Domestic violence is a serious issue in America and across the globe in general. There are millions of men and women across the country that face dangerous abuse on a daily basis, and this abuse affects the lives of children and other family members in serious and lasting ways. A major problem with domestic violence and the related crimes lies with the reporting of these crimes – millions of incidents take place every year that go unreported and undocumented as a result of fear and intimidation by the abusing partner or other family members.
To combat this reporting issue, states across the country have passed laws that make it difficult for intimidators to exert force upon the abused, and laws that require automatic arrests for involved parties once the police have been called. These laws have helped save thousands of lives and have removed abusive individuals from our streets, but there is also a dark side – conniving individuals can use these laws, that were created with the best intentions, to take advantage of partners and spouses during child custody and divorce proceedings.
Why Would Anyone Make a False Domestic Violence Claim?
During divorce proceedings and child custody cases, lawyers on both sides will attempt to delegitimize the opposing spouse to their client’s benefit. This may sound callous, but this is fair and understandable in the court of law. There is however, a big difference between providing and presenting evidence in a case, and attempting to manufacture evidence to your own benefit. It may sound crazy, but false domestic violence allegations are a proven occurrence and a sad reality, but one that we must unfortunately live with and fight vigilantly against. Those individuals who attempt to make false domestic violence allegations are not only breaking the law, they are delegitimizing the allegations that the truly abused make, making it more difficult for the abused to be adequately treated and heard.
People lie and cheat for many reasons, and when we look at the stakes involved during a child custody or divorce case – your family and your money – there is ample reason for a less morally obligated individual to lie or cheat to their advantage. Making a false domestic violence claim and successfully getting your spouse charged would give you all the ammunition you need in the court room to secure full custody. During a divorce proceeding, a false claim could get the “abused” spouse a greater amount of alimony, or a restraining order that could complicate a custody agreement. The unfortunate truth about the world we live in is that if the motive is there, the crime will soon follow.
What To Do If a False Claim Has Been Made Against You
If you suspect your spouse of attempting to set you up, or they have been making unfounded claims of abuse to friends and family, they may be making these moves in anticipation of a divorce filing, and it is imperative that you seek the guidance of an experienced family law lawyer in Santa Barbara. You must take action before it is too late – An experienced attorney can utilize the investigators and litigators necessary to make sure that the evidence of, and motivation for, fraudulent claims against you can be properly documented so they cannot be used against you during divorce proceedings. If a formal charge is brought against you for domestic violence, our family law lawyer in Santa Barbara can help secure you representation from a criminal defense attorney.