Domestic violence is defined as a criminal act against someone in which
you share a close relationship with, whether that person is a spouse,
family member, or close friend. With instances of domestic violence increasing,
these charges are taken seriously by the law. Unfortunately, innocent
people can be accused of this crime. This oftentimes happens in instances
of divorce when one spouse is seeking a larger alimony payment or seeking
full custody of the couple's children.
When you have been accused of domestic violence, one of the steps that
may be taken against you is the acquisition of a restraining order. This
restraining order is a legal document that can prevent the accused abuser
from coming near the alleged victim, require them to move out of the home,
and even pay child and spousal support. But what happens for those that
have been unfairly accused of domestic violence?
Do I have a defense for domestic violence allegations?
Luckily, when a restraining order has been filed, there is an opportunity
for you to defend yourself against the claims that have been leveled against
you. The first restraining order will be temporary until a hearing has
been held for both parties.
At this hearing, you can bring evidence to show a few defenses:
- Wrong suspect
- False accusations
- Consent to the act
- Lack of proof
If you can prove that you have been wrongly accused, the judge will drop
the restraining order against you. This means that you will not have to
pay temporary spousal support for a spouse making false accusations against you.
Wondering how you may be affected by claims of domestic violence? An attorney
at The Leavitt Law Firm can stand on your side against false allegations.
Call our firm for a free consultation right away.