Fisher Law Office

The unfair advantage of a spouse who falsely claims abuse

One of the most devastating moments in your turbulent marriage may have occurred when the police arrived at your door following a particularly heated argument with your spouse. Perhaps the neighbors called after hearing the commotion, or your spouse made the call. In either case, you ended up in handcuffs facing charges of domestic abuse.

Law enforcement does not fool around when someone accuses a spouse or partner of domestic violence. It is one offense that requires little evidence for police to take action. Even if your spouse recants the allegations, the charges remain. This is because so many abused spouses are too fearful of their partners to press charges. While you understand the importance of this protection within the system, it does not comfort you if you know you have done nothing wrong.

Your spouse's deliberate misrepresentation can land you in trouble

California and federal laws regarding domestic violence have a very broad definition of abuse. Your spouse may file a credible complaint of domestic abuse by claiming you did any of the following and more:

  • Intimidated your spouse
  • Harassed him or her
  • Made him or her feel fearful or unsafe
  • Prevented your spouse from leaving the room during an argument
  • Touched or grabbed your spouse
  • Raised your voice

As you can see, it takes very little to make such charges stick. The next step may be a restraining order against you, which prevents you from returning to your home even to gather your things. You certainly will be restricted from contact with your children, and your spouse may understand that this is just what is needed to prevent you from obtaining any custody rights during the divorce.

Restraining orders

Violations of a restraining order can have an even more powerful impact. If you make contact with your spouse while under a protective order, even by asking a friend to pass along a message, you may find yourself facing misdemeanor charges, which can result in jail.

Protective orders also do serious damage to your chances of gaining custody of your children. Your inability to spend time with your children during the separation before your divorce hearing will give your spouse a decided advantage when it comes to custody. If you are dealing with false allegations of domestic abuse in the midst of a divorce, you would be wise to seek legal assistance at your earliest opportunity.

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Fisher Law Office

1322 Morro Street
San Luis Obispo, CA 93401-4028

Phone: 805-706-0205
Fax: 805-542-0464
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