Millions of spouses get into heated arguments during their marriage, and in some cases, these disputes can become physical, even if it’s only a tap to the arm or shoulder to make a point. In most cases, the relationship is strong enough, and cooler heads prevail.
However, when a marriage is strained or divorce is being considered by one or both spouses, those relatively harmless encounters can be deliberately twisted in court in an effort to get you arrested, kicked out of your home, or even temporarily or permanently prevented from seeing your children. You do not want to wait. Be proactive. You may need to beat them to the punch and get a restraining order if the facts fit. You want to make sure you are protected. Get a former Domestic Violence Prosecutor on your side. Contact Mark Deniz and the Premier Domestic Violence Law group at (619) 736.3375
Domestic violence claims are common during divorce
Domestic violence accusations are backed up by evidence in many cases, and courts rightfully take them into account when deciding custody and support disputes during a divorce. However, they’re also commonly used by vindictive spouses.
Making false and unsubstantiated claims are a tactic used by some parents to get sole legal and physical custody and even keep the other parent from seeing their kids as a way to get back at them over real or perceived slights.
State and federal laws can set the bar low over physical abuse claims. The Violence Against Women Act says abuse doesn’t have to be physical and can include harassment and intimidation. Even blocking a door or slightly touching a spouse can land you in jail.
Responding to an order of protection
Once a domestic abuse allegation is made, a court can issue an order of protection. These are often “no-contact” orders, meaning the alleged abuser must leave the family home and stop communicating with the accuser and their children.
If you are served with a protection order, it’s crucial to contact an experienced defense attorney as soon as possible. Even when an allegation is false, long-term damage can result for a criminal case as well as divorce, custody and support proceedings.You do not want to wait. Be proactive. You may need to beat them to the punch and get a restraining order if the facts fit. You want to make sure you are protected. Get a former Domestic Violence Prosecutor on your side. Contact Mark Deniz and the Premier Domestic Violence Law group at (619) 736.3375
Clearing your name
An attorney can help you remain in contact with your kids, even if it’s only through supervised visitation at the beginning to keep your spouse from gaining an unfair advantage. While divorce proceedings are separate, a defense lawyer will move aggressively to defend you against the criminal charges, which can result in the modification or dismissal of a protection order.
When faced with false domestic abuse accusations, too many people fear the worst and give up hope for a fair outcome. However, a knowledgeable attorney can help clear your name by pointing out flaws in the accuser’s claims and submitting contrary evidence and testimony to the court.
Finding Exonerating Evidence
Most domestic violence cases consist of at least two vastly different accounts of what actually led to the 911 call and resulted in your arrest – the accuser and yours. When you hire the Premier Domestic Violence Law Group, we gather the following evidence in your defense.
- Have you been the victim of false allegations by a jealous and vindictive girlfriend or jilted lover?
- Is your accuser building a case against you to gain leverage in a child custody battle?
- Is the accuser a cohabitant, tenant in common, or joint owner of a property who stands to gain control of your mutual residence by means of a restraining order?
- Does your accuser stand to gain financial or property assets resulting from the charges against you?
- Is your accuser keeping your children from you as a form of revenge?
- Were you acting in justifiable self-defense?
- Did a fight ensue that resulted in an accidental and unintentional injury?
- Are you the victim of character defamation and harassment?
- Have you been the victim of chronic abuse and unusual cruelty?
- Are you not guilty by reason of temporary insanity?
- Did you act in the heat of passion?
- Were you involved in a love triangle?
- Were you protecting your children, pets, or personal property?
- What is the character and credibility of your accuser?
- Are there witnesses who can testify on your behalf?
- Does your accuser have a history of mental instability or psychiatric problems?
- Was your accuser taking any medication or narcotics that could have distorted his or her perception of reality?
- Was your accuser under the influence of alcohol and/or a habitual drinker?
- Has your accuser ever been involved with social services?
- What facts would be revealed by a background check of your accuser?
- Did you sustain any visible injuries or significant pain from the incident?
- Did you have reason to believe your life was in danger, therefore reacting in a state of fear and panic?
Get Started Today
Hire a Proactive, affordable, and quality defense when you are facing Domestic Violence charges. Whether you have been charged of a San Diego Domestic Violence charge Poway Domestic Violence charge, La Mesa Domestic Violence charge, Santee Domestic Violence charge, Mission Valley Domestic Violence charge, Clairemont Domestic Violence charge, Point Loma Domestic Violence charge, La Jolla Domestic Violence charge, Carmel Valley Domestic Violence charge, Mira Mesa Domestic Violence charge, Pacific Beach Domestic Violence charge, Del Mar Domestic Violence charge, Carmel Valley Domestic Violence charge, Encinitas Domestic Violence charge, Oceanside DUI, Escondido DUI, Vista Domestic Violence charge, San Marcos Domestic Violence charge, Carlsbad Domestic Violence charge, El Cajon Domestic Violence charge.Lakeside Domestic Violence charge, Fallbrook Domestic Violence charge, Valley Center Domestic Violence charge, San Isidro Domestic Violence charge, Lemon Grove Domestic Violence charge, National City Domestic Violence charge, Imperial Beach Domestic Violence charge, Spring Valley Domestic Violence charge, it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. The time to act is now if you have been arrested or are under investigation for domestic violence. Be practice and contact the Premier Domestic Violence Law Group at (619) 736-3375.