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Victims of False Claims Can Now Fight Back in WV Save Email Print
Posted: 4:19 PM Apr 17, 2008
Last Updated: 5:05 PM Apr 17, 2008
Reporter: Laurabree Austin
Email Address: laurabree.austin@wsaz.com

A | A | A

CHARLESTON, W. Va. (WSAZ) -- Custody battles are difficult on any family, but it's usually the children who are hurt the most. Add on to that stress the fact that sometimes fights are based on a lie. Now in West Virginia, there's a law that will help protect those who are wrongly accused of neglect or abuse.

Parents lobbied at the West Virginia capitol this year for the new law. They held up pictures of children they say they can't see any more because of lies.

"I was falsley accused. The courts err on the side of caution and the children were temporarily in grandparents custody," Teresa Lowe told WSAZ. "Twenty months later I get to see only one of my children 2 hours every other week at a monitored visit as if i'm a criminal."

Tim Fittro heads up the group "Men Against Discrimination" says now there are finally some laws on their side.

"This has been a monumental effort. A grassroots effort of volunteers across the state that recognize an ongoing problem that's not been addressed in a meaningful way; that when a person make a false accusation there's virtually no consequences," Tim Fittro said.

Now with West Virginia Governor Joe Manchin's signature, those falsely accused can fight back.

"It has a specific criminal penalty but additionally it has the civil penalty. So if the prosecutor at their discretion does not move forward on the criminal side, there's still civil remedies to help discourage these types of accusations," Fittro said.

The hope is that people might be less inclined to throw out false accusations, without thinking of the consequences.

Penalties include up to a $1000 fine, 60 hours of community service and a mandatory parenting education class.

[ Copyright 2008 – WSAZ.com. All Rights Reserved. ]
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Posted by: Christina on Jun 9, 2008 at 04:09 PM
My husband's ex-wife has filed two false DVP's aganist him just to get their son becasue she was in town at the time. One two years ago this month and one a little before that. Both times she went to court and dropped it and gave there son right back to him so she could leave the state again. And just today she is saying that she is giong to do it again so she can get their son who she has not seen in over a yaer and who she does not even have any rights to at this time. SO this is a good thing for us because if she does it again my husband will be taking legal action this time.

Posted by: Tom M on May 26, 2008 at 09:29 PM
What a joke. The penalties for false allegations should be identical for the crime they falsely accuse. this isn't much of a deterrent. No wonder false allegations are the rule and not the exception.

Posted by: Mike on May 15, 2008 at 11:30 PM
False claims of domestic violence is in fact domestic violence. In family law there are all too many lawyers and women center advocates who tell women to make fale claims in order to get the children. Laywer continue to allow their client or encourage them to make claim after claim , even when they are proven to be false. The is a simple commandment of God and it goes like this " Thou shall not bear false wittness aginst another" Where did we loose sights here. This needs to be a federal law and stiffer penalities for the lawyers as well. false claims of abuse destroys families. End the destruction...lock up a lawyer snd see how quickly fals claims stop.

Posted by: Alene on Apr 28, 2008 at 04:03 PM
I was originally against this bill because there was already one in place that provided for penalties, etc. But, the good news is that statistically, more abusers (97% of whom are men) make false accusations so there are those of us who will make sure to use this law to it's full effect. Be careful what you ask for!!

Posted by: Anonymous on Apr 25, 2008 at 03:03 PM
way to go mawadwv.org finally a law that helps not only children, but mothers , fathers who dont get to see thier children due to false accusation,and when one parent whom can afford a lawyer has to pay for this, when that money and time in court could have been avoided over a false accusation made by either parent and thanks to the Governor Joe Manchin

Posted by: A Mom on Apr 18, 2008 at 05:07 PM
I have been falsely accused in the past. I had someone accuse me of locking my kids in their rooms and leaving for an extended period of time. Hmmmmmm... my kids rooms don't even have locks on them!! Fortunately for me, the CPS worker saw that and never opened the case. My kids were with me when ever I went anywhere. Unfortunately, I had no recourse because of the laws at the time. Hopefully, with this new law, someone else won't have to go through what I went through. It is humiliating to have CPS at your door when you strive to be the best Mom and then some, come in and accuse you of a crime you never committed. I don't understand why anyone would harm a child, but I do know that there are those who do, and there needs to be laws to protect the children. However, the good parents also need protection, too.

Posted by: kim on Apr 18, 2008 at 12:25 PM
How will this affect children who make accusations against adults and then rescind? This happens all the time, even when the accusations are true. I don't think the unforseen consequences of this law were examined thoroughly. Lots of abuse cannot be "proven." If an abusive spouse holds a gun to the other's head and the victim makes an accusation that the perpetrator denies. Then what? What is the process for proving an accusation to be "false?" It seems like a loophole for abusive parents and spouses to weasel righ through.

Posted by: Anonymous on Apr 17, 2008 at 10:51 PM
to sad ky won't put a stop to this , i have a friend now that is without one of her children and the child is with the abusive father , but in ky , money talks , the heck with the child or the truth

Posted by: Hope on Apr 17, 2008 at 07:44 PM
This is very concerning. Yes, there are false accusations and I fear many do come in custody disputes between the biological parents or other relatives. However, this is a law that will bring much hardship to professionals who are required to report suspected abuse or neglect. Are they going to be immune? If not that is truly double-binding as another statute requires them to report and failure to so is considered criminal. I am anxious to read the full law. I hope that it does not lead to children being abused because someone feared that there would be no corroboration to the accusations and thus the reporter could be seen as filing a false report.

Posted by: mika on Apr 17, 2008 at 06:39 PM
This is exactly what I'm going through right now! I told my mother that I was transferring with my job out of state and she went to family court, got a DVP and temporary custody. All the allegations she could not prove. The judge dropped the DVP but left temp. custody until CPS finished their investigation. All I get is 2 hours a week to visit my children! This is the 5th time she has done this. When is family court going to put a stop to the people who abuse the system? It only hurts the kids...and in the long run the children will see how vengeful people truly be.

Posted by: dave on Apr 17, 2008 at 05:22 PM
good for wv its about time. i hope this will not only apply to couples. it should apply to any report. i had a day care that my wife worked for that fired her cause she refused to help them cheat on books. then they called cps the next day and said we beat our kids and did stuff to my little girl. wouldnt you know they were friends with caseworker. it took almost a year and a half too get them out of our lives. all that happened to day care was they shut there bussiness down. i feel that was not enoff.

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