Over 65 Years Of Combined Trial Experience

What happens when domestic abuse is alleged

On Behalf of | Jan 14, 2024 | Criminal Defense |

Many strained marriages in Louisiana end in divorce, and while these spouses cannot get along, they may still be able to navigate a settlement with a minimum of discord. However, some spouses can turn on their partners and deliberately accuse them of abuse during the marriage even when no instances ever occurred.

False accusations to gain control

When one spouse in divorce proceedings falsely accuses the other one of domestic abuse, that person is attempting to gain control over the situation. Abuse allegations, even those that are false, require a strong criminal defense because the situation can escalate even further by preventing the accused from having any contact with the couple’s children. Although evidence can substantiate some domestic violence claims, souses that accuse their partners do so to game the system by turning their children against the other parent and gaining 100% legal and physical custody.

Spouses don’t realize that even minor acts, such as blocking a door during an argument, can be used against them. Once a spouse makes an abuse claim, a judge can issue an emergency order of protection. Even an alleged violation of that order can land you in additional trouble. Orders of protection have far-reaching consequences in divorce proceedings. The spouse making the accusations has a potentially unfair advantage, particularly in child custody proceedings.

Fighting abuse allegations during divorce

When domestic abuse is alleged, the situation often involves one person’s word against the other. This complicates divorce proceedings even further, as the warring couple can potentially spend double the time in court. In addition to child custody and parenting time, domestic abuse allegations can also affect your property settlement. Therefore, it’s in your best interests to disprove abuse allegations before completing divorce proceedings.

Domestic abuse charges can involve any coercive control. You need to present a clear and accurate account of what happened during your marriage. Lack of evidence is one of the strongest defenses against the charges, but you can also cite self-defense, proving false accusations by exposing potential motives, lack of intent and witnesses. Developing a clear strategy is imperative.