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How to fight false accusations of domestic violence in a divorce

It is normal for a divorce to be complex and stressful, but it is even worse when a protection order gets thrown into the mix. If you are facing false allegations of domestic abuse from your spouse, you may not be able to contact your children or stay in the family home. Approximately 70 percent of domestic abuse accusations during divorce are false.

Facing accusations of violence may significantly impact your ability to get child custody. So how do you react to a restraining order or even criminal charges? Here are some key guidelines. 

Gather evidence

One of the most helpful steps you can take to dismiss the false allegations against you is collecting evidence. Prepare any texts, emails, audio recordings or videos that may defend your side of the argument. The best evidence is anything that shows your spouse has an ulterior motive and/or shows you in a good light.

Get help from witnesses

Maybe other people were present when the supposed events took place. These people may be able to tell the judge that the violence never occurred. Even if no one was there, you may be able to gather people who support your alibi. 

Be professional at the hearing

You must be careful to present yourself in a positive manner in front of the judge. This will do wonders for your credibility. Do not scoff at any testimony from your ex, no matter how silly the statements may be. Never act hostile, either. Simply remain businesslike in your demeanor and responses. 

Seek legal help

Facing criminal charges or going through a custody battle is complex enough when you are going through one at a time. When you put the two together, it is even more complex and stressful. Therefore, seeking legal representation is crucial if you want to have the best outcome possible.

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