Domestic violence is a serious problem in America, as is making false claims of abuse. If you have been a victim of domestic violence or you have suffered because of unfounded abuse accusations, it is important to contact a lawyer to protect your interests.
If police are called to a domestic disturbance, they will look for evidence of physical abuse such as wounds, bruises, overturned furniture or broken glass. In Northern Virginia the police must make an arrest if there is a mark on the person making the complaint or if the other party admits to assaulting the victim, and they will obtain an emergency protective order for the alleged victim and any children involved. In the absence of evidence of assault, the responding officers will encourage the parties to separate and have a cooling-off period.
Protective orders (sometimes called restraining orders in other states) are powerful legal tools. They can be very effective in protecting a victim from his or her abuser. Unfortunately, they can also be misused. Making a false accusation to the police to gain advantage in divorce proceedings, custody arrangements or to exact revenge upon the other parent, is a violation of the law that can land you in jail.
I often see immigrants here on provisional spousal or fiancée visas making bogus abuse complaints, because our immigration laws allow victims of domestic abuse to extend or convert their visas. One divorcing spouse calmly told my client that she was going to file a complaint for abuse against him so she could get a green card. It did not go over well with the judge and she lost custody of her child.
As an experienced family law attorney, I can make sure you are protected from abuse to the maximum extent of the law. Likewise, if you are the victim of a fraudulent complaint, I can see to it that the case is dismissed.