Accusations of domestic violence in a divorce case can lead to the issuance of a restraining order. While there are definitely times when a spouse feels threatened, and a restraining order is necessary in a contentious divorce case, sometimes the allegations of domestic violence are false and used to retaliate against the spouse. In fact, allegations of domestic assault occur in 25% of divorces, and 70% of all restraining orders are found to be trivial or false. 

If you are facing an allegation of domestic violence and a restraining order during your divorce case, it's crucial for you to seek the help of a domestic assault attorney in addition to your divorce attorney. Here's why and what you need to know to protect yourself. 

Violating a Restraining Order Is a Criminal Offense In Most States  

With an existing restraining order in place, contacting your spouse in any way is a violation of the restraining order, and you will be arrested even if you are technically innocent. "You can beat the rap, but you can't beat the ride," is an old saying you need to be fully aware of. Even if you are innocent of the allegations of domestic violence against your spouse, do not in any way contact him or her. The fact of violating a restraining order, however, is an offense, regardless of whether the allegations are true or false. 

Depending on state laws, a first-time restraining order violation is typically a felony, which could severely affect you for the rest of your life, even if the charge does not lead to a conviction. Charges can show up on employment screening checks and security clearance background checks. However, fighting the restraining order and false domestic violence accusations can lead to an expungement of the record of the charge. 

Understanding the Restraining Order Is Crucial 

It is crucial for you to fully understand the restraining order, so you do not inadvertently violate it. A domestic assault attorney can explain the restraining order to you and give you information and guidance on how to avoid particularly difficult situations you may be faced with, such as when your children have a school function, and the school prefers for both parents to attend. 

If your spouse contacts you, forward all communication to your attorney. Your attorney can provide you with various methods of doing this, such as taking screenshots of text messages and including time and date stamps, to show that your spouse is a vexatious litigant, which could overturn the domestic violence accusation and the restraining order.