My spouse is accusing me of domestic abuse during our divorce

On Behalf of | Jul 27, 2023 | Criminal Defense, Family Law |

Nebraska is a no-fault divorce state. Therefore, when you want to file for a divorce, you and your spouse must only express that your marriage is beyond repair. A no-fault divorce does not always prevent a contested divorce. Issues such as child custody, child support, property division and alimony automatically arise during any divorce. These points of contestation can be even more complicated when you have more assets on the line, and your spouse is determined to keep them.

If you and your spouse cannot agree on a divorce settlement, then you will need to address the disputes in court. A courtroom can prove to be an adversarial environment for disgruntled spouses. Your spouse might accuse you of domestic violence to obtain child custody or a more favorable divorce settlement agreement. They might make false claims of domestic violence to get back at you for the divorce. Domestic violence is a serious crime. You need to be ready to protect and defend yourself.

Remain calm and silent

The moment you have wind of such ludicrous accusations, the immediate reaction would be anger and frustration. Your spouse would be an expert at pushing your buttons by now. Do not give your spouse the satisfaction of establishing aggressive and unhinged behavior. The court may misconstrue your reaction as a predisposition to violence. In fact, you do not even have to react at all. You do not have to say anything that might incriminate you in a court of law.

Avoid being alone with your spouse

While reaching out to your spouse and confronting them can be tempting, you should avoid being alone with them. They can use your meeting as evidence against you. Always have a witness around if communication is ever necessary. Remember, your children should never be witnesses.

Follow court orders

Your spouse may have filed a restraining order against you and requested temporary court orders. They might lure you into meeting with them by using the children or another area of weakness. You should always uphold the terms and conditions of any court order, no matter what. A breach of any court order can be highly damaging to your case.

If your spouse accuses you of domestic violence, they have the burden to prove you are guilty beyond a reasonable doubt. Do not help them get that proof.