Defending Against False Allegations of Domestic Violence (Family Law)
Often in the context of a divorce or family law matter one party will make allegations of domestic violence which are exaggerated or untrue. The party making the allegations of domestic violence may use this to gain an advantage in the divorce or family law matter.
The presence of domestic violence allegations can seriously complicate divorce and family law matters and place the rights of the accused at extreme risk.
Domestic violence allegations can adversely affect custody and visitation rights, employment, reputation, and rights to spousal support.
Child Custody Decisions
California courts place the best interests of the child at the top of their priority when making a decision regarding child custody. The existence of domestic violence on the record of one of the parents will almost assuredly lead a court to lean towards the non-offending parent when awarding child custody.
Concurrent with decisions regarding child custody, courts make visitation orders based on the best interests of the children. When there is a finding of domestic violence, the court may restrict the perpetrating parent’s visitation time, order supervised visitation or even suspend visitation rights altogether.
Allegations of domestic violence may affect a person’s present and future employment status, especially if the position requires a background check and/or possession of a weapon.
A finding by the court that a person is a domestic violence perpetrator is public record. These records will follow that person for the rest of their life. Therefore, you should take domestic violence charges very seriously.
Right to Receive Support
A finding by the court that a person is a domestic violence perpetrator may affect their right to receive spousal support if the finding is within five (5) years.
How San Diego Domestic Violence Lawyers Can Help
If there are domestic violence allegations against you, you need to act immediately to protect your legal rights. There are other forms of domestic violence in San Diego that go under-addressed. Learn more about these statistics to better understand if you could be a victim. Attorneys at the Men’s Legal Center have also represented those who have been victims of domestic violence in San Diego that have been under-addressed.
Contact the San Diego domestic violence lawyers at the Men’s Legal Center today.