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Don’t Fuel the Fire: Protect Yourself from False Domestic Violence Accusations

Posted by Ahluwalia Law Professional Corporation | Mar 21, 2019 | 0 Comments

Although Tracy constantly complained about the marriage, she was furious when Brad took the initiative by filing for divorce.

Her first response was to threaten his access to the children by yelling, “You'll never see your kids again!” When the court prevented that outcome by granting joint legal custody to both parents, she tried to turn their sons against him by saying, “Daddy left because he doesn't love us anymore.” When the boys continued to enjoy a loving relationship with their father, Tracy tried more strategies to punish Brad, such as questioning his decisions and making the kids late for their visits, but none of them worked.

One night, she found a punishment tactic that did work, and it nearly ruined Brad's life.

They were arguing about his decision to take the kids to visit his parents during spring break. Seeing that there was no reasoning with her, Brad headed for the front door. Tracy blocked him suddenly and, unable to stop in time, he ran into her, pushing her against the wall. She was unhurt, so he continued his departure.

That wasn't the end of it. The next morning, the police were at the door of his San Jose condo, informing him that Tracy had filed a domestic violence complaint against him.

The Sad Reality of False Domestic Violence Accusations

During a separation or divorce, some parties may attempt to get an advantage by making a false accusation of domestic violence. It can happen for a number of reasons, such as wanting to get the other spouse out of the marital home, winning a custody dispute or, in Tracy's case, wanting to get even with a spouse who filed for divorce.

If it happens to you, you may feel tempted to lash out at your spouse and accuse them of lying. Don't! Any act that can be reasonably interpreted as aggressive can cause further damage. Instead, keep a level head and take the following steps to protect yourself.

Don't Stay Silent

We live in an era where oversharing is the norm, but being falsely accused of domestic violence can shame you into silence. However, it's important to let your family and closest friends know what's going on, especially if they have never witnessed erratic behavior from the accuser. They will be more inclined to support you and disbelieve the accusation.

Collect Evidence of Any Threats

Did the accuser ever send emails or text messages threatening to make a domestic violence allegation or take another adverse action against you to gain an advantage? Save them, as they can play an important role in proving your innocence.

Don't Do Anything That Could Be Used Against You

You know you didn't assault your accuser, but certain actions could create the impression that you are capable of doing so. They include yelling at the accuser in person or over the phone, sending aggressive emails or texts, and damaging property out of frustration.

Have a Witness Present When Meeting the Accuser

If there are situations where you cannot avoid contact with the accuser, such as custody or property exchanges, don't place yourself in a position where they can accuse you of additional violence. Make sure that you have a family member or trusted friend present during these situations so you have evidence that nothing malicious took place.

Contact a California Family Law Attorney

Are you worried that your spouse, intimate partner, or another family member will make a false accusation of domestic violence? Are you presently facing a family court application based on a false allegation? Don't face this ordeal alone. Attorney Madan Ahluwalia understands how distressing and painful this situation is, and will fight to help you protect your rights and your relationship with your children. For more information, contact Ahluwalia Law P.C.

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