Domestic Violence Articles - Florida Law
How to Keep Domestic Violence Accusations from Affecting Divorce Proceedings
By David Roberts | Family Law Attorney
Posted on March 15, 2018
Domestic violence is a serious issue that should never be ignored. When we hear about domestic violence cases, it’s natural to automatically feel for the victim who is claiming harm has been done to them. However, what we don’t realize is that many people are falsely accused of committing domestic violence.
According to Stop Abusive and Violent Environments (SAVE), 700,000 people are wrongfully arrested for domestic violence each year. Should a person be found guilty of a crime they didn’t commit, they could be sentenced to treatment classes, lose their job, lose the trust of those most important to them, be fined, or face time in jail.
Because the justice system wants victims to feel confident coming forward, the courts will avoid charging the accuser in a false domestic violence case. That’s why it’s important you have an experienced domestic violence lawyer who can work on your behalf should you ever be faced with a domestic violence charge.
Fighting False Allegations
While going through a divorce, if your spouse claims you have abused them, start by taking the following steps:
- Seek legal representation right away – To minimize the impact of the claims, it’s vital you have an attorney who can offer you the correct legal guidance and keep you from being wrongfully charged.
- Know the laws in your state – Each state has a specific set of standards for what they consider to be domestic violence. For your own knowledge, you should research what constitutes abuse, but you will be much more successful in court with an experienced attorney by your side.
- Prepare evidence – When in court, present any evidence that will help prove your innocence, such as texts, emails, and video and audio recordings. Showing proof that your spouse has threatened to allege abuse in order to win your divorce dispute will help to discredit their accusations.
- Gather witnesses – Find witnesses who can either testify that a situation never happened, or if they did not directly witness the declared abuse, may be able to support your alibi that shows the accuser is lying.
Fighting allegations of abuse isn’t easy, especially on your own. That’s why you should quickly take action and hire a highly experienced divorce attorney at The Roberts Family Law Firm in Orlando. We understand the seriousness regarding domestic violence and divorce and will help you begin preparing your defense immediately. Contact us today by calling 407-426-6999 or by filling out the form located on this page.
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