Is it possible to take the ‘violence’ out of domestic violence claims by watching what you say in written and oral communications? In today’s hectic world and stressed family circumstances individuals going through the break-up of their family often times do and say things they might and probably would never otherwise say.
As a child we used to quote a silly rhyme that said something like: “sticks and stones will break my bones but words will never hurt me.” Apparently the divorce intelligentsia has decided otherwise. Today, words alone are sufficient to warrant a Court to enter orders immediately and indefinitely removing someone from their residence, prohibiting contact with his or her children, eliminating someone’s ability to conduct business from a home office or a location the complaining party claims an entitlement to.
If a spouse clams that you have threatened physical harm and/or in fact touched the complaining party without permission and consent, whether it causes injury or not, chances are the Court will enter orders to create an environment where neither party will have contact with the other. The rationale is sound because many, too many, serious acts of violence perpetrated by one spouse against the other occur during the times when the marriage and family is falling apart.
The Courts are attempting to keep the peace and frequently over react to claims made by one spouse ‘in an abundance of caution’. This frequently occurs while the other spouse does not even have an opportunity to show their side of the story.
If you fear your spouse may make such claims, or has already made claims and obtained orders then you may be able to take the ‘violence’ out of domestic violence claims by watching what you say and how you say it. You need to talk to one of our experienced divorce lawyers who understand the law and how it is applied in these cases. We are prepared to litigate unfounded or false claims and protect your rights, including but not limited to your relationship with your children and your ability to obtain access to your property.
Have you received restraining orders while in the midst of a divorce case in Carlsbad, Encinitas or Oceanside? If you are concerned about a domestic violence claim, protect yourself and contact Burke & Domercq, APC or call 760-434-3330 to schedule an appointment with one of our experienced attorneys.