In family court, you’re guilty until proven innocent

Ashley Herzog
4 min readJan 3, 2023

This black military veteran was a victim of domestic violence. So why is the court system giving custody of his son to his abuser?

Photo by Jason Leung on Unsplash

Tommy Smith, a black man and a U.S. military veteran, was a victim of domestic violence. In fact, his now ex-wife spent a few days in jail for assaulting him. Smith tried to go through the “proper channels” to get help, as domestic violence victims are instructed — often with a side order of condescension. The incident was documented and Smith’s then-wife was arrested. But now, a family court in Ohio has awarded custody of Smith’s young son to his abuser. Why? Because Smith, a combat veteran, has PTSD. Plus, he told The Outlaws Radio Show, “I’m a man.”

As America tosses aside old, outdated gender expectations, there seems to be one we’re determined to keep: Is it okay for women to assault men? Can only women be victims of relationship violence?

The judge in Smith’s case seems to believe it. Of course, Smith’s case is just one example of civil rights abuses taking place in family courts all over the country. As someone who has experienced abuse in a relationship, I’ve been interested in this issue for a long time. However, I was disheartened to learn from none other than right-wing icon Phyllis Schlafly that the “domestic violence bureaucracy” is completely corrupt. Since the…

--

--

Ashley Herzog

New account. I’m still a professional journalist, novelist, and radio host. And Catherine’s mom.