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Domestic Violence Allegations

Getting an Order of Protection

Impact of an Order of Protection

Have you ever yelled at your spouse during a heated argument or touched your partner’s arm to emphasize a point when you’re angry? If you’re like millions of couples, you probably have—and you probably thought it was no big deal. This behavior is something you should avoid, and continually work on improving, but if you’re able to talk through it with your partner, it doesn’t have to be the end of your relationship.

But if that relationship is strained and/or you’re heading fordivorceor separation, those simple actions could be deliberately misrepresented in court in a way that could result in your being removed from your home. You might be temporarily—or even permanently—prevented from seeing or spending time with your children.

“It’s common for people in relationships to feel very activated during conflict and engage in behaviors in the heat of the moment that can later be magnified and used against them in court” says Yolanda Renteria, LPC

If you or a loved one are a victim of domestic violence, contact theNational Domestic Violence Hotlineat1-800-799-7233for confidential assistance from trained advocates.For more mental health resources, see ourNational Helpline Database.

If you or a loved one are a victim of domestic violence, contact theNational Domestic Violence Hotlineat1-800-799-7233for confidential assistance from trained advocates.

For more mental health resources, see ourNational Helpline Database.

However, in many cases, one party (usually the one who is feeling most vindictive or who has tried to turn the children against the other parent), makes false and unsubstantiated claims of abuse as a way to game the system. The goal is to better their chances of getting the desired outcome, which is typically to get 100% physical and legal custody and keep the children from the other parent.

“False accusations happen commonly when your partner wants to have power over you or the situation,” says Renteria.

Under state and federal laws, including the Violence Against Women Act (VAWA), the term “abuse” goes beyondphysical abuseand includes harassment, intimidation of a dependent, and generally interfering with someone’s personal liberty.Blocking the door during a heated argument and yelling or touching your spouse, even while you’re saying, “Please stop. I love you!” may just land you in jail.

How to Leave an Abusive Relationship Safely

In the military, commissioned officers can issue a military protective order, which restrains service members. Those orders are generally effective only on military installations, so many spouses seek civilian orders of protection instead.

Orders of protection can be broader than just “stay away” orders. An order of protection can not only order the accused to stay away from a particular person or location, such as a residence, the accuser’s workplace, a child’s school, etc.. It may also forbid the accused of disposing of property or taking the children outside the court’s jurisdiction. These orders can be a very dangerous and wrongful tool if used improperly.

If you’re served with an order of protection, it’s essential that you get a lawyer immediately. The impact of an order of protection, if it’s based on false allegations, can be broad-reaching in separation, divorce, or child custody proceedings.

In some instances, supervised visitation may be allowed in spite of an order of protection. But in most cases, the person facing theabuse allegationsand the children are kept apart entirely, at least initially. This is where a false allegation could potentially be bootstrapped into a disastrous result in a custody case.

If the children are being legally prevented from spending time with one parent, then the other parent potentially has an unfair advantage in a contested custody proceeding. For example, the accuser would be able to claim that since the children have been with them 100% of the time, changing custody to 50/50, or even allowing visitation, would upset the children’s established routines and shouldn’t be allowed.

If you have been accused of domestic violence in conjunction with any family court matter, you need the skill and experience of attorneys who have fought these battles many times before and have the ability and confidence to win no matter the odds.

It’s important to swiftly and effectively move to have an order of protection dismissed, vacated, or at least modified to allow extensive visitation in order to re-level the playing field in a contested custody proceeding. Clearing your name and putting your best arguments and evidence before the court is crucial in getting the outcome that is best for your family.

Keep in mind that to be accused of domestic violence, you don’t have to have committed an actual violent act. In many cases, claiming to be feeling threatened or unsafe is enough to start the process. If you find yourself facing such a crisis, don’t give up hope. An experienced lawyer can help you.

Best Domestic Violence Support Groups

1 SourceVerywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Authenticated U.S. Government Information.One Hundred Thirteenth Congress of the United States of America.

1 Source

Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Authenticated U.S. Government Information.One Hundred Thirteenth Congress of the United States of America.

Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.

Authenticated U.S. Government Information.One Hundred Thirteenth Congress of the United States of America.

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