Decision Rendered in Major West Virginia Domestic Violence Lawsuit
Written by Mike McCormick ACFC Exec. Dir.
Many readers have experienced the problem of false allegations of abuse in the context of divorce and custody proceedings. Today in West Virginia a significant decision was released in the case of Men and Women Against Discrimination (MAWAD) versus The Family Protection Services Board of West Virginia. The findings of fact and conclusions of law contained within Judge Stucky's decision declared several rules of the West Virginia Family Protection Services Board null and void, stating the rules directly conflict with the express intent of West Virginia's legislature that domestic violence programs be administered in a gender neutral fashion while further finding the rules had a chilling effect on MAWAD members free speech right.
Read Judge Stucky's entire decision here. Several of the findings and conclusions include:
19. West Virginia Code 48-26-404 mandates the Board to propose rules for programs of intervention for perpetrators of domestic violence...
20. In response to this legislative mandate the Board adopted Rule 191-3-3....
21. The promulgation of this rule forms the basis for the Board's official position that perpetrator intervention programs should actually be and, in fact are, administered as "batterers" intervention programs with the fundamental premise that only men can be batterers and therefore only men are appropriate candidates for participation in perpetrator intervention programs.
22. The Legislature has expressed a clear intention to provide licensure and funding of perpetrator intervention programs that are gender-neutral; the Board, acting on its own, has ignored this intent and created a gender specific program that includes only men and excludes all women.
From the conclusions:
"The legislature has expressed a clear intention to provide for licensure and funding of perpetrator intervention programs that are gender-neutral. The Board, acting on its own, has morphed this intent into a gender specific program that includes only men and excludes all women...This rule conflicts with the clear intent of the legislature and is void."
TAKE ACTION
Domestic violence groups are one of the
primary impediments to getting shared parenting enacted. They actively
lobby against two parent involvement around the nation. Help educate your
legislators about this problem and ask them to investigate DV programs in your
state to see if similar situations are occurring. Take a copy of
this decision and circulate it to your state and federal legislators.
Include a reference to Dr. Stephen Baskerville'
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