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Could filing for divorce lead to false charges of domestic abuse?

On Behalf of | Sep 22, 2021 | Domestic Violence |

While the divorce rate in the United States is dropping for most demographic groups, every day there are husbands and wives filing for divorces from their spouses. In many cases, these splits can be handled civilly between the spouses or through professional mediation.

But there are also many exceptions, and here’s where it can get downright ugly. Sometimes, the couple cannot reach accord on matters of their divorce, or one spouse has a twisted wish to make their former partner miserable. In these situations, you could wind up facing false allegations of domestic abuse.

Be proactive from the start when falsely accused

While divorce is a civil matter handled in the California family law courts, being falsely accused of domestic violence can land you in the state’s criminal court system. For many spouses, this is the first time they have had to defend themselves against criminal charges.

So, while you may have one of the best family law attorneys in Southern California, the fact is that your divorce attorney is not a criminal defense lawyer. And make no mistake, that is exactly who you need at the helm of any criminal case that may arise from your divorce from your spouse.

Anticipate your spouse’s next move

Maybe they have threatened you with false charges before or their best friend attempted such a coup during their own divorce. If you have any inkling that your wife or husband is capable of such trickery, remember that forewarned is forearmed. Discussing any pending or present criminal charges with your legal advocate can help you avoid entirely or defend sufficiently such scurrilous allegations. This leaves your reputation intact and protects your rights to shared custody of any children from the relationship.