Ed Shaw Law - Brainerd Attorney
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Please see our blog for more info on pandemic response.

Why would someone lie on court forms?

| Jul 8, 2016 | Domestic Abuse, Family Law, Orders For Protection, Restraining Orders

FAMILY LAW, DOMESTIC ABUSE, ORDERS FOR PROTECTION, RESTRAINING ORDERS.

It seems like an obvious question, people lie for fairly predictable reasons, money, power, sex, to avoid embarrassment, to get something they want. Unfortunately, it is hard to have a discussion about domestic abuse court proceedings without getting caught up in a polarized debate, advocates on one side who say no claim of abuse by anyone should ever be questioned, and deniers on the other who either say that abuse never happens, or that it is not a problem.

The fact is, domestic abuse happens, it is a serious problem, and, false claims of abuse are also a problem. We all know why an abuser would lie and say they did not commit abuse, they do not want to face a criminal conviction, lose custody of their children in family court, or face other consequences. It is also obvious why someone would make a false claim of abuse. A false claim believed by the court will usually give someone custody of their children, possession of a house and everything in it, and sometimes financial support.

A domestic abuse case has no filing fee, easy to fill out forms provided by the court that do not need lawyers to fill out, and hearings happen within a couple weeks. Seeking similar relief in a divorce case involves a filing fee, usually attorney fees to prepare and file the papers, and often months of waiting to get into court for a hearing.

When claims of abuse are made it is important for everyone, including the court to look critically at both sides and not assume that just because a claim is made, it must be true. Domestic abuse orders do carry serious consequences and an attorney should be hired immediately to help you with your case.