False Domestic Violence Charges as Custody Tactics

Posted by Stephen Garcia | Mar 23, 2018 | 0 Comments

Divorces can often get messy, especially if a child is involved and there are disagreements over custody on both sides. Unfortunately, things can get very ugly, to the point where one side may use unethical tactics in order to gain custody of their child, such as making false claims of abuse.

Protection From Abuse Orders

Protection from abuse orders, or domestic violence injunctions as they are sometimes called, are meant to help protect one party from the other in the event that they feel physically threatened. Orders of protection allow individuals to receive protection if they fear for their safety without having to provide documented evidence.

Such orders can require the party they were taken out against to stay out of the home and keep them from seeing their children. In some cases, these orders are perfectly valid — especially if the victim is in an abusive relationship and fears for both themselves and their children. However, there have been more and more instances of these orders themselves being abused for tactical reasons.

False Protection From Abuse Orders

Because protection from abuse orders are so easy to obtain, individuals who may feel vindictive towards their ex-partner may file such an order, allowing them to take sole custody of their children for the time being. Once the court date comes around, there will need to be evidence in order to uphold the order; however, the person it was taken out against will already have had their reputation tarnished even if they are completely innocent of domestic abuse.

The protection from abuse order is so effective in divorce cases that many lawyers have recommend taking such action, even if their client has made no mention of any domestic violence occurring. If you've been charged with domestic violence, we can help ensure that your rights are protected here at Garcia Law, PLLC.

About the Author

Stephen Garcia

Attorney Biography Before becoming an experienced trial lawyer, Stephen Garcia graduated from Arizona State University and then moved to New York City where he attended New York Law School. There, he began his formal training in criminal law, serving as a law clerk at the New York County Attorne...


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