What Should You Do If You Are Facing False Domestic Violence Charges During Divorce?
Domestic violence (not limited to intimate partner and child abuse) is a common problem in Florida and the U.S. as a whole. According to research, domestic violence affects millions of people in the U.S. every year. Domestic violence includes a range of abuse, including, but not limited to, sexual, economic, emotional, physical, and psychological. Often, intimate partner abuse includes sexual and physical violence, stalking, and psychological aggression. As many as one in nine men and one in four women are victims of domestic violence. Considering such numbers, it is not surprising that domestic violence or abuse allegations that come up as part of divorce proceedings are all too common. Often, these allegations are based on facts and evidence.
Nevertheless, although most domestic violence allegations arise from serious and dangerous situations, some allegations are fabricated. Some spouses falsely accuse their spouses of domestic violence during divorce proceedings to get the upper hand or in an attempt to acquire a more favorable outcome. Because the stakes are usually high in divorce proceedings, one spouse might choose to falsely accuse the other of domestic violence, thinking it will give him or her an advantage.
Being falsely accused of domestic violence can leave you angry, overwhelmed, and scared. These allegations can even jeopardize employment. Such feelings are understandable considering Florida courts usually consider domestic violence allegations when making crucial divorce-related decisions like alimony, child custody, and property division decisions. Nevertheless, it is vital for a person facing false domestic violence allegations during a divorce to control his or her emotions before reacting to the accusations. But, how should you respond to false allegations during a Florida divorce proceeding? Find out below.
Responding to False Allegations of Domestic Violence
If your spouse files an injunction for protection against domestic violence against you, ensure you comply with the directions in the order. Violating an injunction for protection will only make your case worse. Although the Injunction itself is civil in nature, a violation of an Injunction is a criminal offense and will likely result in your immediate arrest.
Remember, you have a chance to defend yourself, and a lawyer can help you do that. He or she can help you gather evidence and prove that your spouse falsely accused you.
Because you need evidence to defend yourself, it is crucial that you keep a detailed record of everything. For example, you can maintain a journal detailing your actions and your spouse’s accusations. Such a record can help you contradict false allegations. You can also help your attorney to create a list of witnesses who can testify on your behalf. The good news is that false allegations can often be challenged and proven false, which means the Injunction is dismissed.
Lastly, keep in mind that filing a false domestic violence injunction is a factor the court can consider when evaluating timesharing and custodial matters of a child. Thus, a spouse caught filing a false injunction can well jeopardize his or her award of timesharing or custody of a child.
Contact a Jacksonville Divorce Lawyer Today
Domestic violence allegations can affect the outcome of your divorce in many ways. If you are facing false domestic violence allegations, don’t take the allegations lightly. Contact a qualified Jacksonville divorce attorney at the Lasky Law Firm to schedule a consultation and discuss your case.