Victims of domestic violence are often in vulnerable positions. Their lives may be in danger at any time, but they may be emotionally or physically unable to get away from their abusers. This is why law enforcement takes accusations of domestic violence very seriously. Once someone reports abuse, police may have no choice but to set in motion the wheels of the justice system.
While this may benefit those who are truly in danger from domestic violence, it places others in a difficult position. It is no secret that the law may compel police to arrest a suspected abuser, so some will take advantage of this during especially emotional or tumultuous breakups. If your ex-partner has called the police and reported that you were violent, you have a lot on the line and would do well to seek legal counsel quickly.
Law enforcement train to err on the side of the victim of abuse even if that alleged victim recants. Since true victims of abuse may also be victims of intimidation, they often regret when they report their abusive partners or worry about the consequences. Therefore, if your spouse or partner falsely accuses you of being violent, you both may quickly lose control of the situation.
Unfortunately, it may seem to you that your partner has all the advantages in this case. Whether you are in the middle of a custody battle or your ex is simply acting vindictively, you should be concerned for any of the following consequences:
- Following your arrest for domestic violence, a judge may issue an order of protection.
- An order of protection restricts you from returning to your home, even to obtain your belongings.
- You may lose any contact with your children or, if you are very fortunate, have only supervised visitation.
- Domestic abuse allegations could destroy your chances of gaining any custody rights from the divorce.
- The court will not allow you to contact your ex under any circumstances, even by sending a message through a friend, without risking criminal charges or jail.
- If a court convicts you of domestic violence, you may lose other valuable rights, such as the right to purchase or own a gun.
While the intention of the drastic consequences of a domestic violence arrest and conviction is for the protection of those in dangerously abusive situations, your ex may be using the system to gain an advantage in your divorce or custody case. You deserve the protection of your rights under Georgia law. For assistance in demanding those rights, you may benefit from the skill and determination of an attorney.