Domestic violence occurs at an alarming rate. The National Domestic Violence Hotline reports that an average of four individuals each minute are victims of rape and domestic violence. Unfortunately, it is also becoming a more common occurrence for one spouse to falsely accuse another spouse of domestic violence so that the accused spouse will be removed from the marital home. Even worse, sometimes parents make up accusations about physical or sexual harm done to a child by the other parent to gain an advantaged in a custody dispute. If you are a parent who has been falsely accused of abusing either your former spouse or children, you are facing some life-changing consequences. As a result, it helps to understand in advance some of the important details about false domestic violence allegations.
Minimal Evidence is Required to Obtain a Protective Order
If a former spouse wants to obtain a protection order you, he or she requires little evidence to obtain one. You will not have the opportunity to defend yourself before these orders are granted. A protection order can be granted even if you do not have a history of violence. In some situations, people are served with protection orders without even being aware that charges have been filed against them.
To decrease the number of false domestic violence claims that are made, Georgia has created laws that attach penalties for making false accusations of domestic violence. Classified as a misdemeanor, making false claims in Georgia can result in a person facing up to one year in jail.
False Allegations can Damage Your Reputation
Even if it is discovered that the domestic violence claims are false and a person is cleared of any charges, allegations still have the potential to still show up on criminal background searches and can cause difficulty in pursuing career and other types of goals. Many people also find that false allegations of domestic violence can greatly impact their reputation in their community. Sometimes, individuals who are alleged to have committed domestic violence even end up being harassed by others, losing their jobs, and being the victims of property vandalism.
Act Promptly When Responding to False Allegations
If you have been subject to false claims of domestic violence, it is a good idea to quickly take immediate steps to defend yourself. In these situations, you should not hesitate to speak with an experienced family law attorney and inform the lawyer about the various details surrounding the protective order. You also should immediately begin to take the steps necessary to gather evidence that portrays you in the best possible light and suggests that you did not commit the offense in question.
Speak with a Knowledgeable Family Law Attorney
If you have are involved with a former spouse who is attempting to lie or distort information so that it can be used against you, it is imperative to quickly obtain the assistance of a seasoned attorney. Contact Vayman & Teitelbaum, P.C. today to schedule an initial free case evaluation.