False allegations of domestic violence can be enormously expensive. The costs of untrue accusations of spousal abuse can't be calculated in dollars alone; the true costs have to factor in the emotional toll on the accused and his family.
Why False Allegations are Made: Tactical Advantage
According to research by RADAR (Respecting Accuracy in Domestic Abuse Reporting), allegations of domestic abuse and requests for protection orders are increasingly used for tactical advantages in divorces.
The allegations can allow one party to quickly and easily gain an advantage in court over the other party in a contentious divorce. The research shows that protection orders are granted virtually without question, whether or not there is any evidence of domestic violence or abuse.
It's widely understood that family law judges frown on any suggestion that domestic violence is a concern in a divorce, especially a divorce involving a child custody dispute.
Repercussions of False Domestic Violence Allegations
The costs of a false allegation of domestic violence or domestic abuse can be wide and deep in the life of the accused. Many who are falsely accused suffer some of the following consequences:
- Loss of child custody or child visitation privileges
- His reputation is severely damaged among family, friends, co-workers and the community at large, sometimes beyond repair
- A loss of job; a career derailed, slowed or hampered by lingering doubts among professional peers about character
- Financial burden imposed on the accused who faces a legal fight to regain his children, visitation rights or reputation
- The incalculable harm done to a parent's relationship with his children, if the children are convinced by the false allegations that their father is a violent, hurtful person to be feared
- In some cases, the accused is charged with serious criminal charges that can result in jail sentences, loss of child custody and visitation, long-term harm to career
Police Officers Encouraged to Make Arrests
California has laws requiring domestic violence training for police officers and encouraging them to make arrests whenever allegations are made, even in the emotional aftermaths of heated arguments between couples. With officers predisposed to making arrests, it's inevitable that a significant percentage of those facing charges made without evidence or probable cause.
If you face a misdemeanor or felony charge of domestic violence or spousal abuse, contact a California criminal defense attorney who understands not only the law, but the dynamics of passionate relationships and the damage false accusations can wreak on the accused. A criminal defense lawyer fights to protect your rights in spousal abuse and domestic violence cases, as well as your freedom and family.
