Domestic violence is a significant societal problem. In some instances, with divorcing or separating parties, disagreements can escalate. These disagreements can then escalate in some cases to domestic violence situations.
Certainly, courts need to protect victims of domestic violence to make sure it does not occur. Divorcing or separating parties need to feel safe. Their children also need to be protected and kept safe. In these instances, parties have the ability generally to request an order of protection or restraining order.
In cases where domestic violence has occurred, it is important that appropriate action be taken to protect the victims. In many of these cases, this may mean the party who has committed the acts of violence will need to leave the home and/or not abuse, threaten to abuse, stalk or harass the victims. In some cases, the children may need to be placed with the non-abusing parent.
However, in some circumstances, false allegations of domestic violence can be brought so that one party can gain an advantage. In these circumstances, false allegations can be brought so that a party can have the other party removed from the home. The motivation could also entail getting a favorable custody or support ruling quickly out of the gates.
The dilemma for courts is that it can often be hard to tell when false allegations are being brought. In many of these circumstances, a court may need to look at the past to see whether there has ever been any history of violence in the past. If there has been violence in the past, these claims can often be found to be more credible.
Courts may also want to look toward objective evidence of abuse. In other words, is there objective evidence of physical injuries? Was there property damage? Are there third party witnesses can substantive the domestic violence? Does the alleged perpetrator have a criminal history involving violence or prior orders of protections or restraining orders against them?
On the flip-end, does the alleged perpetrator have objective evidence or witnesses to show that they did not commit the acts alleged? In some cases, this can be shown conclusively and the false allegations can be refuted through objective evidence. Take a case where one party alleges they were threatened over the phone, but yet the phone records show that no call was ever made.
If you are the victim of false domestic violence accusations, Stange Law Firm, PC can help. You can call us at 1-855-805-0595.