Andrew M. Coffey, P.A.
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How to escalate a divorce: False accusations of domestic violence

When two people decide to divorce, there are many emotions involved: Some may feel relief, some may feel scared, some may feel sad. If we're being honest, most people feel a mix of all of these emotions. There is the anticipation of moving on, the fear of starting over again and the disappointment that things did not work out.

Inevitably, there is also some amount of anger-that's only natural. One spouse may blame the other for the demise of the marriage. Infidelity, misuse of marital funds, and even issues over parenting can incite some very volatile feelings. Again this is normal-to a point

When accusations fly

Unfortunately some people let that anger fuel a need for revenge. They want to hurt in the way that they have been hurt and they lash out--making accusations about threats or actual physical violence. They go to court and get an injunction for domestic violence-keeping you from contact with the people you love the most: Your children.

You wonder what you can do--the judge has already signed the papers. Do you have any recourse?

The answer is yes

Judge's sign injunctions based on affidavits describing allegations. The allegations may be disturbing and concerning enough that the judge signs an injunction. But the injunction is temporary. You have every right to challenge it and you should. A hearing is required to be held where you can testify about the accusations. Don't hesitate--take advantage of this opportunity. Your livelihood and your future can depend on it.

You are allowed to bring a lawyer with you to help refute the allegations. Do so. The single most effective way to challenge your ex's assertions is to have a qualified, experienced attorney present your case--proving that the claims are baseless and without support. Don't allow your ex to let anger drive your divorce.

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Certified | The Florida Bar | Criminal Trial Law

Andrew M. Coffey has been recognized as a Board Certified Civil Trial lawyer by the Florida Bar. Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the Supreme Court of Florida.

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