Domestic violence is a serious problem in the United States. But what should you do if you’re falsely accused of domestic violence during your divorce? Domestic violence accusations made against one spouse during a divorce can be severely damaging. Therefore, if you’ve been accused of domestic violence, you must act quickly, as your reputation, your relationship with your children, and even your freedom are at stake. Below is an overview of how to address false accusations of domestic violence in your Texas divorce.
Restraining Orders
Restraining orders are often requested when one spouse alleges that the other party is guilty of domestic violence. Unfortunately, they provide powerful leverage in family court. Because a restraining order is a civil remedy the court only needs to find that there is a preponderance of the evidence necessary to support the granting of a restraining order. This means that the judge thinks the evidence makes it more likely than not that the restraining order should be granted. For this reason, the evidence needed for a judge to issue a restraining order may seem surprisingly minimal, especially considering the consequences of a restraining order. For example, if you are the subject of a restraining order, you can be:
- Prevented from having contact with your spouse
- Removed from your home and even jailed
- Prevented from contacting your children
- Stripped of your right to own firearms
Steps to Take Following a False Domestic Violence Accusation
If you are falsely accused of domestic violence during a divorce, the first thing you should do is stay away from your spouse, especially if a restraining order is involved. Remember, even if the accusations are false, you can’t help your case by confronting your spouse. This will only make things worse.
Next, you should contact a Texas domestic violence and abuse attorney. When you meet with your attorney, he will discuss several issues with you, including:
- The types of accusations against you
- Why your spouse would accuse you of domestic abuse
- Your version of events, and
- Whether there are witnesses who can verify your version of events
In addition, you and your attorney will discuss your divorce and try to determine which divorce-related issues may have led to the domestic violence allegations. For example, custody battles sometimes lead to false domestic violence accusations.
Defend Against Domestic Violence Allegations
If you’ve been falsely accused of domestic violence, you need a Texas domestic violence and abuse attorney on your side. This is especially true if you have children, as domestic violence accusations may prevent you from seeing them. In addition, false allegations of domestic violence during a divorce can affect spousal support and property division decisions, so it’s imperative that you have an attorney with experience in these matters in your corner to ensure that you aren’t treated unfairly.
At Youngberg Law Firm, we are experienced in domestic violence allegations and understand what it takes to defend you against them in your Texas divorce. And although Mr. Youngberg is not a criminal defense attorney, he can work with your criminal defense attorney to build an effective strategy if criminal charges are involved. Please contact us today for a consultation.