Actor Tom Sizemore's Ex-Girlfriend Drops Protective Order

December 05, 2010 (Press-News.org) Tom Sizemore's ex-girlfriend, Jinele McIntire, recently decided to drop the current protective order request against the actor. Some speculate that this unexpected decision is proof of the falsity of McIntire's claims.

In June of this year, McIntire was awarded a restraining order against the actor after alleging that Sizemore assaulted her in the face, head and stomach while she attempted to discuss child support owed to her for their five-year-old twin sons.

The facts surrounding this case strongly demonstrate that McIntire simply filed the order as a way to bride the actor out of money. Along with child support demands, Sizemore says that she even told him that she would agree to drop the PO if he would buy her a house in Las Vegas. Sizemore says that he even carries in his possession a taped confession in which McIntire admitted to lying to authorities about the domestic violence claim.

In court, McIntire denied the allegations were false, but admitted that she was in fact upset that the actor wasn't making his required child support payments. She also confessed her desire to move to Las Vegas. Several weeks later--giving no indication as to her reasoning--she told the judge she had no desire to pursue the order any further.

Wrongly Accused: False Domestic Violence Allegations

All too often, the facts of a case simply do not support an accuser's domestic violence allegations. The sad truth is that in many cases, domestic violence claims are fabricated.

So why would someone pursue such drastic action?
- Child custody. In many states, the child custody decisions are determined based on what is in the "best interests of the child." In Nevada, the law automatically presumes it is not in the best interests of the child if he or she is placed in the custody of a parent accused of domestic violence.
- Revenge. In some cases, ex-spouses will try anything to sabotage or seek revenge against each other, even if it means breaking the law.
- Money. A former spouse or significant other may threaten to claim they were assaulted or abused in order to squeeze more alimony, child support or something else out of their former partner.

Understanding the Repercussions

It's unfortunate that many individuals who falsely accuse their partners of assault fail to fully understand both the direct and indirect repercussions a charge or conviction will have on the accused.

In Nevada, a misdemeanor domestic violence conviction (known as "battery domestic violence") can result in a six month jail sentence and up to a $1000 fine. An individual convicted of felony BDV charge, on the other hand, can receive up 15 years in a state prison and up to a $15,000 fine.

Alongside legal penalties, this kind of allegation, charge or conviction can seriously impact other parts of a person's life. The accused can lose joint custody rights, his or her job, and even reputation. If the accused is residing in the U.S. via a green card, domestic violence charges can be sufficient to prevent him or her from obtaining citizenship, and, in some cases, result in deportation.

Relentless Prosecution

Once someone accuses another of domestic violence, it is up to the prosecuting attorney to decide whether or not to pursue criminal charges and, if so, which charges should be brought.

It doesn't matter if the person who made the allegations decides he or she wants to drop them because the decision to drop the charges is not the accuser's to make. For battery domestic violence charges in Las Vegas, that decision belongs to the prosecutors.

Defending Against Domestic Violence Charges

If you have been charged with domestic violence, contacting an experienced criminal defense attorney as soon as possible is vital. Las Vegas authorities take relentless action when domestic violence claims are made. Even if you know the charges against you are false, it does not mean the prosecutor or judge will as well.

Your future is at stake. An experienced domestic violence defense attorney will vigorously defend your charges and fight to protect your rights.

Article provided by Oronoz Law Offices - Las Vegal Trial Lawyers
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