My Wife is Falsely Accusing Me of Abuse and We Are About to Divorce in Florida. I Feel Like the Deck is Stacked Against Me Because of Her Allegations. What Can I Do?
I’m sorry to hear about your situation. False allegations of bad behavior are very common during the divorce process, and just because your wife is accusing you does not mean that you will be treated unfairly by the court. It does mean, however, that you should obtain a high-quality attorney as soon as possible, who can look out for your rights throughout the process.
It’s common as part of spousal abuse allegations for the “victim” spouse to seek an order of protection (sometimes called a restraining order) against the other spouse. In some cases, a heated argument in which both sides raise their voices, which are common during a divorce, could cause one spouse to go to a judge and claim to feel endangered and seek a temporary restraining order during their divorce, which is granted in many cases. The other spouse often does not get notice of the order of protection until it’s already been granted. It may be weeks or months before the accused spouse can explain his side of the story in court.
Once an order of protection is in place, it can change the way the divorce case is handled. The order of protection can force the father out of the home, and can put a financial strain on him. Even if the charges are later found to be groundless, the order can appear later in background checks.