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The Effect of Allegations
When a couple decides to end their marriage, domestic violence allegations can quickly become a central issue. In Rhode Island, domestic violence is taken very seriously by the courts, and it can have a significant impact on the outcome of a divorce proceeding. If you are considering filing for divorce and you have been accused of domestic violence by your spouse, it is important to understand how these allegations could affect your case.
Protective Order
A domestic violence restraining order is a court order that provides protection from an abuser. It is also known as a domestic violence protective order, domestic abuse restraining order, or domestic violence prevention order.
A person who has been a victim of domestic violence can ask the court for a domestic violence restraining order. The abuser is then served with the restraining order and must obey it. If the abuser does not obey the restraining order, they can be arrested and charged with a crime.
However, a protective order can be damaging to someone who has only been accused of domestic abuse. If you are accused of domestic violence and a protective order is put in place, it can impact you in the following ways:
You may be ordered to stay away from the accuser, your children, and other family members.
You may be ordered to move out of your home.
You may be prohibited from contacting your accuser.
Your accuser may be given temporary custody of your children.
You may be ordered to pay child support and/or spousal support.
Your accuser may be granted possession of the family home.
You may be restrained from buying or possessing firearms.
You may be required to attend domestic violence counseling.
A domestic violence restraining order is a powerful tool that can help keep you safe from an abuser but can be a devastating tool of revenge if your spouse makes false accusations against you.
Child Custody
In many states, domestic violence is considered when awarding child custody. This is because these actions can seriously impact the safety and well-being of the children involved. If there are domestic violence allegations, the court may require that the accused party undergo counseling or anger management classes before being awarded any visitation rights. The court may also order supervised visitation, meaning that another adult must be present during visits to make sure that the children are safe. In some cases, domestic violence accusations can lead to one parent having their parental rights terminated altogether.
Defending Against Accusations of Domestic Violence in Divorce
If you face domestic violence allegations in your divorce, it is important to take them seriously. The consequences of a domestic violence conviction can be severe and may even impact your ability to see your children after the divorce. However, it is important to remember that you have rights, and there are ways to defend against these accusations.
If you have been accused of domestic violence, you should first contact an experienced domestic violence defense attorney. An attorney can help you understand the accusations against you and develop a defense strategy.
It is important to remember that domestic violence allegations can be false or exaggerated. These allegations are used as a bargaining tool in divorce proceedings in many cases. With the help of an experienced attorney, you can investigate the allegations against you and gather evidence to support your defense.
A domestic violence defense attorney will also be able to help you navigate the legal process and protect your rights. If you are facing domestic violence accusations, do not try to defend yourself without the help of an attorney. These allegations are serious, and you need the help of a qualified professional to ensure that your rights are protected.
When it takes a village to solve a problem, let the team at Assalone Lombardi, LLC be your village. With the help of our extended legal team, we can protect you against false allegations of domestic violence as we navigate your divorce together.
Learn more about how we can help you or schedule a consultation by calling us at (401) 589-5599 or by visiting us online.