Family law cases are complicated matters and can become even more difficult for everyone involved when there are allegations of domestic abuse. Unfortunately, there is a trend towards an increase in the use of false accusations of domestic violence to gain an advantage in family court. One in ten American couples experience intimate partner violence every year, so the reality exists, but can also be taken advantage of.
Using Abuse Allegations in Cases of Divorce With Child Custody
Getting a divorce can be a grueling process, especially when coupled with child custody matters. Still, a growing number of individuals are using domestic abuse allegations to gain an advantage in family court cases.
Instead of being used as protection, the allegations of abuse are now being used as a weapon in order to favor a side in matters of divorce and child custody. Studies have found that approximately 70 percent of cases where abuse is mentioned are either false or unnecessary. The study also found that the victims of the false claims are most often males.
These claims of abuse are generally brought out during custody disputes and to a greater degree have no basis. It is also very simple for a spouse to make the allegations. The only thing the alleging party has to do is tell the judge that they believe a protection order is necessary. Something as simple as a heated argument where voices are raised is enough for your spouse to be able to claim that he or she feels endangered.
Impact of the Protection Order on Divorce and Family Cases
In many circumstances, the protection order holds enough weight to require the father to be forced from his home and also gives the mother an edge in the custody dispute regarding the children. Taking into consideration that the major part of the custody battle has to do with each parents’ contribution to child care, a father being forced away from his children is automatically losing in engagement and interaction.
The separation of the male spouse can also cause him financial strain. Looking for a new home and paying child support have now been added to his list of expenses. Even in the event that the allegations are found to be groundless, the temporary restraining order can impact the accused in criminal background checks in the future.
If you’re going through a divorce, or have gone through a divorce, and encountered charges of alleged abuse in Miami seek representation with an experienced family law attorney. Contact the Spatz Law Firm and we will provide you with information and assistance to get you on the right track.
Source:
Assessing the Veracity of Domestic Violence Allegations in Parenting Disputes. (n.d.). Retrieved August 17, 2016, from https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/5C86112E6438F2FD85256C62006FDDCF
Cordell, J. E. (n.d.). False Allegations of Abuse Target Men in Divorce. Retrieved August 17, 2016, from http://www.huffingtonpost.com/joseph-e-cordell/false-allegations-of-abus_b_8578086.html
Information On Domestic Violence. (n.d.). Retrieved August 17, 2016, from http://www.stopabuseforeveryone.org/finding-help/info-on-domestic-violence.html