Law Office of Luke Scardigno - Queens Criminal Defense Attorney

Domestic violence claims can be used against an innocent party

Have you ever had an argument with your spouse over something silly? Did it get a little out of hand, but no real harm came from it? Maybe time passed after the argument, and your spouse decided to file for a divorce for unrelated reasons. That's all fairly common, especially as a couple's relationship begins to degrade.

What is less common is when a spouse decides to use false claims of abuse to get their way during a divorce. It may be true that you argued, but arguments are not the same as abuse. It might be hard for you to understand why your estranged spouse is making these claims, and those claims can disrupt everything about your life.

Why would someone make a false claim of abuse during a divorce?

Any time someone makes a false claim, it's about control. Generally speaking, there's no way that a misunderstanding could lead to this kind of claim. Instead, it's normally a person who wants to get more out of a settlement or to obtain custody of their children who may claim that the other spouse is abusive or threatening.

To start with, they may call the police and claim that you're stalking them or that you've hurt them in some way, even when you haven't. Immediately, a temporary protective order may be issued. This order is just the first step in documenting abuse, even if it hasn't actually taken place.

What should you do if you're falsely accused of domestic violence during a divorce?

It is necessary to work with your attorney as soon as possible to dispute claims and to protect your reputation. Your reputation means everything in court. If a judge believes that you're lying or cannot be trusted, then you will likely have a difficult time with your case, and your estranged spouse will have a better chance of getting what they want.

However, if you can catch your estranged spouse lying and prove your own innocence, then it will help your case significantly. For example, if your estranged spouse threatens you or threatens to claim abuse to get what they want in a text message, presenting that to a judge could significantly help your case and hurt your estranged spouse's reputation.

Claiming domestic abuse is one way to significantly hurt another person, and no one should get away with false claims. You may even be able to pursue your own claim against someone who is caught falsely accusing you.

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Law Office Of Luke Scardigno
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