Domestic violence is a broad umbrella term that encompasses acts of physical violence as well as situations in which no physical contact occurs but an individual claims to feel threatened or scared. Acts of domestic violence are serious and, when reported, should be thoroughly investigated. Unfortunately, there are cases in which spouses or significant others who are going through a divorce or break-up may bring false accusations of domestic violence against a spouse or partner.
In divorce and child custody cases in which one spouse or parent alleges the other committed acts of domestic violence, the implications of such accusations can be far-reaching and negatively impact child custody decisions.
In cases where physical evidence is lacking, it can be extremely difficult to prove or disprove accusations of domestic violence. Increased awareness about this important issue has resulted in many law enforcement agencies and family courts erring on the side of caution and siding with the spouse or parent who claims that he or she is a victim.
While it seems unconscionable, in some cases where a couple is going through a divorce and/or a child custody dispute, some individuals may resort to making false allegations of domestic violence. According to the nonprofit SAVE, annually in the U.S. an estimated 175,000 "children are involved in a divorce with a false allegation of domestic violence." These allegations take a hefty personal and financial toll on both those individuals directly impacted as well as greater society.
Individuals and parents who are going through a divorce involving false allegations of domestic violence would be wise to seek legal advice. An attorney who handles both child custody and criminal law matters can provide advice and assistance and represent one's best interests in related legal proceedings.
Source: Saveservices.org, "What is the Cost of False Allegations of Domestic Violence?," 2015