Hello everyone,
I am confident this letter arrives to you as you are still struggling to ensure that that the assault on families is eliminated. I do have a glimmer of hope to share with you and entrust that it may provide some solace to you at this time.
I recently testified to the Indiana Child Support and Custody Advisory Committee for the General Assembly on the topic Addressing Domestic Violence and Child Custody Decisions following hearing of the agenda items.
Agenda:
http://www.in.gov/legislative/interim/committee/notices/CCSABAF.pdf
I distributed written materials to the Committee members.
http://www.boonecountyfathers.org/images/Addressing_Domestic_Violen...
see also attached files
After brief opening remarks I had about a ten minute dialogue with the Committee members. There was unanimous agreement that false allegations of Domestic Violence are being used as a strategy and tool in obtaining child custody in divorces.
The members expressed support for amending the Indiana Code to ensure that children are no longer deprived of access to a parent based upon a false allegation of Domestic Violence. Upon conclusion the Chair asked that I continue to pursue this matter and provide additional materials and recommendations to the Committee.
As many of us have been on the receiving end of Domestic Violence or the false allegation of having committed it I would like to hear your anecdotal experiences and what your recommendations would be. Specifically, I am looking for the following information;
1) If you been a party to a Petition for a Domestic Violence Protective Order and are you willing to provide more information on a downloadable questionnaire that may be returned anonymously please reply and I will forward the link.
2) Please give your thoughts about the accused being ordered out of a home or jailed until a hearing to determine the validity of the accusation or the option of the accuser seeking shelter outside of the home.
3) Please express your feelings on the ease of obtaining an Order of Protection?
4) Please discuss what you feel the level of proof should be to get an Order of Protection?
5) Please discuss what you feel is an “act of violence“, like “having thoughts” about a person which currently is by statute.
6) Please discuss the effect of those who make false allegations on the believability of those who are actual victims.
7) Please discuss your recommendations to ensure that Domestic Violence Protective Orders would still be put in place as needed but that the due process rights of the children and accused are ensured.
Another note of good news is that the Committee voted to recommend presumptive Joint Legal Custody legislation. We have received pledges of support from most of the legislators that we have spoken with. Any Indiana resident who would also like to help push this legislation through please visit IndianaSharedParenting.Org
We will continue to work toward passage of our bill to require judges to presume both parents are equally entitled to due process under the law.
Thank you for your help.
Stuart Showalter