How can false accusations of abuse affect a divorce?

| Sep 25, 2020 | Family Law

During a divorce, you will deal with many stressful situations. Not only are you losing your partner, but you will also need to divide your entire life into two. And during litigation, your spouse could use allegations of domestic abuse to create an advantage.

If you’re falsely accused of violence in the home, you could lose out on custody time. An order of protection could even block visitation with your children. If you face accusations against you, you may need to act quickly to clear your name.

Allegations are serious, regardless of the truth

Courts take domestic abuse seriously. Evidence of violence in the home can significantly affect the outcome of a divorce. Spouses that can prove they suffered abuse often receive full custody of children and a favorable outcome in property division.

Unfortunately, some spouses that wish to take advantage of the divorce court may falsely claim violence in the home. They may hold ill feelings towards their former partners and wish to cause harm to them in the divorce.

Protective orders keep you away from your children

To substantiate the claims of abuse, your spouse will likely file an order of protection against you. This is a restraining order that can prevent you from seeing your children while you go through the divorce process. While some protective orders allow limited visitation, others will block you from your children outright.

Your spouse can file an order even if you haven’t been charged with a crime. And the consequences of an order combined with allegations can cause you to lose out on custody during your divorce.

Fighting the accusation

If your spouse tries to falsely accuse you of abuse, you will need to clear your name as quickly as possible. You will struggle to gain a positive outcome in your divorce if your spouse can show that your children haven’t been in your life. And if you can show that your spouse’s accusations have no merit, you may be able to have a fair chance at custody of your children.