Protecting Yourself From False Abuse Claims

divorce lawyer Daniel ExnerQuestion:

My estranged wife is falsely alleging that I abused her. She wants to include the “abuse” in the divorce documents, but I have never hit her and there are no hospital or police records that would prove I’ve abused her.

What can I do to protect myself?

Answer:

I am not licensed to practice law in your jurisdiction, but I can provide you with a general answer to your family law question.

The allegations of abuse are only relevant within the divorce action if you have children. In many states, inter-spousal battery can play a role in the determination of custody and parenting time.

Usually, the existence of a criminal report/citation or a restraining order is required to advance these arguments, but I would be very cautious. If she’s willing to go to these lengths now, she could be capable of worse later.

Do not let her put you in a situation where she could falsely allege abuse (i.e., screaming at the marital residence so that neighbors hear, arguing in public, controversy in an unusual place, etc.)

To fully advise you on your situation, a complete understanding of your situation is necessary. I recommend contacting a family law attorney to review your case.

Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Milwaukee Divorce Lawyer Daniel Exner, please contact Cordell & Cordell.

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Josh
2 years 6 months ago
I experienced this to the fullest extent. My wife, chose to attempt to move home with our child, to another state to be with her parents. There were no citations or evidence of abuse, but once they got the lawyers involved, it was all over. They filed an OFP against me, but with provisions on the hope we would work out the marriage through counseling. This was a complete ploy so I wouldn’t challenge the OFP. Fight it any restraining order especially when they are only provided through allegations and not allegations. Go on the offense, do not wait to… Read more »
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