Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.
Photo of Kenneth L. Gibson Jr.

Has your divorce taken a turn with accusations of abuse?

On Behalf of | Sep 11, 2018 | divorce | 0 comments

As complicated as your marriage was to begin with, your spouse just took it to a new level of complexity. Whether he or she truly perceived that you intended to cause harm or your spouse simply wanted to make your life as difficult as possible, when the police became involved, the situation took a turn for the worse.

Facing charges of domestic abuse is nothing you should take lightly. The serious nature of the accusations results in immediate consequences that you will likely find difficult to rise above without a strong legal advocate.

The consequences of false domestic violence charges

False charges of domestic violence can seem like the ultimate act of revenge. Spouses who level such accusations against their partners often know the damage they can do because the laws in Kentucky and across the country err on the side of the victims of abuse. State and federal definitions of abuse are broad and include feelings of harassment or intimidation your spouse may claim to have when you are around.

It is not unusual for one spouse to intentionally misuse charges of domestic violence to gain an unfair advantage during an especially contentious divorce and custody battle. Some of the consequences you may expect if your spouse accuses you of domestic violence include the following:

  • Police may arrest you and remove you from your home immediately.
  • The court may issue an order of protection preventing you from contacting your spouse or children in any way.
  • Violating that order of protection, even by sending a message to your family through a mutual friend, may result in your arrest that could lead to a fine and jail time if a court convicts you.
  • Accusations of domestic abuse can irreparably damage your reputation and may jeopardize your career or job prospects.
  • Domestic violence charges can dramatically affect your chances of getting a fair custody order and may prevent you from getting even visitation time without supervision.

Actions of law enforcement and the courts are swift and often require little to no evidence that you have committed a crime. That is why you must be just as swift in working to clear your name and resolve the situation as favorably as possible. Your own calm and reasonable behavior during the ordeal is essential, but it may be especially important for you to reach out to a skillful and experienced attorney.


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Photo of Kenneth L. Gibson Jr.