Domestic Violence Allegations During Divorce

By San Diego Attorney on March 20, 2023

Divorce can bring out the worst in the best of us. It is not uncommon for a spouse to make false allegations of domestic violence against the other spouse during a divorce. There may be several possible motivations for accusations of domestic abuse, including revenge, jealousy, the desire to gain an advantage in court, or to get the upper hand in a child custody dispute. Regardless of the motivation, if you are dealing with domestic violence allegations during a divorce, it is in your best interests to speak with an experienced San Diego domestic violence defense attorney as soon as possible.

What Is Domestic Violence?

In California, domestic violence is abuse committed against an “intimate partner.” It may include intentional or reckless use of physical force or threats of using force against that person. Under state law, an intimate partner can be a:

• Spouse or former spouse
• Current or former domestic partner
• Present or former fiancé or fiancée
• Person with whom the accused has had a child
• Current or former cohabitant
• Person with whom the accused has or has had a dating relationship

How Do You Defend Against Allegations of Domestic Violence?

Allegations of domestic abuse should not be taken lightly. Without a proper defense, they could have a significant impact on the outcome of your divorce and other aspects of your life. Our San Diego criminal defense attorney can gather evidence and witness testimony to show the court that you are not the abuser, but rather a victim of lies and revenge. Depending on the circumstances of your case, legal defenses against domestic violence may include the following:

• You did not do it: If you were not at the scene, we can work to establish a credible alibi and show that you were elsewhere at the time of the alleged crime.
• Your spouse lied: If your spouse fabricated the allegations, we can look for evidence to support your version of the story.
• It was an accident: You do not deny that you were there at the scene and caused the injury, but it was entirely unintentional.
• You were defending yourself or your children: We will look for evidence, such as the location of injuries to the alleged victim, that suggest self-defense on your part.

What Is the Best Way to Handle Domestic Violence Allegations During a Divorce?

If you are facing allegations of domestic violence from your soon-to-be-ex spouse, your best defense is cooperation. Resist the temptation to retaliate by making allegations of your own, and refrain from confronting your spouse in anger. If a temporary restraining order is issued against you, abide by the order and attend the hearing with your attorney to defend yourself against the charges.

What Are the Consequences of Lying About Domestic Violence?

A spouse who makes false allegations of domestic violence in divorce proceedings is committing perjury. Possible penalties for this crime include fines, probation, and even prison time. Making false allegations of domestic abuse can also affect child custody or visitation and other aspects of divorce.

Do You Need a Criminal Defense Attorney for Domestic Violence Allegations?

If you have been accused of domestic violence by your spouse during a divorce, it is important to act quickly and retain an experienced San Diego criminal defense lawyer to defend you against the charges. A domestic violence conviction could mean jail time, loss of visitation with your children, and even loss of your job. It could affect your personal relationships and your future prospects.

At jD Law Criminal Defense Attorneys, we have decades of experience providing skilled legal guidance in criminal matters. Contact us at (760) 630-2000 to get a dedicated legal advocate in your corner for defense against domestic violence allegations.