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Addressing allegations of domestic violence during divorce

On Behalf of | Apr 13, 2020 | Domestic Violence

Not all love is created equally; however, there is a general consensus that love should not hurt. In other words, in a marriage or a relationship, one or both persons involved should not experience physical, emotional, mental or financial abuse. When domestic violence occurs in a marriage, it can create a very complex and challenging matter. Nonetheless, allegations of domestic abuse are not always based on the truth but are rather used as a mechanism of retaliation and intimidation.

Domestic violence is defined as any violent or abusive act that is committed by a family or household member. This means that such acts are not only committed by one spouse against the other spouse. These incidents could involve children, parents, siblings and other individuals living in the household. However, this post will focus on domestic violence occurring between intimate partners. These allegations typically involve repetitive physical and psychological abuse and a cycle of violence.

When allegations of domestic violence are made, the charges that result are dependent on the severity of the victim’s injuries, whether they are physical or psychological, if a minor was present during the alleged events and whether a protective or restraining order was violated.

Because domestic violence is often viewed as a specific or distinct crime, the accused is likely charged with domestic violence instead of facing other crimes, such as assault and battery. However, one may be charged with both domestic violence and another crime, such as assault and battery. Additionally, the penalties associated with domestic violence are often harsher than other assault-type crimes, as a sentence seeks to provide protection for past and potential future victims.

Understanding the facts surrounding the allegations of domestic violence is key to a defense against these charges. When such claims arise during a divorce, it is important to understand how these assertions could significantly impact the outcome of a divorce settlement. One major area of impact is child custody. This factor may be a reason for these allegations, which in turn, could assist with a defense strategy.

Being accused of domestic violence or having a restraining order against an individual based on allegations of domestic abuse can be significantly disruptive to a person’s life. Thus, it is important to understand what defensive steps could be taken. Doing so not only helps reduce or eliminates the penalties one could face but could also help alleviate any damage caused to one’s personal and professional reputation.