Has your Spouse Falsely Accused you of Abuse During Divorce Proceedings?

Getting a divorce can be a tricky business, and never more so than when one party makes derogatory claims against another. If an individual chooses to defame his or her spouse in order to gain some advantage in divorce negotiations, what recourse does an innocent spouse have? After all, domestic violence is a serious issue in this country. But what if the claims are false? For answers to these and other divorce questions, a consultation with a local attorney is a good idea.

False Claims of Abuse = Protective Order Against You 

If you are being accused of abuse, it is possible that a protective order may be issued against you. According to the Mayor’s Office of Criminal Justice, a temporary order may be issued against you with relatively little effort. Your spouse must simply file a Petition for Protection and provide a judge with a reasonable explanation as to why they feel they need protection from you.

If granted, you will be prohibited from contacting your accuser, and must move out of your shared home. The judge has the option to grant your accuser temporary possession of the home and temporary custody of your children. The interim order will last for up to seven days, at which time a final hearing will occur. Then, evidence from both sides will be presented, and the judge will determine whether or not a Final Protective Order should be issued. If it is, you can be ordered into counseling, and may be required to surrender any guns in your possession. Additionally, you may be required to provide financial support to your accuser, as well as the temporary use of a vehicle.

Defending Against Fabricated Charges 

Your experienced attorney will have a number of strategies to defend against these false claims, starting with gathering evidence to refute them:

• Are there medical records that have been twisted to make you look guilty of causing injuries? There must be evidence to indicate what really happened.
• Are there texts, emails, pictures or other documents that demonstrate your true nature?
• Can alibi witnesses place you far away from incidents in which you were implicated?
• Are there friends, neighbors, or family members who have witnessed your relationship and who can testify as to the nature of it? Can they clarify what really happened in specific incidents under contention?
• Does your spouse have any motivation to malign your reputation? Is it a response to jealousy over a purported affair on your part? Is it a way to get leverage and deprive you of access to your children?
• Is there evidence to indicate that your spouse is unstable, or has a history of deceptive practices?

Protecting Your Future 

Defending against false claims of abuse is tantamount to protecting your very future.  Your sullied reputation could lead to significant changes in your professional and personal life. But with the assertive, ethical legal team at the Law Office of Hasson D. Barnes on your side, the opportunity for a positive outcome is real. Contact our Baltimore office today for a consultation to discuss your circumstances.

Resource:

mocj.baltimorecity.gov/domestic-violence-resources/protective-orders