Spousal abuse filed after the divorce?

Question

I filed for a divorce in CA, and after one month of my filing the divorce, my wife is filing spousal abuse against me.
She is telling all lies to get revenge of the Divorce, I just want to get rid of her but it seems she is making thinks complicated for me.
How realistic is her claim ? Do you think the Court will buy her claim ? My only fear is that she is a women and women always gets the favor in this typ of case --peopl belive women more than a men in case of abuse.

How can the Court find out whether she lies or not?

Answer 1

if your ex doesn't have evidence then her claim will be hard to prove. Get a consultation usually the first is free and see where you stand. But if you have any history of abuse you may have trouble. You don't have to worry the court will definitely investigate to be sure her claim is worthy of their time. if her lawyer does have the evidence such as police reports and hospital visits things could go bad but since her claims are after the fact then I would say that you really don't have anything to worry about. Good luck with that. and believe me there are more women being taken off to jail in domestic abuse calls and more mothers losing their children and ordered to pay child support nowadays the percentage IS rising.

Answer 2

A. Find yourself a very good lawyer ASAP!

B. DO NOT TALK TO HER. For any reason or see her or have any type of contact with her unless it's through the good lawyer. Sounds like she's out for blood and will stoop to anything if what you say is true, so be smart about it.

C. It's her word against yours. I don't know how realistic her claim in the court of law without personal experiene or being a lawyer, but I would imagine she would have to have evidence or someone who witnessed you abusing her.

Evidence would be if the people were ever called to your house for a domestic problem. If she ever accused you of spousal abuse to the police in the past or if you've ever had a domestic problem with anyone else in the past.

Eyewitness would anyone willing to testify that they witnessed you abusing her be it physically or emotionally or verbally.

If you have a police record that might not be such a great thing either. However if she has none of the above I can't imagine her claim having any weight in court without any concrete proof.

BUT, we're crazy in America and quite a few of our judges have passed some inexplicably unfair judgements down...so you never know and you should take every step to protect yourself.

Make sure you do A and B!!

Answer 3

You're the only one who can answer "how realistic is the claim" since you're the one in the relationship with her,and you're the one who she is alleging abused her.

The court has no sure-fire way of knowing for certain your ex is lying or not. They'll ask for witnesses, previous claims, history accounts of abusive actions against her. Did she file police reports against you for abuse? If she can't produce any of the three (or others I'm not recalling) I doubt she has a leg to stand on. If it comes to a confrontation in court, you always have the right to cite her vindictiveness. As a recourse, you could always claim she was abusive towards you as well, emotional abuse. It's a valid claim, but then again- you'll probably need proof to back it up.

Answer 4

There should be some type of official investigation. Get a good lawyer and be prepared for an ugly fight. She may be out for revenge as well as a way to leverage getting more out of you in the divorce. Be careful & get counsel.

It difficult to say anything about CA law (I don't live there), you might try some research to see how those types of cases turn out in general - but, your best bet is a good attorney. Document everything (times/dates/details), take pictures of property, vehicles, personal possessions, etc. Make sure all financial accounts can't be touched by her without a court order and get ready for a big, ugly fight.

Answer 5

In divorce the sky is the limit regarding allegations, some true, some not. If she has proof, she could win. If you filed for the divorce, then she filed abuse? Why did she wait to file after the divorce was filed, why did she not file before and file for a divorce herself. Most divorces are complicated, but a Judge is hard to fool. No proof, no case.

Answer 6

According to New Mexico divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires only the statement of incompatibility. Fault grounds can include, but is not limited to, adultery, abandonment and cruel and inhumane treatment. Additionally, one of the spouses must have been a resident in the state of New Mexico for six months prior to filing for divorce in NM. If one spouse refuses to sign...the other can still seek & obtain a divorce on statutory grounds.

Answer 7

just because your a man, and she has made allegations against you, the proof that you did or not not abuse your wife is not an issue at this point. does she have witnesses? does she have bruises or marks on her body to substantiate her claims? do you have witnesses that can vouch for your conduct, these are some of the questions that an attorney should ask so that the court can reach a fair decision

Answer 8

You need a lawyer. Do not go to court pro se (representing yourself) in this matter.

Her claim will be as realistic as her acting ability. She'll have to answer some interesting questions about the circumstances of the alleged abuse. A good attorney will trip her up during questioning.

Answer 9

Since it's after the divorce, it does seem a coincidence seeing as you also were the one to break it off. Maybe if you get some good witnesses or something, but I do hope and think they will see it as a revenge motivated case.

Answer 10

I feel for you brother. I am in much the same situation and understand your situation. Try to get into a mens support group where other people like yourself can share experiences.