Domestic violence is not a very popular subject to be on the defensive about. Most media coverage of domestic violence-related issues is told from the perspective of and with sympathy for victims, and there isn’t much talk about the issues from the perspective of the accused. The reality is that for those who have been accused of domestic violence, public opinion will almost certainly be against them.
In the court of law, it is critical for those accused of domestic violence to seek the assistance of an experienced criminal defense attorney. This is particularly important given the serious consequences of such allegations in the context of divorce and child custody proceedings. When this happens, there can be significant consequences in terms of custody, finances and criminal background.
If an accuser is successful in obtaining a protection order, it often results in the accused spouse being removed from the family home and not having the ability to see the children. This can shift a custody case in favor of the spouse who made the accusation, since courts consider the continuity of care for children, as well as the occurrence of abuse, when making best interests determinations.
Accusations of domestic violence, of course, can result in a criminal record for the accused, which impacts the accused spouse going forward. Even in cases where charges are dismissed or the accused is found not guilty, temporary restraining orders can have a negative impact in the future.
In our next post, we’ll continue discussing this issue and the how an experienced criminal defense attorney can help an individual accused of domestic violence.