Accusations of domestic violence are very common
in divorce. Generally speaking, the victim of domestic violence goes to
court to obtain a temporary restraining order. If granted, there will be
a hearing within 14 days to determine whether the order should be
extended or made permanent. If there is not sufficient evidence that
abuse occurred, the court may dismiss the petition.
An accusation of domestic violence is a serious
charge and needs to be treated seriously. A restraining order can
separate husbands and wives and parents and children. Foreign nationals
who are charged with domestic violence can face deportation if they are
convicted.
No amount of domestic violence should be
tolerated. At the same time, an angry spouse should not be allowed to
manipulate the court system in order to gain leverage in a child custody
dispute or get the other party out of the house.