Domestic abuse is a hot issue in some divorces, and it can make or break your case against a spouse. Unfortunately, when you’re on the receiving end of allegations, you have to quickly act in your best interests, or you could find that those allegations continue to work against you in the future.
It’s an unfortunate reality that false claims of domestic violence do occur during some divorces, especially when accusing the other party is a way of protecting their own interests. For example, it is a classic case that someone who wronged their spouse or abused their spouse might lash out and say that the spouse was the abuser. This isn’t fair, but it’s seen more often than it should be.
Who makes false claims of domestic abuse?
It is most common to see parents or people who are feeling vindictive against their spouses make false or unsubstantiated claims. Sometimes, it’s parents who attempted to turn their children against the other parent that make false allegations, so they can “solidify” their case with claims of abuse. Their goal may be to obtain full custody and to keep your children away from you, which is the worst-case scenario.
What happens when your spouse makes a domestic abuse claim?
Once your spouse makes this claim, a judge can issue an emergency order of protection. This order can be issued without any real proof, even though the order could have a lasting impact on the person who is accused.
If an order of protection is ordered, it is likely going to be a no-contact order. That means you won’t be able to see your spouse and may have to leave your marital home. You may also be restricted from being able to see your children.
If you happen to violate the order, you can end up in jail. It is a criminal offense to violate a court order. It is a Class A misdemeanor, which can be punished with up to a year in prison and fines. If you’re in the military and this happens, you could lose your career and your right to bear arms for service.
Don’t let someone’s false allegations disrupt your life or your chance at spending time with your family in the future. You need to defend yourself from the moment an allegation like this is made. Making false allegations is a crime, and you can seek help against the claims.