False Domestic Violence Claims in Divorce
False accusations of domestic violence does happen in divorce cases and are raised for a quick issuance of restraining orders that instantly affect custody rights and even force someone out of the home. Even when proven false, the damage to reputation and relationships can linger.
Why People Lie About Domestic Violence
Because domestic violence claims can shake up a divorce or child custody case, sometimes a fearful or angry person might fabricate a claim for a number of reasons:
- Custody leverage: There is a rebuttable presumption in California law that a domestic violence offender should not have child custody. See Family Code section 3044.
- Retaining the home: A restraining order can allow the victim to stay in the home, while forcing the accused to leave.
- Spousal support: Judges may consider domestic violence in determining a spousal support order.
- Control: The added stress of the accused needing to respond to accusations can feel like a power shift in the case.
Regardless of motivation, false domestic violence allegations can have devastating consequences.
Courts, of course, understand the potential for misuse of this legal paradigm. Judges are trained to assess credibility, consistency, and consider the motives of the parties. False allegations are false, and can be defeated – and there are very real consequences for parents who fabricate domestic violence allegations in order to harm the other party.
Contact Cardwell Steigerwald Young LLP
The San Francisco divorce attorneys at Cardwell Steigerwald Young LLP can help you assess your own situation and secure next steps. Contact our office today to begin working with our team.
