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Why would your spouse falsely accuse you of domestic violence?

Posted by Adrian S. Doty, Esq. | Apr 28, 2022 | 0 Comments

You've never raised a hand to your spouse or your children, so you were shocked when – shortly into the divorce process – your spouse leveled accusations of abuse your way.

Why on earth would your spouse do this to you? What could they possibly have to gain? Let's consider some potential motives.

To get you out of the house

If your spouse goes to court to get a restraining order, one of the things they may accomplish is your immediate removal from the family home. They may be doing this for vindictive reasons (just to punish you for the divorce or something you've done) or as a tactical maneuver to gain other advantages in the divorce.

To separate you from your children

This is often the underlying goal of getting you out of the family home. If they can separate you from your children, even temporarily, your spouse may hope to weaken the bonds you share with them and influence them against you. The goal is likely to gain an advantage when it comes to a custody battle.

To embarrass you

Domestic violence allegations are public record. If you hold a prominent position in the community, your spouse may simply want to extract a little vengeance against you simply because you want to end the marriage.

To gain sympathy with the court

Judges are human. If the judge in your case believes that your spouse has been victimized, they may be more inclined to lean in your spouse's favor regarding whatever may be in dispute.

Whatever the reason, if you've been accused of domestic violence by your spouse, you need to fully understand your defense options and what steps to take next. Don't act until you know more.

About the Author

Adrian S. Doty, Esq.

Adrian Doty is a Senior Associate Attorney at Sunnen Law. Mr. Doty began his legal career working as a civil litigation attorney in Los Angeles before moving to the Bay Area in 2014 where he gained complex civil and family law litigation experience working for one of the largest family law firms.He has experience with a variety of complex Family Law matters, including complex and high-net-worth case matters custody and visitation disputes, contempt and post-judgment enforcement, military-family law issues, and domestic violence restraining orders. Mr. Doty understands how emotionally difficult family law matters can be, which is why he is dedicated to the efficient management of his client's cases. While he always works to achieve settlements through negotiation when possible, he aggressively litigates to protect his clients' interests when necessary. 

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