In divorce proceedings, spouses frequently devise strategies to gain the upper hand. There will be complaints or charges of domestic abuse. It might or might not be true, but it does happen. Have an open and honest conversation with your attorney if any such abuse allegations do surface in your Michigan divorce case.
Click here to watch the video on How To Deal With False Domestic Abuse Claims In A Michigan Divorce
In a Michigan divorce case, you must deal with fabricated domestic abuse allegations since they may have an impact on child custody. If these accusations turn out to be accurate, your lawyer can help you limit the impact by working with you. If not, your counsel can always file a motion to have the accusations dismissed.
Gender Equality: Women Can Be Guilty of Domestic Violence Too!
Domestic violence is a very serious legal issue. However, the way the system addresses this problem may have produced an even bigger threat associated with fabricated domestic abuse complaints. They frequently come up in divorce, separation, and custody battles as a way to gain tactical legal advantage.
Domestic violence is no longer gender specific. It is certainly no longer specific to women. The social stigma linked to violence inflicted by women on men, and the institutionalized bias against such accusations by law enforcement officials and the legal system itself, are some of the explanations given for why domestic violence instances involving women against men go unreported.
No matter how one feels about the debate on “who did what to whom more often”, the way the judicial system handles such allegations opens the door for parties in divorce and custody cases to abuse claims that aren’t true.
It’s critical for men in abusive relationships to understand that they are not on their own. More frequently than you may think, both in heterosexual and same-sex relationships, males are abused. Men from all backgrounds, regardless of age or profession, experience it. According to statistics, men may make up as many as one in three victims of domestic abuse.
However, men frequently hesitate to disclose abuse out of embarrassment, apprehension that they won’t be believed, or concern their partner will avenge them.
The Colossal Impact On Domestic Abuse to Child Custody and Parenting Time
A court’s determination that domestic violence has occurred has significant consequences. In the case of criminal offenses, jail time or monetary penalties may be assessed, and “no contact” orders may be issued, which may include compelling the offender to leave the family home or prohibiting contact between a parent and their child.
The repercussions are equally severe in civil cases such as divorce and child custody disputes. You may in one form or another start to experience legal difficulties.
A restraining order may be issued against you. A domestic abuse restraining order will contain a restriction barring the defendant from harming the victim in any way. It effectively keeps you away from your children.
When domestic abuse is suspected, the court will issue a restraining order forbidding the perpetrator from getting in touch with the victim either directly or indirectly, whether via phone, text, email, letters, or other means. No matter whether the victim initiates the contact or not, any breach of those restraining restrictions is illegal and punishable by incarceration.
A considerable number of states are already subscribing to a position related to domestic violence. No more physical custody of children for domestic abuse offenders. This compromises your ability and chances to pursue child custody.
Here’s another scenario happening. As part of a no-contact requirement for domestic violence restraining order, the accused abuser has restricted access to accusers’ premises or property. This encompasses property owned or rented solely or by both of them. The order allows a police officer to go to the residence with a party to monitor the removal of a restricted amount of personal property.
It is frequently assumed that family law conflicts should not require mediation in cases of domestic abuse. Mediation is the one work around left for you may no longer be available to you.
Additionally, the issuance of a domestic violence restraining order could have an impact on other civil liberties. A domestic abuser, for instance, is not permitted to purchase or possess a handgun for any reason under the federal “Brady Bill.”
As a condition of restoring normal contact with his children, the Court may also order a defendant to take part in therapies such as anger management classes, drug and alcohol rehab, and other therapies.
A domestic violence restraining order frequently forbids the defendant from contacting any kids who may have seen the domestic abuse. As a result, there might be no parenting time or parenting time under supervision.
The stakes are exceedingly high when false abuse charges are made. Ironically, this is in contrast to the low standard of proof required for people seeking civil restraining orders in cases of domestic violence and the hurried nature of most hearings for such orders.
All of these legal entanglements can dramatically impact your position in child custody and parenting time negotiations.
False Domestic Abuse Claims Can Compromise Children Too
Even when an accusation is ultimately found to be untrue, years or even months of courtroom drama are frequently involved. Typically, the kids have heard one or both sides of what’s happening, and occasionally they have even been forced to participate in the fabrication of lies. When a minor child is subjected to emotional trauma as a result of a lawsuit based on false assertions, their life’s trajectory is frequently and irreparably altered.
The sad thing about false domestic abuse claims is, even when these accusations are discovered to be really false, months and even years of litigation have already come to pass. Children have already been subjected to the rigors and stress of the process.
Imagine in a case of falsely accusing a father of sexual abuse. The child will be subjected to the process reserve for rape victims. That child will be subjected to a rape or molestation examination by children’s hospital rape or molestation examiners.
Imagine how it will be for a child who is instructed to fabricate evidence to favor one parent over the other and a child whose love is being bought by the accusing parent.
Imagine the circumstance of a child who is asked to fabricate evidence to police, and a child who as a consequence of these accusations will cause the arrest of her father. The child will carry the guilt of her father’s arrest for the rest of her life.
Not only will the child endure all that, the child will later on be stigmatized by guardian ad litem visits to their school.
A guardian ad litem is an attorney designated by the court to conduct an investigation and present the results and recommendations to the court is known as a guardian ad litem (or “GAL”). The child’s best interests are taken into consideration in the inquiry, report, and recommendations. The GAL represents the child and acts in his or her best interests. Every GAL has received training, education, and experience in relation to children’s needs.
Anyone under the age of 18, someone who is not legally competent (such as someone with a mental handicap), or someone who is incarcerated may also have a GAL appointed to represent them.
You have to think about the effect of painting another parent as a monster in the eyes of a child. Why would a parent do that? Isn’t all those mentioned above a form of child abuse?
Dealing With False Domestic Abuse Claims
The first thing to do is to start talking to your attorney. If you don’t have one yet, focus on getting the right person for the job. And then have a talk about the courses of action to take.
Talk about what you already know.
Give your attorney a background that can possibly be driving the accuser to make false statements or to lie. Any proof that a purported victim has a reason to lie is important. Independent evidence, such as letters, emails, or other documents from the victim threatening a custody dispute or suggesting they may claim abuse has occurred, is the most pertinent piece of information. Your attorney will be able to challenge general allegations with your information. Frequently, allegations of abuse are vague and broad, leaving out specific dates or times. Such claims can be contested as being too vague and insufficient to reach the standard of proof for demonstrating abuse happened by a preponderance of the evidence.
Recall possible witnesses.
Discuss with your attorney other people who may already know about the circumstances leading to the false accusations. When a divorce is imminent, it is usually a good idea to have impartial witnesses on hand when activities are scheduled that can potentially lead to confrontation. Even after a conflict, a witness can still be helpful by assessing the situation, looking for evident wounds, or assessing the behavior of the persons involved.
Check facts and inconsistencies.
Having a solid alibi for the incident would be the biggest contradiction. Is there independent proof that the accusations are false? Did you make a call at the disputed period that can be verified by telephone records or third parties? Do you have any store receipts, ATM receipts, work time sheets, or other documents that can show you were not available when the alleged abuse occurred? Discover any prospective witnesses who may have observed bruises or injuries from a domestic incident occurring prior to the claimed incidents?
Recall inconsistencies in behavior.
Who did the person contact after the reported abuse incidents? After the claimed abusive occurrences, did the victim permit parenting time? How long did it take from the claimed abuse episodes to the complaint to be made? After the reported abusive episodes, did the victim make the first friendly move? At the time of or soon after the claimed abuse incident, did the victim get in touch with anyone—police, parents, friends, or anyone else? When domestic violence is alleged, it may be important to emphasize the victim’s behavior was not consistent with how a victim would have responded.
Read the documents, check for inconsistencies.
The likelihood a person’s claims of abuse are inconsistent increases the more statements they make regarding the alleged assault. Point out to your attorney inconsistencies in the statements. Affidavits should be carefully compared to any police reports or other records available, including any statements found in child protection or medical treatment records.
Avoid fueling an already tense situation.
If you’re already facing a domestic abuse accusation, it is important to have the patience and restraint to lower the temperature of an already brewing marital conflict. If possible, remove yourself from situations creating conditions for confrontations. In terms of domestic abuse, keep in mind that what qualifies as a “threat of harm” is a matter of opinion. Even anything as benign as obstructing someone’s exit from a room so you can “talk about matters” might be regarded as domestic violence. It may be sufficient to create a semblance of domestic abuse by just jokingly tapping someone’s shoulder with a cellphone. These are impressions liable to be mislabeled as abuse.
Always remember people pushed to extremes can do so many crazy things like lying or making false accusations. You just need to have a very realistic approach to it rather than brushing them off. Your liberty and the welfare of your children might be at stake. It can severely affect your chances of a fair hearing when custody and parenting time negotiations come around.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.