It is very easy to be charged with domestic violence in the context of a separation as this is a time where there may a large amount of anger and emotional discussions between the parties. Domestic violence is not treated any differently just because the parties are separated and its definition remains the same as always.
Domestic violence includes the use or threat of physical or sexual force and includes emotional or psychological abuse or harassing/threatening behavior directed between partners with whom there is or was an intimate relationship. This means... MORE »
Unfortunately, men do remain at higher risk of domestic violence charges than women due to residual perceptions of men as strong and threatening and women as weak and vulnerable. Police are more likely to lay a charge of domestic violence against a man if called to the scene of a domestic incident and if there has been abuse from both sides, it is more likely that a man will be charged than the woman.
This does not mean that women will not be charged with domestic violence. It is not uncommon... MORE »
Unfortunately, there is a chronic problem in family law with false allegations of domestic violence. These are most commonly made in an attempt to win custody of the children or to force one spouse out of the home. It is very difficult to protect yourself from these kinds of charges and if you believe your spouse may make this type of claim against you the best thing you can do is move out of the matrimonial home immediately.
If you believe your spouse may attempt to falsify domestic abuse charges against... MORE »