False Allegations Of Domestic Violence In Divorce: Protecting Your Rights In Alameda County, CA.

In this article, you can discover…

• What to do if you are falsely accused of domestic violence during a divorce.
• The types of evidence that can counter false domestic violence claims.
• How an experienced attorney can help you if you’re facing false or exaggerated accusations.

What Steps Should I Immediately Take If I Am Falsely Accused Of Domestic Violence During A Divorce?

First, you should hire a lawyer, as an accusation of domestic violence will require a trial. If you don’t wish to hire a lawyer, I strongly suggest not filing a response to the accusation of domestic violence. This gives the judge too little information to work with and may force a hasty judgment that will likely not be in your favor.

Instead, show up in court, request a long cause trial or evidentiary hearing locate and compile evidence and witnesses in your defense, reach out to witnesses who can vouch for you get police reports and bodycam footage , and prepare for trial.

How Do California Family Courts Investigate Domestic Violence Accusations During Divorce Cases?

California courts do not investigate allegations of domestic violence. Instead, an allegation against you is filed by the other party (without your knowledge), and the judge reads it. If the allegation seems credible, the judge will hand down a temporary restraining order, requiring you to stay away from the person who filed the complaint. Next, a trial will be needed to determine if the restraining order should be long-term.

What Types Of Evidence Can Help Defend Against False Domestic Violence Allegations?

Phone records, text messages, police reports, medical records, sign-in sheets verifying your location, and eyewitness accounts can all be helpful.

Unfortunately, neither the police nor the courts will investigate a domestic violence allegation to prove if it is true or not. They’ll either make an arrest or hand down a restraining order. It is your job to compile records of your location, communications, and actual behavior to prove your innocence.

When you receive a hostile text message, save it and print it. Any evidence that can help verify your location (such as records of your clocking in when your accuser claims you were present with him/her) should also be identified and preserved.

Can False Accusations Of Domestic Violence Affect Property Division, Custody, Or Spousal Support?

Yes, they certainly can. If the court believes that you are guilty of domestic violence due to a lack of evidence in your defense, it will be automatically presumed that you should not have custody of your children. If you have already received full custody, a false domestic violence accusation could cause the court to award custody to the other parent.

If you own guns, you will no longer be able to own them and will have to surrender them. If you received spousal support from the other party, the courts may rule that you can no longer receive it. It’s a very big deal.

The best way to overcome these presumptions is with facts, compelling evidence to the contrary, and a strong legal defense.

How Can Hiring An Experienced Family Law Attorney Help Defend Against False Allegations?

An attorney can make all the difference in fighting false allegations of domestic violence.

I once helped a gentleman whose wife falsely accused him of domestic violence. She had spent weeks trying to carefully turn her sons against their father and coach them on what to say should the police ever turn up.

The father, my client, slept in a separate bedroom, and his wife stole personal items from his room, forcing him to come verbally confront her. During this argument, she claims he attacked her and injured her so badly that she couldn’t walk.

He had criminal domestic violence case that arose out of the civil case. He hired me, and I obtained and reviewed the police body-cam footage. They showed her sitting on the stars, then leaping up to retrieve documents when requested by the police. Yet she had claimed she was badly battered and couldn’t walk.

He had criminal domestic violence case that arose out of the civil case. He hired me, and I obtained and reviewed the police body-cam footage. They showed her sitting on the stars, then leaping up to retrieve documents when requested by the police. Yet she had claimed she was badly battered and couldn’t walk.

We were able to subpoena and present this evidence, and no restraining order was issued against him. He received joint legal custody and joint physical custody (50-50).

That’s what a lawyer can do for you. They can go beyond the police report to find evidence that can completely change the course of your Family Law case and your future.

Still Have Questions? Ready To Get Started?

For more information on False domestic violence claims during a California divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (510) 213-7665 today.