Friday, September 11, 2015

Question: If I stay in the marital home during separation, how do I protect myself from false claims of domestic violence?

Answer:

Let's start with this:  if you are a victim of domestic violence, you should be contacting law enforcement immediately, not reading this blog.  

At Maryland Family Law Firm, L.L.C., we know that family violence is a crime.  We also know that, too often, the laws designed to protect true victims are used as leverage by one party or the other in separation and divorce.  We have represented real victims of domestic violence who were told by certain victim advocates to lie in court and say they were injured when that was not true.  We have seen too many instances where the real victims were denied an order of protection, and we have seen too many manipulative litigants who know how to work the system and were given an order of protection.

So how do you protect yourself?  Here are the top five tips, mostly designed for husbands and fathers, but they really apply to the partner who is physically bigger and stronger, no matter your gender:

Tip No. 1:  DO NOT ENGAGE!

Tip No. 2:  If your spouse insists on an argument, clasp your hands firmly behind your back and move toward the nearest exit.

Tip No. 3:  If your spouse continues to approach you physically, under no circumstances should you raise your arms toward him/her off --- head for the door and use it. If there has been no physical contact, see a lawyer immediately.  If there has been unwanted physical contact and you were injured  or if you seriously believed you were in danger of imminent bodily harm, go straight to the police, then find a lawyer.

Tip No. 4:  DO NOT provoke a fight.  In Maryland, and in most states, courts can issue joint orders of protection if they find that a couple is equally at fault in a violent situation.  (See Tip No. 1).

Tip No. 5:  Whatever you do, if the situation at home is unbearable and you are concerned that your spouse may try to manufacture a situation where there is a physical altercation, you should talk to a lawyer immediately and get advice about your situation.

You can call us, email us, or send an inquiry, all at our website: www.marylandfamilylawfirm.com.