Lying about Abuse
How Spouses Improperly Use Domestic Violence Laws
Domestic violence sometimes plays a part in separation and divorce cases. Most states take this matter very seriously and move as quickly as possible to get the victim into court. The victim is often temporarily awarded the family home, a restraining order against the spouse and in some cases, the court orders the removal of any firearms.
Sometimes the violence is the reason for the divorce but on other occasions it is a result of the divorce proceedings breeding violence. Temporary custody of the minor children would be awarded to the victim to keep them from the violent behavior of the aggressor. An alleged victim of domestic abuse can request an ex parte meeting with the judge, without the spouse, to present her case.
If the judge is convinced of the abuse, he will award temporary emergency custody to the victim. This will be followed up in about 10 days with an open court hearing allowing both parties to present their case to the judge. Until this court date, however the ex parte emergency custody order remains in place for the protection of the children, denying the spouse any interaction with their children, guilty or not.
Unfortunately, though these laws protect real victims of domestic violence, it is often found out in the court hearing that the allegations were registered falsely on the spouse as a divorce tactic, causing him or her to be alienated from their children for a significant amount of time. The supposed victim was making up a story to gain custody of their children, lying about the spouse and hurting the children's relationship with them. In most cases, the truth comes out in the court case but if you feel that this is something your spouse would attempt to do, take action to prevent any unfounded charges on you.
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