False Accusations of Domestic Violence in an Arizona Divorce
False allegations of domestic violence in an Arizona divorce case can have significant negative consequences in the form of legal custody the judge orders, the time you are allowed to spend with your children, it could result in you being served with an Order of Protection, and it could lead to the surrender of your firearms to a law enforcement agency.
If you are served with an Order of Protection you need to abide by the terms until such time you request a hearing and the Order of Protection is vacated. However, you also could lose your right to possess firearms if the court finds, after a hearing, that you did commit or were going to commit an act of domestic violence against your spouse or children. So, it is important you hire an attorney who knows how to prove accusations of domestic violence are not true.
How to Prove an Accusation of Domestic Violence is False
Your attorney has a right to receive any police reports or hospital records. Your attorney can also take your spouse’s deposition to ask her to provide details of the alleged domestic violence incidents. A deposition is a proceeding that typically occurs in your attorney’s office in the presence of a stenographer.
Your spouse is placed under oath the same way he or she would be if you were having a trial in the courtroom. Your attorney should have the experience to know what questions to ask, such as were there any witnesses, did you have any injuries, did you get treatment for any injuries, did you tell anyone else about it at the time you allege it occurred or are the allegations coming out for the first time in your divorce. There are many more questions an experienced domestic violence and divorce attorney in Arizona will know to ask.
Chris Hildebrand wrote this article about false accusations of domestic violence in a divorce in Arizona to ensure everyone has access to information about divorce laws in Arizona. Chris is a family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through.