Domestic Violence: A Driving Force in Divorce and Child Custody

Family law issues are always difficult to go through. Emotions are typically high, and people who once cared for each other find themselves at odds. Unfortunately, issues become even more problematic when someone makes allegations of abuse. In fact, domestic violence can have a direct impact on divorce and custody issues.

This may seem surprising to some. Many would argue that such allegations should not affect the fair administration of law. This becomes particularly troublesome when false domestic violence claims are made to secure better outcomes in child custody and divorce cases. This is why it’s critical to understand how these issues intersect.

How Do Domestic Violence Allegations Affect Divorce?

When someone accuses their spouse of domestic violence, the process of ending a marriage can look very different than a traditional divorce. In some jurisdictions, these allegations can even be used to file for a fault-based divorce — which can negatively affect the rights of the accused going forward. Criminal proceedings and restraining orders may also be involved.

Allegations of abuse can also affect financial issues following a divorce. For instance, judges in certain jurisdictions will have to consider the accusations when handling the division of marital property. The alleged victim often gets a larger share of assets. Courts may also award higher alimony payments if they believe the paying spouse abused the recipient.

How Do Domestic Violence Allegations Affect Child Custody?

Family law statutes can have significant variations based on jurisdiction. For instance, divorce laws in Michigan can vary drastically from those in California. However, courts in all jurisdictions are expected to make child custody decisions based on what’s in the best interest of the child. This can raise major questions when allegations of abuse exist.

Put simply, domestic violence impacts custody because courts worry about placing children with someone who could potentially be violent. Sadly, a significant portion of false allegations against fathers are direct attempts to affect child custody outcomes. Courts are more likely to limit an alleged abuser’s access to their child.

Such limits could include unfavorable custody decisions, strict parenting plans, and even the potential loss of all parental rights. This can be particularly stressful for individuals who made a single mistake — or those who are being falsely accused. Anyone in such a situation needs to understand their rights and how to protect them.

What Happens When False Allegations Are Made?

Domestic violence can impact divorce and custody issues significantly. Unfortunately, domestic violence statistics show that things aren’t always as they seem. For instance, did you know that up to 10% of Americans have been falsely accused of abuse? Did you know that 73% of male domestic violence victims have been threatened with false allegations by their partners?

Such legal issues are not always as cut and dry as we might hope. If you’ve been falsely accused of domestic violence, it’s critical that you speak with an attorney. More importantly, never simply accept a plea deal. Prosecutors may try to convince you that doing so is in your best interest, but agreeing to such a plea means you’ll forever be labeled as an abuser. This is catastrophic in family law.

Of course, it may be too late for some to avoid such an outcome. Perhaps you accepted a plea deal without understanding the full repercussions, or maybe the court system unfairly ruled against you. Regardless of your underlying situation, you should contact a family law attorney that focuses on men’s and father’s rights. This could prove crucial in securing a fair outcome.

What Should You Do if Falsely Accused of Abuse?

If you’re facing false allegations of domestic violence in divorce or child custody issues, working with an attorney is in your best interest. However, there are also some steps you can take on your own. Your ability to abide by these strategies will have a major effect on any eventual criminal case or family law outcome.

Keep the following in mind once you know false allegations are being made:

  • Remain calm and avoid direct contact with the accuser
  • Document everything — including all interactions with the accuser and evidence that supports your case (e.g., emails, voicemails, text messages, social media content)
  • Gather witnesses who can testify on your behalf and ask them to provide written statements
  • Secure your environment by staying in a safe location and updating passwords for all your email, social media, and other accounts to ensure privacy
  • Consider filing a police report if you’ve been falsely accused
  • Maintain good behavior at all times
  • Stay informed and educated about your rights
  • Seek support from trusted individuals and legal professionals

It’s disheartening to know that false allegations ever occur, but it’s downright tragic to realize how frequently they happen in family law cases. Put simply, it’s common knowledge that domestic violence impacts divorce and child custody — so some people are willing to use these allegations as a weapon. If you’ve found yourself in such a situation, it’s important that you know how to move forward in your case.

What Should You Do During a Family Law Case?

If you find yourself embroiled in a divorce or child custody case, it’s important to seek out legal assistance. While there are some straightforward ways to handle these cases — such as by using collaborative law strategies — the opportunity for such an approach goes out the window when allegations of abuse have been made.

If you’re the individual accused of domestic violence, you need an attorney on your side that focuses on men’s and fathers’ rights. Legal professionals who handle such cases have the knowledge and experience necessary to fight for a favorable outcome. At the American Divorce Association for Men, we’re here to help. Contact us at 248-290-6675 for a free initial consultation.