Divorce proceedings can be a stressful and challenging time for most families. However, these matters can become exceedingly more complicated when one party falsely alleges that the other perpetrated domestic violence against them. Domestic violence allegations could bring about a range of severe legal ramifications. In cases involving false domestic violence allegations in Albany, the party raising the untrue claims will sometimes file a petition for an order of protection.
If the family court decides to grant the order of protection, the personal consequences of this order could cost the accused person access to their home, their family, and even the partial or total loss of existing child custody or visitation rights for the duration of the order. An attempt to breach the terms of an order of protection can result in grave legal penalties. If your spouse, partner, or relative has falsely accused you of domestic violence, you need legal help. Do not hesitate to reach out to a compassionate domestic violence attorney who could advise on how best to fight back against these wrongful allegations.
The ramifications of a false domestic violence accusation can be grave. A person could face domestic violence allegations if they perpetrate a criminal offense against a spouse, romantic partner, or someone related to them by blood or marriage. Orders of protection provide a legal barrier between the accused and their accusers.
However, there are situations where people may try to abuse the system and this can lead to false domestic violence allegations. When someone falsely accuses a household member of domestic violence in Albany, they often seek an order of protection from the court as a blatant move to retaliate against the accused or seek vengeance for purported wrongdoing.
When a false domestic violence accusation is leveled against someone, the accused should talk with an attorney. If the court decides to issue an order of protection, the accused could be forbidden from entering the family home, having any contact with their accuser, and from seeing their children. An order of protection can also compel a person to surrender any firearms they own or to continue paying for rent or the mortgage on the family home. If false domestic violence allegations are raised when a couple is going through a divorce, the accused party could find it increasingly difficult to secure positive results for their case and could even face permanent loss of custodial or visitation rights.
There are several common motivations for why someone may decide to falsely accuse a family member of domestic violence. The accuser may feel that the divorce is not proceeding their way or that they will not get a favorable outcome. This may make them decide to falsely accuse their partner of abuse as a means of getting what they want, such as custody rights, possession of the family home, or another end goal.
Sometimes, a false allegation of domestic violence comes after a heated argument or it may simply be a ploy to get attention. The impact of these allegations should not be taken lightly. When accusations of this nature are lodged, the accused should speak with an Albany lawyer as soon as possible.
The first step to fight a false domestic violence allegation is to hire an experienced attorney who could explore the most effective defenses to challenge the accuser’s story. It might be possible to show that the burden of proof to acquire a protective order has not been met or that there are contradictions in the accuser’s story that discredit their claims.
An order of protection can, in some cases, be changed or removed once it has been entered. The court would hold a hearing to review the request and the accused would need to provide compelling proof for the judge to modify or terminate the protective order.
It is imperative to build a strong case founded on solid evidence when fighting a petition for an order of protection or seeking to get an existing order vacated. This is why it is important to work with a local lawyer who has experience helping individuals fight false domestic violence allegations.
A person who is wrongly accused of abuse could endure devastating consequences during their divorce. If you are facing false domestic violence allegations in Albany, you must protect your rights without delay. For more information about your legal options to challenge abuse claims contact our law office today and receive a confidential consultation.
Colwell Law
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