In Massachusetts, domestic violence cases fall under assault and battery laws. The state statutes apply to a range of relationships, including not only married couples but also unmarried couples with children and those in committed relationships. Designed to broaden access to protections, the broad definition may also increase the risk of false accusations due to breakups or other complications.
There are a few common motivations for false domestic violence claims.
Child custody advantage
When a couple is navigating a child custody case, a domestic violence charge against one parent may create an advantage in the eyes of the court for the other parent. In an effort to protect the child, the accused parent might receive supervised visitation or no visitation at all. If you have a pending custody case, it is important to fight domestic violence charges to protect your parental rights.
When a relationship ends, sometimes the unsuspecting party feels scorned and hurt. They might look for a way to lash out at their ex. Unfortunately, false domestic violence claims happen more often than you would think in an effort for retaliation.
In some instances, domestic violence charges factor into a court’s alimony determinations during divorce proceedings. One party might file false claims of domestic violence in hopes of receiving a more substantial alimony award.
Understanding the motivations behind false domestic violence charges helps you formulate a sound defense. When you determine the motivation, you can tailor your defense to reveal that intention and cast doubt on the claims.