Evidence of domestic violence can tip the scales in a child custody dispute. Florida family courts have an obligation to put the safety and well-being of the child first and will likely curtail the rights of an abusive parent. But what happens when one partner makes a false accusation?
Florida has a pro-arrest policy for domestic violence. When police respond to a domestic violence call, they are obligated to arrest the person who appears to be the primary aggressor. In some cases, this turns out to be the victim. For example, an abusive man can turn the tables and manipulate the police into seeing the woman as crazy and unstable. Another dangerous tactic would be a woman filing for an injunction of protection against her ex, falsely claiming that she is fearful of violence. The injunction might be granted if she tells a convincing story.
Do not underestimate the seriousness of a false domestic violence charge. Family court may not see it as a simple “she said, he said” situation and it could end up adversely affecting your parental rights. Contact a reputable family law attorney immediately if you find yourself in this situation. You need attorneys who have the experience and resources to investigate the allegations made against you and gather evidence to refute them. We can also offer support and advice to help you minimize the acrimonious situation and move forward productively to reach a child custody agreement that is best for everyone involved.