Weaponizing Allegations: Why Governor Youngkin Must Address False Domestic Violence Claims in Family Court
By Michael Phillips
“The saddest part about justice is that it depends on who tells the better lie.”
INTRODUCTION
With the Virginia General Assembly in the rearview and 2025 barreling toward its next political showdown, one issue continues to be buried beneath the surface: the devastating fallout of false domestic violence and child abuse allegations in family court.
Governor Glenn Youngkin has built a brand around parental rights, liberty, and justice reform—but he’s missed one of the most corrosive abuses in the family law system: the unchecked rise of false domestic violence claims used as a legal strategy in custody and divorce proceedings.
It’s time he stepped in.
THE UNCOMFORTABLE TRUTH: THE STATS DON’T LIE
According to data from the New Jersey State Police’s Domestic Violence Reports (2016–2023)—which closely mirror national trends—over:
75% of domestic violence allegations are false
80% are brought in tandem with a divorce action
80% are based on vague harassment statutes
Over 50% are filed serially within ongoing custody battles
Yet, what happens to the false accuser? Nothing. No jail time. No fines. No accountability. Meanwhile, the accused parent—often the father—faces:
Job loss
Homelessness
Emotional trauma
Ruined reputations
Total estrangement from their children
According to the Center for Prosecutor Integrity, an estimated 20 million Americans (8% of the population) report having been falsely accused of domestic violence, sexual assault, or stalking.
Even if we reduce that figure by half, it still represents a legal and humanitarian crisis.
THE VIRGINIA VOID
Youngkin vetoed a recent child custody reform bill, HB2613, which would have protected parents who use legally authorized medications (like cannabis) from being automatically penalized in custody decisions. His rationale was framed around child protection. But this signals a dangerous deference to government narratives and activist judicial discretion that allows bias to rule over facts.
So what happens when allegations themselves become the weapon?
That’s the battle fathers across Virginia—and the country—are fighting every day in silence.
THE FIRST AMENDMENT DOES NOT DISAPPEAR IN FAMILY COURT
False domestic violence allegations often stem from routine co-parenting frustrations. One parent obstructs visitation or refuses communication. The other parent responds, at times emotionally. That response is then twisted and repackaged as harassment or abuse, triggering a protective order that immediately restricts the accused parent’s access to their child, their home, and even their bank account.
But as courts in other states have begun to recognize, this is a gross misuse of the law.
In State v. Burkert, 231 N.J. 257 (2017), the New Jersey Supreme Court struck down the overbroad use of harassment laws in domestic cases, holding that only:
Communications that invade the recipient’s privacy, or
Pose true threats to safety
…can be criminalized.
Judges in other jurisdictions agree:
“Speech cannot be transformed into criminal conduct merely because it annoys, disturbs, or arouses contempt.” — State v. Burkert
“Even harsh, offensive, or unpleasant speech remains protected.” — Virgin Islands v. Vanterpool, 767 F.3d 157 (3d Cir. 2014)
“There is no categorical ‘harassment exception’ to the First Amendment.” — Saxe v. State Coll. Area Sch. Dist., 240 F.3d 200 (3d Cir. 2001)
Yet in Virginia, emotional frustration by a parent fighting for time with their child is routinely criminalized.
THE STRATEGY OF ALIENATION THROUGH LIES
This is not about violence. It’s about power. False allegations have become the go-to tactic for manipulating the court, delaying proceedings, and alienating a parent.
As documented by DAVIA (Domestic Abuse and Violence International Alliance), parental alienation is deeply intertwined with the misuse of protective orders and family court proceedings. Despite mountains of research—such as Dr. Martin Fiebert’s exhaustive review of over 400,000 cases showing women are equally or more physically aggressive in relationships—the narrative of male perpetrators and female victims remains unchallenged.
This is political cowardice. And it’s costing families everything.
THE SOLUTION: ACCOUNTABILITY FOR FALSE ACCUSERS
If Virginia wants to protect real victims of abuse, it must first deter false reports that drain time, resources, and credibility from those who truly need help.
We propose that any person who files a knowingly false domestic violence or child abuse claim be subject to:
Felony perjury charges (5–7 years prison)
$50,000 fine
Loss of custody rights
10 years of supervised probation or community service
Family court is not a game. Children are not weapons. And the Constitution doesn’t take a coffee break because two people got divorced.
FINAL THOUGHTS: A CALL TO GOVERNOR YOUNGKIN
Governor Youngkin has made parental rights a cornerstone of his platform. But without addressing the unchecked abuse of domestic violence laws, those rights remain a hollow slogan for millions of falsely accused parents—especially fathers.
It’s time to:
Reform harassment statutes to protect free speech
Penalize false accusers with meaningful consequences
Rein in family court discretion and ensure equal treatment
Protect both parents’ rights to raise their children
Anything less is an injustice masquerading as safety.
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Your voice matters. So does the truth.
Author’s Note:
Special thanks to Bruce Eden whose research, caselaw review, and personal insight into family law helped shape the foundation of this article. Your work continues to educate and inspire those fighting for transparency and reform.
Virginia Bay News 