Domestic Violence & Divorce

A Common Cause of Divorce

Domestic violence is a common cause of divorce. This is so much the case that is listed — as physical cruelty — as one of the four fault-based grounds for divorce, along with adultery, habitual drunkenness or narcotics abuse, and one year's desertion. While some marriages break down as a result of domestic violence on the part of one of the spouses, there are also many cases on record where domestic violence allegations are simply false. The spouse who makes the allegations can benefit enormously from doing so, and this is, for many people, an incentive to lie even under oath. Whether the allegations are true or not, they can have a dramatic impact on the outcome of a divorce.

Impact of Domestic Violence Allegations on Divorce

What does your spouse stand to gain by accusing you of domestic violence? In the context of divorce, the answer to this question is, "Everything." Domestic violence allegations have the potential to influence — or even decide — matters including the division of property, the payment of alimony, who gets child custody, and whether you even receive rights of visitation with your children. Unless you successfully defend yourself against allegations of domestic violence, the final decree of divorce could make your spouse the winner and you the loser in the divorce. Even before the divorce is finalized, your spouse could use domestic violence accusations to secure a protection order, which has the power to award temporary child custody, deny you visitation, and grant possession of the residence to your spouse regardless of whose name is on the lease or deed.

What could be a more effective way to force you out of the house and cut you off from your children than to get the court to forbid you from making contact on threat of arrest? While other criminal cases will typically require physical evidence such as bruises or other injuries before an arrest can be made, domestic violence cases will often require nothing more than "he said, she said" allegations. Whether you and your spouse have a history of violent arguments or if you are being targeted with lies and calumnies, you can find help in handling the situation by coming to the Law Office of James R. Snell, Jr., LLC.

Defending You Against the Allegations

This may be a highly stressful situation for you and you may not know what to do next, but fortunately we have helped many people in situations similar to yours. We are prepared to investigate the case to find evidence that proves that you are innocent of the accusations, and we can work with your divorce lawyer to see that your rights are protected both against the criminal charges and in the family law court. It is not enough to go into court and claim that your spouse is lying. It is necessary to be able to clearly articulate the reasons why he or she is lying, to furnish evidence such as statements from witnesses and testimony as to the character of the other party, any history of mental illness or any past history of lying. Our goal is to clear your name of the charges and ensure that you can walk away from the divorce in the best possible position to start a new chapter in your life.