Questions raised over bill discouraging false claims of domestic abuse

CARSON CITY -- Critics of a bill to penalize people who make false domestic violence claims argued Friday that it would discourage legitimate claims - and even its author said some revisions are needed.

But Assemblywoman Barbara Buckley, D-Las Vegas, said the premise behind AB52 is valid, and she's hopeful an Assembly Judiciary subcommittee can work out flaws in the measure.

AB52 applies to people who request temporary restraining orders against abusive mates. If passed, it would force people who falsely accuse their partners of attacking or intimidating them to pay all the accused's court costs associated with the restraining order request.

"You cannot have a system that discourages people seeking protection. On the other hand, you need to do something about people who abuse the system," said Buckley. "We need to be really getting at people who absolutely lied and make sure we are not prosecuting any victims."

Critics included Sue Meuschke of the Nevada Network Against Domestic Violence, who said the measure would keep women from seeking protection from the courts.

"Many, many, if not most victims of domestic violence have been told (by their abusers) that no one will ever believe them," Meuschke said.

Under the proposal, one of the first things a woman will have to do is read and sign a document that says she understands the consequences of lying about being attacked or stalked and harassed.

Meuschke said that for many domestic violence victims this is tantamount to being called a liar and would keep them from going ahead with their requests.

"I am certain that this piece of legislation will be another tool a batterer can use to control their victim - and it will be sanctioned by the judicial system," Meuschke said.

Also opposing the bill was Barbara McCarthy, a domestic violence master in Washoe County who said it's rare for a woman to lie about being attacked by her husband or boyfriend.

And the person accused of violence has always had the right to appeal any ruling made by a court, she added.

"We are constantly trying to address the due process rights of the accused," McCarthy said, adding that lying under oath or in court documents is already illegal.

Buckley was backed by Valerie Cooney, a Carson City family attorney who said there's a lot of abuse of the legal system in domestic violence cases.

"I'm not a person out there disbelieving that there is a domestic violence problem in the community. But I know that there are abuses going on," Cooney said.

Cooney added that lawyers will sometimes have a client apply for a restraining order to get the upper hand in a child custody case, even if that client was never attacked or threatened.

Courts are allowed to consider accusations of domestic abuse and any legal action taken as a result of abuse, including restraining orders, when deciding which parent gets custody.

Buckley admitted to lawmakers that her proposal is "not perfect" and needs more work in a subcommittee. She said that if the subcommittee can't work out the flaws, she'd let the measure die.

"It's always a struggle with these pieces of legislation to find a way to solve the problem without causing more problems," she said.

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