Fighting False Allegations of Assault During Divorce and Child Custody Proceedings

Legal Tips and Resources

When you are going through divorce and child custody, your life is already extremely stressful. You have likely retained an attorney and are hoping to get through this divorce as quickly as possible. However, when the question of child custody comes up, your spouse may suddenly bring up allegations of assault. When this is the case, it can negatively impact the different decisions included in your divorce case as well as the court’s decision on child custody. Thus, you want to ensure you have the legal representation necessary to ensure any false allegations of assault get disproved as quickly as possible. Attorneys can help you with your case. They strive to give their clients the best opportunity possible when they are faced with these kinds of situations, and don’t believe you should live with these false accusations. For more information, please call today.

What can false accusations of assault do during the divorce?

If you were falsely accused of assault by your spouse, this can have an impact on your life even during the divorce. It may mean that you are forced out of your home or that you are unable to see or contact your children. While the court may do this to ensure the safety of your children, it can be devastating when there is a lack of evidence. So, when accusations arise, you must be prepared to act quickly and speak candidly with your lawyer about your situation so that it can be resolved as quickly as possible.

I would never hit or hurt my spouse. How can they accuse me of assault?

Unfortunately, this is seen many times during divorce proceedings, and it is important to note that physical contact is not the only form of assault. Any threat that makes a person feel as if they or their family are in danger can be considered assault. Even if this did not take place, a court takes verbal assault very seriously and will likely attempt to avoid a physical altercation even if you do not have a prior history of assault or violence.

How to Fight These Allegations

When you are in this situation, it can feel like you are guilty until proven innocent. But there are steps to take that can help you reclaim your reputation and continue the divorce and child custody proceedings in a civil fashion.

  1. Get Legal Help Now. Never wait to get the legal representation you need. The sooner you call us, the sooner we can establish a plan of action.
  2. Prepare Your Evidence. This may be in the form of recordings, texts, or emails. Anything you may have that can prove your side of the case can be helpful. Further, gathering witnesses who will testify on your behalf can establish a good character and even an alibi.
  3. Compose Yourself. Do not laugh or argue at the accusations. Instead, show the judge that you are emotionally composed and have a calm demeanor.

False assault accusations are harmful to anyone, but they can feel particularly harmful when you are going through a divorce and seeking child custody. For more information on how a law firm can help you, call a criminal defense attorney in Redwood City, CA now; don’t wait.

Thanks to The Morales Law Firm for their insight into criminal law and false assault allegations during divorce.