Domestic violence is often complicated. It can take a long time to sort through everything, especially when there are not any witnesses. At the same time, domestic violence certainly plays a role in divorce cases.
As such, some people are using it as a tool to get their way. It may all be a set up. According to one divorce expert, it works like this:
- A fight between the couples occurs.
- The person who started it calls the police and claims to be the victim.
- When the police arrive, that person strives to be calm and convincing. The spouse is then arrested.
- That spouse may be financially dependent on the other spouse. After the arrest, with that support gone, it's harder to fight the charges.
- The spouse who called the police is very aggressive in seeking charges, even if the other person wants to drop it.
- When the two go to get divorced, the spouse then uses the domestic violence case as a reason why he or she should get custody of the kids. It can be argued that there is a pattern of abusive behavior or that the kids would not be safe.
- If a conviction has been made, it's very hard to overcome that during the split.
Of course, there is danger in assuming that a domestic violence accusation is definitely a set up. It may be real, and the resulting divorce may be because the victim is trying to leave the relationship and protect the kids.
However, the fact that people have used this tactic to scam the system shows just how tough these cases can be. It's critical to know all of your legal rights.
Source: Forbes, "How Some Men Are Upending Domestic Violence Laws to Scam an Advantage in Divorce," accessed Dec. 22, 2017