Family law and criminal law sometimes intersect, and it frequently occurs during a divorce when one spouse accuses the other of domestic violence. That definitely escalates the situation between the parties and makes civil resolution far more difficult.
Without negating the very real horrors domestic violence can inflict upon the victims, there are cases when the accuser makes such allegations in order to get the upper hand in the divorce proceedings.
A person who stands accused of domestic violence may be taken from their home in handcuffs and forbidden under penalty of jail to return. They may not be able to spend time with their kids until the case is adjudicated or their parenting time may have to be supervised. Their right to keep and bear firearms could be jeopardized.
There are also social ramifications, as people accused of domestic violence can be ostracized by family and friends. They may get suspended or fired from their jobs.
Domestic violence charges are serious and must be defended as same. A defendant could not just get the short end of the stick in the divorce case but also wind up spending time behind bars.
Not all family law attorneys are well-versed in criminal law and able to successfully defend their clients from domestic violence allegations. Having the same attorney's firm competently handle both facets of a case can reduce attorneys' fees and streamline the process.
Don't let false domestic violence charges derail your life and adversely affect the terms of your divorce. Begin planning a strategic defense to the charges as soon as possible.