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The Impact Of False Domestic Abuse Allegations

By Author: Jeffrey DeRoberts
Total Articles: 2

A common feature among adversarial spouses going through a divorce is making false claims with regards to the manner in which one spouse treated the other. In some cases a simple touch of the arm during a heated argument can later be misconstrued into a violent act and deliberately misrepresented in court. This article will discuss false allegations of domestic abuse claims that can arise during a divorce and their impact.

If a divorcing parties’ relationship is extremely strained and adversarial, it is common for simple actions to be deliberately misrepresented in court, as a way to spite one of the divorcing parties. Unfortunately, the results of such misrepresentations could be that the accused parent may be removed from the family home and temporarily or permanently prevented from seeing or spending time with his or her children. It must be noted that allegations of domestic violence or abuse that arise as a part of divorce and separation proceedings are very common. In some cases, such allegations have the proof of facts and evidence and as a result family courts must take these allegations into consideration during important decisions of child custody and support. However, in the majority of cases it is one party attempting to use such false allegations to their advantage as a way to ‘game the system’. It may seem easy to play the court against its own standards with regards to domestic violence and child custody with the parent’s endgame being to be in a better position of getting full physical and legal custody of their children as well as keeping the children from the other parent.

Generally, it is important to realize that there are state and federal laws in place that provide for physical abuse including harassment, intimidation and generally interfering with someone else’s personal liberty. As a result, once an allegation of domestic abuse or violence has been made, because of the seriousness of such an allegation, a judge can issue an emergency order of protection. In addition, the legal standard of issuing such an order is very low considering the impact such an order may have in the short and long term. The impact of a protective order can be far reaching in a separation, divorce or child custody proceeding and clearing one’s name is of the utmost importance. By having an order of protection issued it means that the accused person needs to leave the family home and is prevented from having any contact with the accuser or the children. The term ‘contact’ extends to the accused asking a friend to speak to the accuser on their behalf.

In addition, the results of an allegation of domestic violence or abuse could be supervised visitation, however, in most cases the accused is kept apart from their child as well as the accusing parent. While the court frowns upon allegations of domestic abuse and violence, it must be noted that the court takes the allegations seriously but not at the word of the accuser. As a result the court will conduct a thorough investigation into the accusations. Therefore, find representation for family court in Oswego NY.

Resource Box: Are you going to attend a family court in Oswego Ny soon?The author recommends the name of De Roberts Law Firm for those looking for family law attorney in Syracuse NY.

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