How big of a problem are false accusations of DV in contest child custody cases?

On Behalf of | Oct 4, 2021 | Criminal Defense

Child custody negotiations are an extremely stressful time for parents. When each parent wants to gain custody of their children, they may do anything to keep their children with them. Unfortunately, some parents may consider falsely accusing the other spouse of domestic violence to gain the upper hand in negotiations, but how damaging can the consequences of that decision be?

Missouri law outlines how domestic violence charges can impact custody arrangements, but just how big of a problem can the consequences be? If your ex-spouse is alleging domestic violence against you, it is important to know what is at stake.

Why you should fight the accusation

When anyone accuses you of domestic violence, the consequences can impact nearly every aspect of your life. Even an accusation can hurt your reputation with your friends and family, but more importantly, it can keep you from your children.

Accusations of abuse, stalking, battery, coercion, assault or other behaviors can change a full custody arrangement into a visitation agreement. If the evidence supports the accusation, a court will only grant the allegedly abusive parent visitation if they feel it is in the child’s best interests.

In the event that a parent is successfully accused of severe abuse against the child (such as torture, regular abuse, sexual abuse, or other forms of that severity), the court will likely decide to eliminate both physical and legal custody over the child. This termination would be permanent and mean that the parent would have no right to see the child or make any decision about their wellbeing.

Treat these accusations seriously

If your spouse or ex-spouse is falsely accusing you of domestic violence, do not put all your faith in the truth protecting you. Arm yourself with an experienced attorney who can eliminate any question about whether or not you committed any form of domestic violence against your spouse, your children or anyone else.