Can domestic violence be used as a weapon? You wouldn’t think that somebody you loved could have done such a thing, but unfortunately it happens to men every year in California, where a serious allegation is turned into a ploy to be used against others. Often times, this happens during the divorce process, where a spouse is harboring bad feelings against another spouse, ending in disaster when a lie is taken as reality. And protection orders are meant for protection, except they are also turned into a weapon that overwhelmingly targets men, according to statistics. In fact, a study found that 59% of allegations of domestic violence between couples involved custody disputes that could not be credited as true.
The Truth About Protection Orders
Though there are some great reasons for orders of protection, others are not so great. For instance, if you and your spouse are in a heated argument and voices are raised, your spouse could technically turn and go to the judge to say that they feel endangered – which could be just enough for a temporary restraining order to be put in place. Judges grant them based on the “preponderance of evidence” standard, which means that a party must prove that it probably occurred. Protection orders are done as an emergency, which means you will probably not get to explain your side. This could lead to you being forcibly removed from your home or create financial strain for you when you have to unexpectedly move and potentially pay child support.
Defending Against False Allegations
Luckily, an experienced attorney will be able to help you get results in your case and show that abuse did, indeed, not occur. The prosecution in your case must show that violence against a loved one or family member has actually occurred “beyond a reasonable doubt,” which takes more than yelling at one another through an argument. Credibility will come into factor, which may be your chance to show that 1. Abuse did not occur or 2. You were acting in self-defense because the other party was actually acting abusively.
At the Law Office of Peter Blair, we know how important your case is to you and want to help you get the most out of your case. If you have been accused of domestic violence, you may wonder how to move forward in your difficult time. Call us today at 619-357-4977 for more info on how we can help you.