Question:
How can I protect myself from false allegations when arguing in a divorce and child custody case?
Every time I get in a verbal argument with this individual, she falsely accuses me creating a violent home environment and threatens to call the police to remove me.
What are some tips on how I can protect myself?
Answer:
It is common for men to find themselves a victim of false allegations during domestic arguments. Unfortunately, the police continue to have a gender bias against men when allegations of abuse are made.
When the police are called to a home to monitor a domestic dispute, in general, the man will be escorted off the premises as he is considered to be stronger more aggressive.
If you are presently in the middle of a domestic case such as a divorce, modification or paternity law action, I recommend that you conduct all conversations with your spouse in a public place.
A public forum will help provide you with witnesses to the conversation who can confirm that you did not threaten her or physically assault her.
If you are currently living with this woman, then I urge you to be doubly careful about your conversations and remarks. You do not want an innocent conversation and a simple argument to be turned against you so that you end up with criminal charges.
If you are already charged with criminal domestic violence, I urge you to defend that charge as a guilty verdict or plea could negatively impact a divorce or custody matter.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of your legal rights in your jurisdiction and legal advice on divorce, I urge you to contact a family law attorney immediately.
To set up an appointment with a Cordell & Cordell attorney, including Michelle Hughes, an Associate Attorney in the Jefferson County, Missouri office, please contact Cordell & Cordell.
