Well, it is just an allegation. You have to prove domestic violence. Sometimes individuals do indeed utilize on domestic violence as a tactic, but the question is, is it real? We speak in terms of the allegation. However, ultimately that allegation has to be litigated in the courts, and judges are not as apt to put in what you call a Final Restraining Order without proofs.
Someone has to be quite crafty to utilize that and to be successful in the utilization if you’re suspecting that your spouse is going to file some kind of false claim. Oftentimes that happens when mother and father are still in the same house during the course of the litigation. Although everyone doesn’t have the financial means to move away, sometimes it is advisable to take up residence someplace else.
Sometimes it is advisable to go around with a cell phone all the time recording things as they begin to unfold. I’d say protect yourself, but ultimately if an allegation is filed, that’s all that is – it is an allegation. But he or she can prove that allegation, so contact an attorney and stand up for your rights.
Rosalyn Charles is a family lawyer practicing in Newark, New Jersey.
I’m in California, My wife of 13 years and Mother of my 2 Daughter’s ages 14 &13 has made every type of claim there is from alleged drug use to internet stalking, I am just in shock that after living with her for 16 years and never had a Domestic Violence call or police come because of us fighting. I never been arrested and had maintained a clean record for my employment as a security guard. So at what point do the courts look at the facts instead of assuming and treating me like as I am accused. On the other hand she has lies and alienate me from my youngest as I have primary custody of our oldest due to incidents where mom has hit and dragged out oldest by her feet through the place she lives at and threw her out her house for wanting to see me. And lies to the police it shows on report as mom denied the incident but youngest confirmed with officer. What do I do as of today she alienating me from my youngest daughter I have not seen since Father’s day this year?