Domestic violence is a serious problem in the United States, but domestic violence laws sometimes result in mishandled cases and the equally serious danger of false allegations. Sometimes a party falsifies domestic violence allegations to gain an upper hand in divorce and/or custody proceedings. In this case, the victim of the false accusations should immediately contact a domestic violence defense attorney near Denver.
Abuse of the system
A significant criticism in the legal system’s handling of domestic violence cases is that courts readily believe allegations of abuse. In some of these cases, the accuser’s primary intent is to gain an advantage in divorce and custody proceedings. False accusers are able to use the system to their advantage because the system defines domestic abuse very broadly. Under most statutory schemes, domestic abuse is defined as the intentional and unlawful infliction of physical harm or the intentional infliction of the fear of imminent physical harm committed against one family or household member by another.
The phrase “fear of harm” is an incredibly subjective standard in domestic violence cases. Courts may consider a raised voice or raised hand to be a threatening gesture. This is especially true when the alleged abuser is male, as men are often larger than women and are naturally perceived as more aggressive because of broad societal generalizations. These biased societal perceptions may guide law enforcement officers who write the police reports and the courtroom judges who render rulings. For this reason, it’s important for someone accused of violence to secure representation with a domestic violence defense attorney.
Contacting a domestic violence attorney about false accusations is crucial because the consequences of a domestic violence charge are severe. For example, most states don’t allow a perpetrator of domestic abuse to have physical placement or custody of children. The court will also enter a restraining order prohibiting the alleged abuser from contacting the victim. A domestic violence lawyer can help an accused party contest the findings his or her case and object to the issuance of a protective order.