Divorce may be unpleasant. In addition to vying for joint child custody and property rights, husbands and spouses are frequently venting their dissatisfaction and downright rage. Due to this, many scathing accusations are made during divorces—accusations that are untrue but can significantly harm a person’s reputation.

You must take action right away if you are unjustly accused of being aggressive. Find a skilled divorce lawyer, then start assembling evidence to prove your innocence.

Protective orders and allegations of abuse

When your spouse requests a restraining order, also known as an order of protection, as part of the divorce, many charges of abuse are made. This order forbids you from speaking to or approaching your spouse. Your life may be severely disrupted by a protective order, making it difficult to visit your kids. Some restraining orders even eject you from the family home, which you may own.

Protective orders have a low burden of proof because they are civil in nature. In order to establish abuse, your spouse just needs to provide a “preponderance of the evidence,” i.e., it is very likely that you have abused them. This is a lot less than what is required in criminal law, which is “proof beyond a reasonable doubt.”

Constructing a Case for Your Innocence

You can swiftly compile proof that you are not abusive with the help of your lawyer. Read the restraining order in its entirety first. It ought to specifically point out instances of abusive behavior. Look for facts to refute your spouse’s account of what happened:

• witnesses who were there during the interaction but did not witness you acting abusively.
• Any texts, emails, or phone calls from your partner outlining the details of the allegedly violent encounter. 
• Any evidence that she initiated the altercation, such as an apology, is very beneficial.
• any proof that your ex has a motive for lying. She might, for instance, have said to a friend that she will exact revenge on you for cheating on her.

You can persuade a judge that the claims are baseless, exaggerated, or completely untrue by assembling this proof.

Accusations of sexual abuse are very difficult, especially given the age of your children, to say the least. Since young children are very suggestible, a child psychologist or other professional will usually need to interview your children. She can persuade a child that sexual abuse occurred when it didn’t if your ex lies to them for long enough. Doctors will also need to look for physical indications of sexual assault in your child. Since the prosecutor is more likely to file charges in a criminal court, you should frequently hire a criminal defense counsel to defend your rights in these complex cases.

Possessing a Positive Image

You should be given the opportunity to attend a hearing before a judge issues a permanent order of protection. Make every effort to appear professional. Respect everyone you encounter in the courtroom by dressing neatly, taking care of your grooming, and acting appropriately. Keep your voice level and avoid using harsh language when testifying. Any outburst just serves to persuade the judge that you actually have a tendency toward violence.

Suspected of Abuse? Contact a Saratoga County Child Custody Attorney Right Away

The Paducah Divorce Lawyers has assisted clients in defending against several charges of abuse while representing those going through tough divorces. Please get in touch with us right away to arrange a consultation with one of our attorneys.