When a couple who lives together grow apart and begin to consider moving on without each other, the situation always brings forth a risk of going from bad to worse. Perhaps the worst case scenario when domestic relationships fall apart concerns domestic abuse and violence, which is a scourge on society and should be dealt with as such.
However, given the reality that people tend to believe allegations of domestic abuse, false accusations that are made by one party against another can be extremely damaging for many reasons. If you are facing these false allegations, you need to seek the help of San Diego domestic violence lawyers as soon as possible to defend yourself. Below is a brief introduction to this troubling issue.
False Domestic Violence Claims – Potential Harm
Clearly, the most immediate harm that can be done when false claims of domestic violence are made in furtherance of obtaining a protective order against the recipient is that this person can be placed in a situation where he could be arrested. Any contact or any type of encroachment on a home where this abuse was alleged could lead to incarceration and a criminal record.
In addition to the obvious potential for harm by way of incarceration, false allegations of domestic abuse can also severely damage someone’s case if a California divorce is filed in furtherance of this situation. Anyone with a record of abuse will most likely not be granted custody of any children of a marriage or relationship, and his visitation rights could also be restricted to the point where they are only allowed with the supervision of a third party.
Fighting False Claims of Domestic Abuse
If someone is served with documentation that states that a domestic violence temporary restraining order, or DVTRO has been granted, that person needs to immediately take steps to fight the permanent issuance of this order if the allegations are false. This can be done by way of offering proof that there is no history of abuse and by offering persuasive and compelling arguments to the judge that show that these allegations are not true.
Unfortunately, this can also be a difficult burden to overcome in court for someone who does not possess a legal background, as the evidence that can be offered is often not direct and proving that something did not occur is never easy. Therefore, any husband and/or father who faces this accusation needs to seek the help of experienced San Diego domestic violence lawyers as soon as possible to fight back against these allegations. Contact the Men’s Legal Center today to schedule an initial consultation.