Why people make false domestic violence claims

On Behalf of | Jan 19, 2024 | Domestic Violence

It’s not uncommon for couples to have heated arguments throughout their relationships. However, in some cases, those arguments cause hurt feelings that can’t be overcome, which results in a trip to a Florida divorce court. Feelings of hurt or resentment may be enough for one party to level false accusations of domestic violence against their partner.

Why false allegations may be made

Often, false allegations of domestic violence are made to make it harder for the other party to obtain custody of their children. It may also be part of a broader scheme to turn friends, family members or others against their partner to satisfy their need for revenge.

The impact of false allegations

If a judge believes the allegations made against you, that judge will issue a protective order. That order will stipulate that you can’t attempt to communicate with your spouse or visit places he or she may frequent. It may also prohibit you from spending time with your kids or contacting them in any way. The fact that a protective order was granted might also impact your ability to get custody of your kids or have an impact on your personal or professional reputation.

You can appeal

You do have the right to appeal a protective order, and it’s typically in your best interest to do so as soon as possible. You may be able to use text messages, video footage or other evidence that proves you have never engaged in domestic violence against your spouse. Statements from your parents, your child’s teacher or other parties may also be used to clear your name.

Allegations of domestic violence will be taken into consideration by a judge when crafting or approving a child custody agreement. Therefore, unless you appeal a protective order or prove these allegations are false, you may be denied custody of your kids. However, over time, an order may be modified if you can prove to the court that you’re a capable caregiver.


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