Falsely accusing someone of domestic violence might be unthinkable to you, but it is a real occurrence in many divorces each year. Typically, false allegations originate from women who are worried that they might not get a beneficial child custody outcome and decide to try to tilt the court in their favor by taking advantage of unfair societal biases against men. By claiming they or their children were hurt by their husband, even when they know this is 100% untrue, women who resort to this unjust tactic greatly increase their chances of getting primary child custody or financial advantage.
What are men supposed to do when they are labeled so negatively and without any warning?
There are a few things that can be done to fight a false domestic violence accusation:
. Consult with a criminal defense attorney: It is crucial to consult with an experienced criminal defense attorney as soon as you are made aware that the other party is accusing you of domestic violence. Your attorney can help gauge any potential criminal liability and what you should or should not say to the police or in your family law case.
- Collect witness testimonies: Neighbors, coworkers, family members, and close friends probably have a very good idea of your temperament and how you and your wife treated one another. If you a domestic violence accusation seems completely unrealistic to them, then ask them to say so in an official testimony. Character witnesses such as these can make a huge difference in family law and criminal defense cases.
- Refer to your clean criminal history: People who commit domestic violence tend to have a criminal history that includes similar violent crimes, like assault and battery. You can use your own clean criminal history as a piece of evidence to show the court that you do not have and never have had violent tendencies that would trigger a domestic violence incident.
- A lack of medical care for injuries like bruises, lacerations, broken bones, and the like can show that abuse has never been an issue for your wife. This is especially useful if your wife has decided to fabricate an extravagant story of domestic violence that caused severe injuries.
Keep in mind that some steps needed to use these defenses to the best of your abilities may not be possible due to a restrictive protection order filed against you by your wife. For example, you might not be able to speak to your kids for the time being to get them to explain that they never witnessed you acting in an abusive manner. It is in your best interests to first consult with a fathers’ rights attorney about what you can and cannot do to avoid further legal trouble and complications.
ADAM – American Divorce Association for Men – in Michigan is a law firm devoted entirely to representing men in divorce and other family law disputes. Since 1988, we have been protecting the rights of men and fathers in all sorts of cases, including those complicated by false accusations of domestic violence. You can trust in our team to be there for you whenever you need us, whether you require legal assistance or just some extra moral support during this trying time. We understand that men have just as tough a time with divorce as women, and we work each day to defeat the societal biases that say otherwise.
Call us at (248) 327-0050 to arrange a FREE consultation about the domestic violence accusations you face with our men’s divorce attorneys in Michigan.