Personal Injury Attorney

One of the most tragic false accusations that someone can pin on their divorcing spouse during the divorce process is domestic violence. Domestic violence is a crime of a violent nature, that usually entails behavior such as stalking, battery, assault, harassment, or intimidation inflicted on a family member, romantic partner, or cohabitant. A spouse who goes so far as to lie about being harmed by their spouse can wreak havoc on their divorce settlement. Here, we have talked further about such false accusations and how a lawyer can help come to your defense.

Defenses for Domestic Violence

Those who are arrested for domestic violence must remember that they are not automatically deemed guilty by the court. While the judge may become cautious of you after hearing about the arrest, your case is not entirely lost. There still is hope for clearing your name if you have the right lawyer representing you. Your lawyer can try to show how the prosecution has not brought forward sufficient evidence to convict you of the crime beyond a reasonable doubt. In order to establish the strongest defense strategy for you, it is imperative that you are honest with your lawyer.

Other defenses that your lawyer may use include:

• You just didn’t do it (whether you were there and the harm was accidental or your spouse was harmed in another way)
• Your spouse lied about the incident and fabricated the story
• You were in another location when the supposed incident occurred (establishing an abli) 
• You were acting in self defense (your spouse was threatening your safety and your behavior was in response to fear)

How Tensions Build During Divorce

When two spouses are going through divorce, the tensions between each other can continue to build. If the spouses are still living in the same home as the divorce is proceeding, they are likely to get into very heated arguments. Divorce has a way of bringing out intense emotions in people, understandably, such as anger, resentment, fear for the future, and unresolved past conflicts.

If one spouse is worried that they are losing in their divorce case, they may stoop so low as to report the other for domestic violence when it never really happened. A criminal defense attorney, like a criminal defense attorney in Fairfax, VA, can work to advocate on your behalf and show how your spouse made up the story to seek revenge against you during this time.

Acting in Self-Defense

If one of these arguments tips over into violence, one spouse may feel threatened for their safety. It is a natural human instinct to either fight or run away from something that is causing us fear. If you acted in self-defense because you felt as though if you didn’t your spouse would have seriously harmed you, let your lawyer know during your first consultation. Your lawyer can provide information on how to file a temporary restraining order if needed, to ensure your safety as the divorce process continues. If you have any shared children together and are worried about their well being, then you must take action to protect your family from a hostile divorcing spouse. 

Thanks to May Law, LLP for their insight into how to handle a criminal defense case if your ex spouse makes a false accusation about you.