Many family law attorneys are using “Silver Bullet Divorce” tactics, prompting clients to file false spousal and child abuse claims against their spouses to gain leverage in divorce cases.
Here is a guest view on the topic by a commenter we like to call Ann Johnson.
By Ann Johnson
The Luigi DiRubba case sounds like a “Silver Bullet Divorce.”
What is a Silver Bullet Divorce?
If you search online, you’ll find several blogs and instruction sites on how to kick your spouse out and gain leverage in a divorce case.
One common thread is, if all else fails, file a PFA (Protection From Abuse) or child abuse claim.
While domestic violence cases can be legitimate, the standard of evidence is entirely too low.
The elected officials and attorneys who created this low standard teach other attorneys how to profit from this.
In Williamson County, Texas, Assistant District Attorney Leslie Levy held a seminar to teach family law attorneys how to employ PFAs to gain advantage for their clients in a divorce case.
This is a video in which Attorney Leslie Levy instructs other attorneys on how to use PFAs in their divorce, so her office doesn’t have to deal with them.
The purpose of this seminar was to shift the caseload from her office directly to the family law attorneys, since doing the PFA as a part of their divorce case does not put the burden on the DA’s office, which then does not have to be the ones to prosecute.
The seminar was necessary, since so many family law attorneys use the “silver bullet,” not as actual protection from abuse, but as a negotiating tool. The DA’s office was overloaded with prosecuting the cases, which are often rubber-stamped by judges.
We won’t quote the whole video, but here are some memorable quotes:
Asst. DA Levy: We got this guy kicked out from his house because it was too close to her house. The constable called and said: “You realize the result of this is that he has to leave his house?” Asst. DA: Yes, we do. It’s up to him if he wants to violate that protective order or not.
Assistant DA Levy spends 38 minutes telling the group of family law attorneys why doing the PFA [rather than going through the DA’s office with their clients’ phony claims] is advantageous in divorce, and how to file them in a way that requires the least evidence, as well as the technicalities in some easier-to-stick charges.
We acknowledge that domestic violence is real, and something needs to exist for it. But putting in place laws that can be applied without evidence destroys families and children. That is not how to do it.
Asst. DA Levy: Who here has filed a divorce and filed a protective order as a part of it? [mostly all hands go up] I love that! …so I would encourage you very strongly if you have one of those cases to do the protective order as part of your case. It gives you more leverage in negotiating a settlement.
Asst DA Levy: My point is that it often will help your case to do it. You’ll get evidence that will be just as applicable in the divorce, it’ll leverage onto your divorce, and you can file it into the divorce.
At minute 32, Attorney Levy comments on how judges hate to rule on cases involving children when there is no evidence of harm to the child or against the parent. Her solution? File it with the divorce.
And why is that?
Minute 38, because they feel they are using criminal courts to get a divorce. And in divorce cases, you do not need evidence–just a reasonable fear.
Asst. DA: If you file it into your divorce and do it as a part of a temporary order, that concern goes away…and its not in the code but a preference…so if you file it into yours, you can get a better outcome, a better settlement…it will help your case in the long run… I am happy to send you all the forms we use.
