It’s common for couples to fight during the course of a marriage. It’s also common for arguments to become heated, which can sometimes be misinterpreted. This is especially true when it comes to divorce proceedings. Some spouses will misrepresent arguments intentionally to paint their partners in an abusive light, in order to gain favor in the eyes of the court. Very Well Mind explains domestic violence allegations as they pertain to divorce court, and what you can do if falsely accused.
Keep in mind that the legal definition of domestic violence goes beyond physical abuse. Harassment and intimidating threats can also be considered domestic violence, and it’s up to law enforcement and court officials to determine what is and is not a credible threat. In some cases, this can lead to an innocent person being accused of acting in an inappropriate manner towards his spouse. It can also lead to an order of protection being issued.
An order of protection is put in place to prevent a person from harassing or abusing another. Breaking an order, whether baseless or not, can have serious consequences. For instance, a person will be arrested if the order of protection is broken. These orders can also be extended to children and other family members, which prevents a father from seeing his children.
So, what can you do if you’ve been falsely accused of domestic violence? The first step is to contact an attorney immediately. An attorney will assess the facts of your case and help you devise a reasonable defense. You must also obey an order of protection, even if you feel it’s unjust. Let your lawyer address all legal issues so you can hopefully have your name cleared.