Domestic violence is defined as a criminal act against someone in which you share a close relationship with, whether that person is a spouse, family member, or close friend. With instances of domestic violence increasing, these charges are taken seriously by the law. Unfortunately, innocent people can be accused of this crime. This oftentimes happens in instances of divorce when one spouse is seeking a larger alimony payment or seeking full custody of the couple's children.
When you have been accused of domestic violence, one of the steps that may be taken against you is the acquisition of a restraining order. This restraining order is a legal document that can prevent the accused abuser from coming near the alleged victim, require them to move out of the home, and even pay child and spousal support. But what happens for those that have been unfairly accused of domestic violence?
Do I have a defense for domestic violence allegations?
Luckily, when a restraining order has been filed, there is an opportunity for you to defend yourself against the claims that have been leveled against you. The first restraining order will be temporary until a hearing has been held for both parties.
At this hearing, you can bring evidence to show a few defenses:
- Wrong suspect
- False accusations
- Self-defense
- Consent to the act
- Lack of proof
If you can prove that you have been wrongly accused, the judge will drop the restraining order against you. This means that you will not have to pay temporary spousal support for a spouse making false accusations against you.
Wondering how you may be affected by claims of domestic violence? A Las Vegas divorce attorney from The Leavitt Law Firm can stand on your side against false allegations.
Call our firm or contact us online for a consultation right away.