Dealing with false allegations of physical abuse

divorce attorney Jill DuffyQuestion:

My wife is threatening divorce and is indicating that she is going to use false allegations of physical abuse to get the case to go her way.

For instance, I was wrestling with my son when we both knocked into her. She acted like I purposefully did it and said hitting her will only come back to haunt me.

Can I report this incident or get it on some sort of record that I did not abuse her so she cannot make up lies about domestic violence in our divorce case?

Answer:

Your concern with how this incident can be used against you is justified. However, there is no authority to report an incident of non-violence to. Be sure that you have informed your attorney of the situation so that he or she can prepare for any potential backlash.

It is nearly impossible to prove that something did not happen. However, if something does happen there is usually some kind of record of it.

If this incident is later used to insinuate that you hit her or that you were abusive, you will have the lack of a bruise or marks, lack of a police report, and her actions after the alleged abuse (i.e. continuing to live with you, not seeking help, not seeking a domestic violence shelter, etc.) to back up your side of the story.

Had she been hit or abused she should report it to the proper authorities to document the proof that it occurred. If there is no proof that this event occurred, it is reasonable to assume that it did not occur.

You should contact an attorney who is licensed in your state to further discuss the specifics of your situation. Cordell & Cordell does represent men in divorce in 18 states.

 

Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude.

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