In a domestic dispute, nothing can be more frightening than facing false domestic assault charges. Domestic abuse claims are taken into consideration during legal separation, divorce and custody proceedings, and they are often used as a strategy for one party to gain the upper hand.
Fighting Back Against False Charges
One of the biggest criticisms of the legal system that addresses domestic abuse is the frequency in which false allegations of abuse are made to seek an advantage in divorce and custody proceedings. If you find yourself the victim of false allegations from a bitter spouse or ex-spouse, you need to take immediate counter-action. Start out by consulting a lawyer to help you with these critical first steps.
- Avoid Conflict. When there is marital conflict, it is important to de-escalate any conflict.
- Rely on witnesses. It is always a good idea to have independent witnesses available when events are planned that could result in conflict.
- File for a reciprocal order. If the allegations of abuse stem from a particular domestic conflict, you may wish to file for a restraining order.
It is important to remember that although false allegations may be intimidating, they are often difficult to prove. Allegations of abuse can be generalized so that no specific dates or times are included. Charges that are too general or inconsistent will likely be insufficient in proving that abuse has occurred.
Protecting Yourself Against Allegations of Abuse
Instances of domestic violence will show up on background record checks, can harm employment opportunities or interfere with professional licenses or security clearances. That is why it is extremely important to be vigilant for the warning signs that allegations of abuse may be made and, if they are made, being aggressively proactive in contesting them.
The attorneys of Missouri’s Meehan Law Firm represent individuals who have been charged with domestic assault. If you feel you have been falsely charged with domestic abuse and would like a consultation on the case, contact us today at (314) 725-9994. At the Meehan Law Firm, your consultation is free.
Sources:
http://www.hg.org/article.asp?id=6008, http://meehanlawfirm.com/domestic-assault-and-violence.html, http://family.findlaw.com/child-abuse/do-s-and-don-ts-false-allegations-of-child-abuse.html