousal violence were men. The 2010 National Crime Victimization Survey (Truman, 2011, Table 5) shows only 407,700 female and 101,530 male victims of intimate partner violence: for women that's less than a tenth of the victims reported in NISVS.) |
 The NISVS 2011 survey reports that in the last 12 months, 41.7% of the victims of severe physical violence were men. (Tables 4.7 and 4.8) Of the 4,741,000 female victims of violence, two-thirds (3,163,000 or 66.7%) were subjected to severe physical violence. (Table 4.7) For men, over 4 out of 10 (2,266,000 or 42.3%) were subjected to severe physical violence. The number of men is smaller, but that is still 2.26 million men. |
 This graph from Psychiatric News shows that about half IPV is mutual, and in the other half it is the female who most often initiates violence. This is consistent with over 1,000 peer-reviewed studies (seee Archer, 2000, Fiebert, 2011) which show that women initiate violence as often as men. |
Psychological aggression, control of reproductive or sexual health
| NISVS included data on other forms of aggression, but for rape and stalking it included stranger-to-stranger victimization. Here are the data for forms of aggression which did not also include stranger-to-stranger violence. More men than women were victims in all three measures of intimate partner violence where the data did not also include stranger-to-stranger violence (rape and stalking). |
What is more violent, brandishing a knife at your spouse in the heat of an argument, refusing to wear a condom, or calling your spouse fat or stupid? NISVS did not ask about knife-wielding, but did ask about condoms and name-calling. Men were more often the victims of both psychological aggression ("expressive aggression" and "coercive control") and control of reproductive or sexual health. Name-calling is one of the forms of "expressive aggression," which includes acting angry in a way that seemed dangerous, name-calling and insulting remarks. The other category of "psychological aggression" is "coercive control," such as restricting access to friends or relatives and having to account for all your time. In the last 12 months, 20,548,000 men (18.1%) and 16,578,000 (13.9%) women were subjected to psychological aggression. For women, this was split fairly evenly between expressive aggression and coercive control, while for men, 15.2% were subjected to coercive control and 9.3% to expressive aggression. The main forms of expressive aggression against women were insults (64.3%) and name-calling (58.0%). For men the top items were being called names (51.6%) and being told they were losers (42.4%) |
 NISVS did not present detailed data on control of reproductive or sexual health. It summarized that "Approximately 10.4% (or an estimated 11.7 million) of men in the United States reported ever having an intimate partner who tried to get pregnant when they did not want to or tried to stop them from using birth control." (p. 48). "Approximately 8.6% (or an estimated 10.3 million) of women in the United States reported ever having an intimate partner who tried to get them pregnant when they did not want to." P. 48) |
What services are available for men?
Studies show that men are less likely than women to seek help, and those that do have to overcome internal and external hurdles. (Galdas et al., 2005)(Cook 2009)
The Administration for Children and Families, HHS, which funds domestic violence programs, stated in its 2010 Report to Congress that 976 men were sheltered in FY 2005, and 1,049 in FY 2008. The comparable figures for women were 154,430 and 150,098. |
| Ascione (2000, p. 6) in Safe Havens for Pets: Guidelines for Programs Sheltering Pets for Women who are Battered has identified 118 programs for pets in domestic violence situations. He surveyed 41 of these. Twelve of these reported sheltering a total of 161,304 animals each year (mean=13,442 each), with five each sheltering more than 10,000 animals. There are few shelters for men, and in FY 2008 only 1,095 men received shelter services (U.S. Administration for Children and Families, 2010, p. 10) |
Douglas and Hines looked at the helpseeking behavior of male victims who volunteered for their survey. They reported (p. 7) that a large proportion of those who sought help from DV agencies (49.9%), DV hotlines (63.9%), or online resources (42.9%) were told, “We only help women.” Of the 132 men who sought help from a DV agency, 44.1% (n=86) said that this resource was nzot at all helpful; further, 95.3% of those men (n=81) said that they were given the impression that the agency was biased against men. Some of the men were accused of being the batterer in the relationship: This happened to men seeking help from DV agencies (40.2%), DV hotlines (32.2%) and online resources (18.9%). Over 25% of those using an online resource reported that they were referred to a batterer’s program. Some 16.4% of the men who contacted a hotline reported that the staff made fun them, as did 15.2% of the men who contacted local DV agencies.(p. 7) When men called the police, they arrested the man as often as the violent partner (33.3% vs. 26.5%) (p. 8) |
References
Arehart-Treichel, J, (2007). "Men Shouldn't be overlooked as victims of partner violence" Psychiatric News August 03, 2007 42:15, page 31-33
Ascione, F.R. (2000). Safe Havens for Pets: Guidelines for Programs Sheltering Pets for Women who are Battered. Logan, Ut: Utah State University. (Sponsored by the Geraldine R. Dodge Foundation)
Black, M.C., Basile, K.C., Breiding, M.J., Smith, S.G., Walters, M.L., Merrick, M.T., Chen, J., & Stevens, M.R. (2011). The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention.
Fiebert, M. S. and Gonzalez, D. M. (1997) "College women who initiate assaults on their male partners and the reasons offered for such behavior." Psychological Reports, 1997, 80, 583-90
Hoff, B. (2011). "U.S. national survey: More men than women victims of intimate partner violence, psychological aggression " Journal of Aggression, Conflict and Peace Research. Vol. xx, Iss. Xx, pp. xx-xxx (publication pending, July 2012)
Lyon, E., Bradshaw, J. and Menard, A. ().Meeting survivors' needs through non-residential domestic services and supports: Results of a multistate survey. Key Findings and Frequently Asked Questions. Washington, DC: National Institute of Justice. p. 4. (National Institute of Justice Grant # 2009-?IJ-?CX-?0027)
Saltzman LE, Fanslow JL, McMahon PM, Shelley GA. Intimate Partner Violence Surveillance: Uniform definitions and recommended data elements, Version 1.0. Atlanta (GA): National Center for Injury Prevention and Control, Centers for Disease Control and Prevention; 1999. This is the most current version of this document, as of January 19, 2011.
Tjaden, P. G., & Thoennes, N. (2000). Full Report of Prevalence, Incidence and Consequences of Violence Against Women: Findings from the National Violence Against Women Survey. U.S. Department of Justice, National Institute of Justice & Centers for Disease Control and Prevention Research Report, Nov. 2000. NCJ 183781
Truman, J.S., (2011). National Crime Victimization Survey: Criminal Victimization, 2010. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. NCJ 235508
U.S. Administration for Children and Families (2010, March 30). Report to Congress FY 2007-2008: Family Violence Prevention and Services Program
Whitaker DJ, Haileyesus, T, Swahn, MH, Salztman, L (2007). Differences in frequency of violence and reported injury between relationships with reciprocal and nonreciprocal intimate partner violence. American Journal of Public Health, 97, 941-947.
Woods v. Horton (2008), 167 Cal.App.4th 658 CA Ct. of Appeal 3rd Dist. 08 C.D.O.S. 13247 "We find the gender-based classifications in the challenged statutes that provide programs for victims of domestic violence violate equal protection. We find male victims of domestic violence are similarly situated to female victims for purposes of the statutory programs and no compelling state interest justifies the gender classification. We reform the affected statutes by invalidating the exemption of males and extending the statutory benefits to men, whom the Legislature improperly excluded." See Men & Women Against Discrimination v. The Family Protection Services Bd., Kanawa County (VWA) Circuit Court, Civil Cause No. 08-C-1056. Decision filed Oct. 2, 2009.
PowerPoint slide show: Research Findings on Intimate Partner Violence against Men, by Bert H. Hoff, J.D.
HTML version
Gordon Smith, False Allegation Victim | False Allegations Summit from teri stoddard on Vimeo.
The False Allegations Summit features a series of presentations that highlight the issue of false allegations of abuse. The Summit was sponsored by Stop Abusive and Violent Environments and was held at the Fairfax Hotel in Washington DC on June 2, 2011. This video includes Gordon Smith who describes the unjust and devastating experience of multiple false arrests.
Gordon Smith, False Allegation Victim | False Allegations Summit from teri stoddard on Vimeo.
The False Allegations Summit features a series of presentations that highlight the issue of false allegations of abuse. The Summit was sponsored by Stop Abusive and Violent Environments and was held at the Fairfax Hotel in Washington DC on June 2, 2011. This video includes Gordon Smith who describes the unjust and devastating experience of multiple false arrests.
We have only heard half the story about domestic violence and that half is the female victims and male perpetrators. But there is another side to this story. The male victims and female perpetrators. Somehow that side of the story simply doesn't get told. This short video touches on these issues and opens up the reality of the male side of domestic violence.
-- RESOURCES FROM THE VIDEO
- NISVS
Legal Nightmare Documented
What would your life look like if you were engaged in protracted family law litigation requiring more than fifty court appearances before 28 different Judges and Masters of the Court, over a period of 15 years?
"Hell on earth" would be an apt description for Laura Koch and Graham Underhill, the divorced parents of two children who have used the British Columbia Supreme Court as their public battleground since 1997. ~~ Read more… 372 more words
Children's Rights: Zero Tolerance for False Allegations
STOP False Accusations STOP Domestic Violence Stop false allegations of Domestic Violence Accused falsely SAVE for Falsely Accused
Investigative reporter Tom Lemons reveals the truth behind orders of protection and batterer’s intervention programs.
You’ll be shocked to hear what really happens behind the scenes and how current domestic violence laws seem to cause more harm that good.
Related articles
HOW DID CHILDREN OF DIVORCE GET STUCK WITH THE VISITATION PLAN THAT AFFORDS THEM ACCESS TO THEIR NON-RESIDENTIAL PARENT ONLY ONE NIGHT DURING THE WEEK AND EVERY OTHER WEEK-END?
ReplyDeleteWhat is the research that supports such a schedule? Where is the data that confirms that such a plan is in the best interest of the child?
Well, reader, you can spend your time from now until eternity researching the literature, and YOU WILL NOT DISCOVER ANY SUPPORTING DATA for the typical visitation arrangement with the non-residential parent! The reality is that this arrangement is based solely on custom. And just like the short story, "The Lottery," in which the prizewinner is stoned to death, the message is that deeds and judgments are frequently arrived at based on nothing more than habit, fantasy, prejudice, and yes, on "junk science."
This family therapist upholds the importance of both parents playing an active and substantial role in their children's lives----especially in situations when the parents are apart. In order to support the goal for each parent to provide a meaningfully and considerable involvement in the lives of their children, I affirm that the resolution to custody requires an arrangement for joint legal custody and physical custody that maximizes the time with the non-residential----with the optimal arrangement being 50-50, whenever practical. It is my professional opinion that the customary visitation arrangement for non-residential parents to visit every other weekend and one night during the week is not sufficient to maintain a consequential relationship with their children. Although I have heard matrimonial attorneys, children's attorneys, and judges assert that the child needs the consistency of the same residence, I deem this assumption to be nonsense. I cannot be convinced that the consistency with one's bed trumps consistency with a parent!
Should the reader question how such an arrangement can be judiciously implemented which maximizes the child's time---even in a 50-50 arrangement----with the non-residential parent, I direct the reader to the book, Mom's House, Dads House, by the Isolina Ricci, PhD.
Indeed, the research that we do have supports the serious consequences to children when the father, who is generally the non-residential parent, does not play a meaningful role in lives of his children. The book, Fatherneed, (2000) by Dr. Kyle Pruitt, summarizes the research at Yale University about the importance of fathers to their children. And another post on this page summarizes an extensive list of other research.
Children of divorce or separation of their parents previously had each parent 100% of the time and obviously cannot have the same arrangement subsequent to their parents' separation. But it makes no sense to this family therapist that the result of parental separation is that the child is accorded only 20% time with one parent and 80% with the other. What rational person could possibly justify this?
PRO SE RIGHTS:
ReplyDeleteBrotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425 ~ Litigants can be assisted by unlicensed laymen during judicial proceedings.
Conley v. Gibson, 355 U.S. 41 at 48 (1957) ~ "Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.
Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449 ~ "The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."
Elmore v. McCammon (1986) 640 F. Supp. 905 ~ "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."
Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend" ~ A next friend is a person who represents someone who is unable to tend to his or her own interest.
Haines v. Kerner, 404 U.S. 519 (1972) ~ "Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."
Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233 ~ Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.
Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938) ~ "Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment."
NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969) ~ Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."
Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals ~ The plaintiff's civil rights pleading was 150 pages and described by a federal judge as "inept". Nevertheless, it was held "Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff's Pleadings without regard to technicalities."
Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA) ~ It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson (see case listed above, Pro Se Rights Section).
Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982) ~ "Due to sloth, inattention or desire to seize tactical advantage, lawyers have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law."
Sherar v. Cullen, 481 F. 2d 946 (1973) ~ "There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights."
Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. ~ "The practice of law cannot be licensed by any state/State."
Sims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."