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False Domestic Violence Allegations: How You Can Avoid Wrongful Allegations
Laws that protect people from domestic violence and help victims are incredibly important. The expansion of women’s rights and the growing tendency to believe the victims of domestic abuse are both extremely socially beneficial and important.
Unfortunately, some people try to use false allegations of domestic violence for their own selfish ends. People who do so undermine the pain and suffering of actual victims.
So what should you do when you’re faced with a wrongful allegation? Read on to find out more.
False Allegations in Divorce Cases
Consider the following example: John was married to Susan. After several years of marriage, John learned that Susan was having an affair. John reluctantly decided to file for divorce.
During the divorce process, John was informed that Susan was accusing him of domestic abuse. Even though this claim was entirely false, John agreed to a settlement to keep the allegations from becoming public. As a result, Susan secured their home and full custody of their children.
Cases like this should never happen. Unfortunately, sometimes ex-spouses use well-intentioned domestic violence laws to leverage their own position during divorce negotiations.
Understanding the Concept of Domestic Abuse
To effectively counter false allegations, you need to understand what constitutes domestic abuse. Legally speaking, there are three primary categories of domestic abuse.
These categories are:
- Sexual violence
- Psychological violence
- Economic abuse
These are the most obvious and explicit forms of domestic abuse. However, there are many less clearly violent actions that still qualify as domestic abuse.
- Not permitting your partner or spouse to gain employment
- Threatening to cause damage to something valuable, such as family pets or expensive property
- Manipulating a partner or spouse using guilt
- Forcing or coercing a partner or spouse to engage in non-consensual sexual acts
- Mocking or humiliating your partner
- Performing sex acts while your partner is asleep (i.e., non-consensual sex)
- Manipulating or verbally abusing your partner
- Intentionally damaging your spouse’s self-confidence
- Forcing your partner to ingest drugs or alcohol
- Public humiliation or mocking
- Calling your partner offensive or vulgar names
- Shouting at your spouse
- Violating your partner’s privacy by going through their things (for instance, checking their phone without permission)
- Socially isolating your partner from their friends or family
All of these cruel actions qualify as domestic abuse.
When you are having an argument with a partner, it is very important to not engage in any of these behaviors. Remember, your reputation and freedom may be at stake.
Avoid Escalation of Arguments
Arguments and disagreements are inevitable parts of any human relationship. However, it is very important to avoid escalating the emotional tension of any argument with a spouse or partner.
Always do your best to avoid yelling or using derogatory language when speaking to your partner. If you find yourself in an argument, do your best to de-escalate the situation. Disagree calmly and attempt to find win-win solutions to common problems.
De-escalating arguments with your spouse or partner is not only the right thing to do; it is also in your own self-interest.
Build a Strong Defense
If you are concerned that a partner or spouse plans to falsely accuse you of domestic abuse, prepare your case as early as possible. Be proactive and gather evidence.
Be sure to document any of your partner’s unreasonable behavior or vengeful words. Keep any relevant text messages or emails. Evidence of your partner’s vindictive intentions can help to clear your name if you are falsely accused.
Additionally, this evidence may help to expose the real reasons for the allegations. Perhaps your accuser hopes to receive more in a divorce settlement, gain custody of children, or suffer from a mental health issue.
Speak to any friends and family who have knowledge of your situation. It is crucial to secure witnesses who can vouch for you and affirm your integrity.
Some potential examples of witnesses include:
- Family friends
- Coworkers and colleagues
- Nannies and other childcare providers
When friends and neighbors speak positively about your character, it can help to undermine the false accusations that you face.
Change Your Online Login Information
Changing your login information is incredibly important if you have been falsely accused of domestic abuse. Almost any piece of evidence can be used against you in court.
You should not allow your ex-partner to have access to your social media, bank accounts, local computer files, cell phone accounts, or any information that they might use against you.
Examine Your Behavior
Sometimes false allegations of domestic violence can turn friends and family members against you. It is important to notify your friends and family if you are afraid that you will be falsely accused.
Showing people in your life that you are a good person by actually being one is the best defense against untrue accusations. Avoid the abusive behaviors discussed above at all costs.
Most importantly, speak with an experienced legal professional to effectively undermine false domestic abuse accusations.
Contact Our Divorce Law Firm in Orlando, FL
Contact the experienced Orlando divorce lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.
McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803