False accusations of abuse have become a silver bullet in contested divorces. If you are accused of domestic violence, a judge can immediately prevent you from seeing your children, remove you from your home, and set the scene for a tough custody battle.
This is because the law presumes that you are an unfit parent if you abuse your spouse. Specifically, M.G.L. ch. 208, §31A says:
A probate and family court’s finding, by a preponderance of the evidence, that a pattern or serious incident of abuse has occurred shall create a rebuttable presumption that it is not in the best interests of the child to be placed in sole custody, shared legal custody or shared physical custody with the abusive parent. Such presumption may be rebutted by a preponderance of the evidence that such custody award is in the best interests of the child. For the purposes of this section, ”an abusive parent” shall mean a parent who has committed a pattern of abuse or a serious incident of abuse.
Your spouse can also file a restraining order against you. A judge in a district court can conduct a hearing without you being present and determine that you cannot see your children, you are removed from the house, and you cannot contact your spouse. You would have the right to a hearing within 10 days to contest the charges.
I unfortunately see it all too often. People are happily married, but it doesn’t work out. Then one spouse makes up allegations of abuse, and the whole system is against them — they’re facing criminal charges and have limited access to their children. I can fight for you. I fight for people facing false allegations of abuse in their divorce all over Massachusetts.
Call or text me today at 617-295-7500 and put me on your side!
What Should I Do if I’m Facing False Accusations of Abuse in My Divorce?
You should hire an attorney as soon as possible if you are falsely accused of domestic violence. The initial restraining order hearing can set the stage for your divorce in the probate court. It’s critical to have an experienced divorce attorney to present your side and counter the false allegations.
You should do this as soon as possible. It can be difficult to overcome a judge’s ruling even at an initial hearing with little evidence. We should start preparing your defense immediately to protect your rights.
How Can a Divorce Lawyer Help me Fight False Domestic Violence Allegations?
A domestic violence lawyer can help marshal the evidence on your side immediately. I aggressively defend my clients who are accused of abuse immediately, in every stage, and in every court. If you do not fight these allegations, they can be difficult to overcome.
If you’re facing false allegations of abuse, you could be fighting on several fronts. You could have a divorce in probate and family court, criminal charges in district court, and a restraining order. A domestic violence attorney can help ensure that you’re fighting on all these fronts and protect your rights.
I have successfully defended people all over Massachusetts accused of domestic violence. If you are facing false allegations of abuse in your divorce, you need a fighter on your side. I’m not afraid to fight for my clients. Call or text me today at 617-295-7500, and let’s get started on your defense.
