The connection between domestic violence and divorce is one that psychologists continue to explore. One thing that is not often discussed is how false allegations of domestic abuse can negatively affect a divorce or custody case. Being accused of domestic violence is stressful and can play a major role in your case, but embarrassment often keeps adults from revealing these accusations to their lawyer. Understanding why your lawyer needs to know about domestic violence accusations can make it is easier to broach a difficult subject.
Protection Orders
During a divorce, you still have the right to access joint property including your marital home. That right to continue living in your home can be taken away if your former partner or spouse obtains a protective order against you. Minimum evidence is needed for a person to obtain an emergency protection order against you on his or her behalf or on behalf of mutual children. These orders prevent you from entering your home, approaching your children, and contacting your former partner directly. An attorney representing you needs to know about the existence of any orders so that he or she can prepare for any hearings related to the order.
Accurate Advice
An attorney representing you gives legal and practical advice based on the information that is presented. Once domestic violence allegations are made or a protective order is in place, the complexity of your case changes. Certain options such as no longer paying for your spouse’s car loan and disconnecting utilities that are in your name are not available to you if a protective order is in place. If you keep vital information from your attorney, they may give you advice that is not practical or violates the terms of an order that the attorney does not know is in place.
Finances
Being forced to leave a marital home while continuing to financially support the marital household can place a serious strain on your finances. Divorce and custody disputes are expensive under the best of circumstances, but the strain that comes from suddenly having to relocate makes things much harder. Once a lawyer is aware of the impact accusations is having on your finances they may suggest settlement options that allow you to come to an agreement faster. A prolonged divorce or child custody battle is expensive under the best of circumstances and if your finances have suffered because of a domestic abuse allegation it may be in your best financial interest to resolve things as quickly as possible.
Get the Advice You Need
Allegations of domestic violence or abuse during a custody dispute or divorce are often devastating. Not being able to spend time with your child, finding yourself forced to have supervised visits, and having to attend hearings to clear your name is overwhelming. Once the accusations have been made, it is normal for a person to want to keep the information private out of embarrassment, but secrecy can do more harm than good. If you find yourself being accused of domestic abuse, contact a qualified family law attorney immediately to explore your options. The team at Vayman & Teitelbaum know how contentious your court case can become and we are dedicated to providing you with the legal advice you need during this difficult time. Contact us today at 678-730-7700 to schedule a discreet consultation today at one of our four Atlanta, Georgia locations.