Many divorce cases in New Jersey include allegations of domestic violence or domestic abuse. In some of these cases, the allegations are factual, but in others they are nothing more than false accusations designed to give the accuser the upper hand in a divorce settlement or child custody dispute. Because of this, it is very important for those involved in domestic violence disputes to seek legal counsel as very serious penalties may result in both criminal court and family law court–including jail time and the loss of child custody.

An example of this is currently taking place in another state where a surgeon was accused by his wife of sexual assault. Although a criminal court cleared the man of the charges in November, he is now facing the allegations for the second time around during a divorce trial.

The couple has significant assets that will be divided in the divorce, but likely more important is the custody of their three minor children. Both parents have sought primary physical and legal custody, but the father’s parental rights could be greatly limited if the court finds that there is any evidence of domestic violence.

As mentioned above, a criminal court has already found the man not guilty of all of the allegations. However, family courts are civil courts, and the burden of proof in civil court is much lower than in criminal court.

In Ohio, where this case is taking place, a court needs only to find credible evidence that violence occurred, or that a pattern of violence or the use of a weapon resulted in serious injury in order to take custody away from the alleged violent parent.

The outcome of this case remains to be seen, but it should be a reminder to New Jersey residents who are accusing someone of domestic violence–or who stand accused of domestic violence–of the importance of seeking legal counsel as soon as possible. Domestic violence accusations involve very high stakes for everyone involved.

Source: Grand Forks Herald, “Divorce trial begins Monday for surgeon acquitted of sexually assaulting wife,” Mike Notwatzki, Jan. 13, 2013

• Our New Jersey law firm advocates for victims of domestic violence as well as defends those who have been falsely accused of domestic violence. For more information, please visit our Domestic Violence page.