Rule of thumb.

• Author: Trettis, Blaise
• Position: Letters

In "Assessing the Veracity of Domestic Violence Allegations in Parenting Disputes" (November 2002), Sherrie Boug Carter asserts that the "rule of thumb" saying has its origin in English Common Law and that the rule decreed that a man could not legally use a rod thicker than the diameter of his thumb to beat his wife. This explanation of the rule of thumb is an example of erroneous modern-day revisionist history. The rule of thumb phrase actually came into metaphorical use by the late 17th century, and it derives from workers who knew their trade so well they rarely fell back on the use of such things as rulers. That the phrase did not originate in the law can be ascertained by reference to the Oxford English Dictionary, which notes that the term has been used metaphorically for at least 300 years to refer to any method of measurement or technique of estimation derived from experience rather than science.

Carter offers the opinion that, "Although probably rare, there arguably may be some spouses who anticipate a marital separation or child custody dispute and make reports of domestic abuse to gain leverage if the case goes to court." There are judges in Florida who have seen numerous domestic violence injunction cases come before them who do not seem to share the opinion that false allegations of domestic abuse in civil cases are rare.

In his article, "A Twist on Justice" in the August 24,1997, Orlando Sentinel, Judge Joe Baker offers his perspective: "It is common knowledge among both attorneys and litigants representing themselves that anyone contemplating divorce can get a strategic advantage by obtaining a domestic violence injunction. The procedure for getting these injunctions strongly favors the petitioner, and they are easy to get. Yet the injunction is a sort of quick, partial divorce available instantly, with little...