And one of the most powerful weapons continually used against men in court are false allegations of sexual abuse and false allegations of domestic violence. Marjorie Fuller, a Fullerton family law attorney, agrees that the measure could prompt false reports. She also said it's too difficult to define the level of domestic violence that would bar someone from getting custody. It's too hard to nail that down. If an abuser is intent on attacking his or her former partner or children, Fuller added, no restraining order or lack of formal custody is going to stop the person.
Most judges do the best they can with what they've got to work with.
As the attorney appointed to represent O.J. Simpson's children, Fuller has found herself at the center of the debate over awarding custody to abusers. Fuller recommended that Simpson have custody of his two young children, a recommendation followed by the court. Fuller made her recommendation after Simpson had been acquitted on criminal charges of murdering his ex-wife Nicole Brown Simpson and her friend Ronald Goldman. He has since been found responsible for their deaths in a civil trial. A recall attempt has been launched against the judge in the case.