This section deals with the options available for those who claim they are falsely accused or even convicted of domestic violence, after being "set up" by their spouse.
Countering Protection Order Based on Lies
Countering Protection Order Based on Lies
Question :
My wife has applied for an order from the court keeping me out of the family home. It's all based on lies. What can I do ?
Answer:
You should file an affidavit objecting to the application. You should try and counter the accusations made against you in your wife's affidavit, and include facts and information to support your version of events. A hearing is likely to be set in court in front of the parties, and at this, you should try and discredit your wife's version, via cross-examination. You will also have to withstand cross-examination by his wife/her lawyer, and should also have the opportunity to prove your case by giving testimony yourself about your version of events, and bringing supporting evidence .
Turning Wheel Back – Complaint to Police
Turning Wheel Back – Complaint to Police
Question :
I complained to the police that my husband was violent. Charges have now been brought against him. I want to take back my complaint. Can I do so ?
Answer:
Yes, however, after you complained, and the matter is handed over to the police to investigate, and charges have been brought, it is no longer in your hands, but in those of the state prosecutor . You can make a written request to the latter not to press the matter, or even turn to the Attorney General. In short, you are entitled to try and prevent your original complaint being translated into action against your husband, but there is no guarantee that this will succeed. The state is the prosecutor in a criminal action, and there is no guarantee that your mercy will help, with much depending on the severity of the complaint and charge.
Framed Husband 's Legal Revenge & Deterrent
Framed Husband 's Legal Revenge & Deterrent
Question:
I am in the process of divorcing my wife. She has complained to the police about me being violent – although the complaints are completely false and faked. I have been arrested and protection orders made against me. Is there anything I can do to stop her from carrying on with all this ?
Answer:
Yes. Although you cannot take away her right to complain against you to the police, you can restrict this by using sanctions against her negative behaviour. The Prevention of Violence Within The Family Act of 1991 includes a mechanism for compensating someone who has *been arrested/held in custody falsely or * had protection orders falsely made against him without a real reason. Someone who applies and gains a protection order without justification , spitefully or frivolously, is likely to find him/herself liable for costs, both to the victim and the state, and for generous financial compensation to the victim. Using this mechanism /these sanctions could prevent this kind of bad-faith behaviour by acting as a deterrent.
Wife Compensates Husband For Protection Order Hoax
Wife Compensates Husband For Protection Order Hoax
Question:
Can a husband whose wife misleads the court into granting a protection order get compensation ?
Answer:
Yes. In September 2004 Kfar Saba family court ordered a wife to pay her husband 5,000 shekels compensation for falsely filing for a protection order , claiming that she was a victim of his physical violence , including rape. An ex-parte order was granted banning the husband from entering the family home. At the hearing before both sides the court realized that the wife had brought the proceedings in bad faith. It cancelled the protection order, and ordered the wife to also pay the state 2,500 shekels.
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