What to Do if Accused of Abuse in an Orlando Divorce

Abuse is a very serious allegation during an Orlando divorce. Unfortunately, many spouses throw this accusation around far too lightly, even when they have little evidence to back up their claims. If you believe you were wrongfully accused of domestic violence, child abuse, or some other type of misconduct during your divorce, it is very important to proceed carefully. A divorce lawyer in Orlando can guide you through the next steps.

Only Respond Through Proper Legal Channels 

When facing allegations of abuse, many spouses make the mistake of replying in public. They may write lengthy social media posts protesting their innocence. They might accuse their exes of lying. Perhaps they’ll tell their children not to believe what they have heard, and that the other parent is making false allegations.

However, much of this behavior can prove problematic. If you want to respond effectively to these allegations, you should do so through proper legal avenues. In fact, it is probably best to remain silent about the entire situation until you have a chance to speak with your family law attorney. Anything you say or do in connection with these allegations could be used against you in court. It is all too easy to make self-incriminating or problematic statements – even if you’re protesting your innocence.

If you speak negatively about your ex to your children, the court may perceive this as a form of “parental alienation.” As a result, you may experience negative child custody outcomes – even if you are correct in your assertion that your ex is lying.

Understand That the Burden of Proof Lies With the Accuser 

In the United States, no one ever has to prove their own innocence. Instead, the burden of proof lies with the accuser. If your ex believes that you engaged in abuse or domestic violence during the marriage, then they must show a “preponderance of evidence” during a divorce trial. If they cannot meet this evidentiary requirement, the court should not penalize you for the alleged incident(s).

That said, an experienced family law attorney may be able to help you present evidence in your defense. This evidence might include alibis, character witnesses, video surveillance, cellphone metadata, and much more.

Can a Divorce Lawyer in Orlando Help Me Fight Allegations of Abuse? 

A divorce lawyer in Orlando may be able to help you push back against allegations of abuse. These allegations could affect child custody and many other aspects of your divorce, and there is no sense in simply sitting back and accepting this without pushing back. Steve Marsee, P.A. has handled numerous divorces over the years, including those involving allegations of misconduct. Schedule your consultation today to learn more about the next steps.

Sources:

psychologytoday.com/ca/basics/parental-alienation

law.cornell.edu/wex/burden_of_proof