False Injunctions Against Domestic Violence

Domestic violence claims are very serious and can have long lasting repercussions in a divorce case. If your spouse seeks a domestic violence injunction against you, you may be temporarily or permanently forced to leave your home and have no contact with your spouse or your children. Friends and co-workers may suddenly avoid you. Your reputation can be ruined.

If you are guilty of domestic violence, this can be an opportunity for personal growth and change by learning appropriate ways to manage your anger.

But what if the domestic violence claims of your spouse are false? This can make an already complicated divorce even more volatile.  Worse, if a permanent domestic violence injunction against you is entered, even though you know the claims are false, the impact may be very negative on your divorce outcome.  You could even have criminal charges brought against you.

When your spouse’s domestic violence claims are false, you will be completely blindsided to learn that your spouse has a temporary domestic violence injunction against you. Even the most favorable outcome possible, i.e. the court’s denial of a permanent injunction against you, can still leave you barred from your own home and any contact with your spouse and children for the fifteen days it may take to have a hearing on the temporary domestic violence injunction entered against you.

So it’s very important to expose your spouse’s domestic violence claims as false claims to the court. If you don’t have a divorce attorney, consider it imperative to find an experienced domestic violence/family law attorney to represent you in the domestic violence proceedings. In the meantime, it’s critical to control your own reaction to the false claims. Certainly you may feel justifiably angry with your spouse for trying to gain a tactical advantage in your divorce in this underhanded manner. But now it’s more important than ever to conduct yourself in a calm, rational manner.

In other words, don’t take the bait to blow up and then look bad in court.  Read the injunction against you very carefully and strictly follow every provision included in the injunction. For example, if the injunction prohibits you from talking with your spouse, don’t answer your phone when you know it’s your spouse calling. If you mistakenly answer the phone, hang up immediately and contact your domestic violence/family law attorney for further instructions.

If you are the victim of false domestic violence claims against you, contact an experienced domestic violence/family law attorney immediately to protect and understand your legal rights.  Don’t let a permanent domestic violence injunction be entered against you when your true conduct doesn’t support the false domestic violence allegations of your spouse.

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