Pressing charges for domestic violence ensures victims can leave unsafe situations and have the resources they need to start over. Unfortunately, there are times when a vindictive spouse may make false domestic violence claims during a divorce proceeding to get back at their ex and steer proceedings in a way that solely benefits them. These false accusations place undue strain on divorce and criminal proceedings and raise tensions with everyone involved. When unfair claims of domestic violence are made against you, it’s vital to contact an experienced family law attorney to help defend yourself and set the record straight. At Remsen Family Law Firm, we work with both men and women who have had false domestic violence claims made against them. Here are some potential defenses we’d use to build your case and maintain your reputation.
False Accusation
This is the most suitable defense for a false domestic violence claim. Your ex-spouse may have made the accusation to have the divorce terms set in their favor, such as being awarded sole custody of the children and having limited contact with them. However, you cannot just state that it’s a false accusation. You’ll need to show proof of your upstanding character and how you are incapable of acting out such heinous behavior. If you can prove that your ex intentionally made a false claim against you, they may be subject to the penalties you would have received if convicted of domestic violence.
Lack of Evidence
While domestic violence charges rely heavily on witness accounts and testimony, there should be some physical evidence to corroborate a story involving domestic violence. The most reliable types of evidence are documentation from law enforcement officials and medical professionals, such as a police report from a house call about a domestic violence situation or hospital discharge papers that detail treatment for cuts, bruises, and lacerations. Other evidence could include logs of domestic violence incidents, testimonies from witnesses and neighbors, or video and audio recordings of aggressive acts. The case may be dropped if there is no evidence that the events occurred.
Self Defense
According to Florida law, you can defend yourself and others from the immediate threat of danger or great bodily harm without retreating. If you were involved in a physical altercation with your spouse and both engaged in fighting, you could show that your actions were to prevent further escalation of the conflict.
How Domestic Violence Charges Affect Divorce Cases
Domestic violence charges are serious and come with severe consequences that will affect most aspects of your divorce. Here’s how domestic violence allegations affect your divorce:
- Time-sharing—Your ability to see your children overnight and for unsupervised visits may be eliminated.
- Spousal support—If your abuse placed an undue financial burden on the household, you may be ordered to pay a significant sum in alimony in addition to child support.
- Property distribution—If abusive behavior caused property damage or misuse of funds, your ex may be entitled to a larger share of the marital estate in a divorce.
Defending Domestic Violence Charges with Remsen Family Law Firm
Our legal team at the Remsen Family Law Firm represents both men and women in Central Florida who are defending themselves against domestic abuse allegations. We are here to help you through this challenging process and will advocate for your rights while compiling a well-researched case with your best interests in mind. Contact us today for a consultation.
