When a Spouse Makes a False Domestic Abuse Claim During Divorce
Posted on December 10th, 2019 by Oddo & Babat, P.C.
False Domestic Abuse Claims
If your marriage is headed towards divorce, then both you and are partner are likely to be especially sensitive during this time. If you get into a heated argument, there is a chance that is could tip over into aggression and violence. So what happens if one spouse makes a false domestic abuse accusation in the midst of divorce? As the accused spouse, what can you do to protect yourself from consequences that you don’t deserve? The very first thing you must do is contact a lawyer who is experienced in family law and criminal defense cases, like a family law lawyer in Rockville, MD.
Allegations of Violence
If the court hears that one spouse has been arrested for domestic violence, it can have a serious impact on their ability to obtain custody over children. A false accusation not only causes even more friction between the spouses, but it can result in the entire family being torn apart. Allegations of violence during divorce or separation proceedings aren’t uncommon. In certain instances, these accusations are supported by obvious facts or evidence, but in other instances, one spouse may have wanted to seek revenge against the other.
The Definition of Abuse
Let’s say your spouse has accused you of domestic violence. As your lawyer may tell you, based on state and federal law, the term “abuse” doesn’t just include physical harm. If one spouse harasses, intimidates, blocks a door during an explosive argument, or does anything else to cause fear in the other, they may have to reap the repercussions of these actions. Your lawyer will need to know every single detail in the supposed domestic violence incident so they can create a defense that is most appropriate to the circumstances.
Clearing Your Name
After being accused of domestic violence, it is imperative that you act swiftly so that it doesn’t impact your divorce case. Your lawyer can talk with you about various strategies to help get the charge dismissed if possible. It often takes the experience of a seasoned lawyer to navigate such a tense and complicated situation. Remember that just because you were arrested for domestic violence doesn’t mean that you are automatically considered guilty. Do not give up hope that you can clear your name.
Examples of Defense Strategies
Depending on the factors of the supposed domestic violence or abuse incident, your lawyer may recommend using specific defense strategies. For instance, if your spouse made up the abuse incident entirely and you weren’t even there at the location and time that he or she claims, then a potential defense could be to establish a strong alibi. With help from your lawyer, you can show proof that you were somewhere else at the time.
Or, perhaps you were there but hadn’t committed the acts that are so claimed against you. Your lawyer can work to weaken your spouse’s story by scrutinizing the evidence against you. The burden of proof will be on the prosecution, who will need to prove beyond a reasonable doubt that you are guilty.
Thanks to the Law Office of Daniel J. Wright for their insight into false domestic abuse claims during the divorce process.
I consulted with David the first time a couple of years ago on a serious matter that affected a very close member of my family. Not expecting a good experience from this serious situation coupled with an attorney consultation, the entire thing surprised me as it was pleasant, professional, and completely successful. We found him clear, direct, generous and extremely knowledgeable throughout the process. I give my very strongest recommendation
