Going through a divorce is difficult, but even more so when allegations of abuse are made. Charges of domestic violence can make a divorce even more complex, especially for the individual being accused.
According to the Huffington Post, even though protective orders were created to protect those in dangerous situations, they are now being used as a weapon for individuals seeking to gain an advantage by abusing the system. In other words, many people (mostly women) seek a protective order to turn the tide in their divorce, even when there is no proof of abuse because they know a protection order will be issued immediately.
Our law firm has been protecting the rights of men and fathers for years, so we understand that men can be the targets of unwarranted tactics in divorce and custody battles. Even though it may be easy for women to obtain a protective order, it does not mean that you have lost the case. We can help you fight false allegations of abuse.
To obtain a protective order, your spouse must allege that they believe it is necessary to stay safe. Domestic violence covers a broad range of events, including physical altercations, emotional abuse or even a perceived threat. Even raising your voice during a fight can result in your wife claiming she perceives a threat and desires a temporary restraining order. Of course, she leaves out the fact that she was screaming at you too.
A judge may grant the request for a protective order to err on the side of caution, but only if your wife can prove that it is more likely than not that abuse has occurred or is likely to occur. Thus, it is important for you to have an experienced attorney on your side.
Having a protective order issued often makes the divorce case more complex. Don’t let your spouse obtain an edge by forcing you to stay away from your children during the custody case. You must take immediate action to mitigate any potential damage to your case.
Your attorney can assist you with creating the best strategy for attacking the allegations against you. It is essential that you gather evidence such as text messages, emails, voicemails, video or audio recordings, witnesses, and anything else to support your side of the case.
If you are getting divorced and you are concerned your spouse will seek a temporary restraining order to gain an advantage in the case, contact us immediately to schedule a consultation with a caring professional, and aggressive advocate for men’s rights in divorce, child timesharing (custody), and paternity matters.