If i was falsly accused of domestic violence and i took it to trial and was found not guilty, can i use it in my advantage?

Asked over 1 year ago - Malvern, OH

I am filing for divorce since she falsly accused me of dv m1 and was found not guilty, can i use it against her in child custody hearing? divorce? child support?

Attorney answers (3)

  1. Brian Glen Jones

    Contributor Level 10


    Lawyers agree

    Answered . The finding of not guilty ca be used in a variety of ways. In addition to your thoughts, if you want to sue her for false arrest, defamation or other civil torts, you will need to do so in the divorce proceeding or risk losing the claims forever.

    ***Vigorous Criminal Defense in Central Ohio*** www.TheLawOfficeofBrianJones.com ***False Allegations of Sexual... more
  2. John Maurice Holcomb

    Contributor Level 13


    Lawyers agree

    Answered . A not guilty finding in a criminal case is not binding on the court in a subsequent divorce case. She can still accuse you of beating her, and you can accuse her of making it all up. The judge will sort it all out based on the civil burden of proof, "preponderance of the evidence," which is lower than the "beyond a reasonable doubt" standard used in criminal cases.

  3. Donald Michael Gallick


    Contributor Level 16


    Lawyers agree

    Answered . Talk to an experienced domestic relations attorney as soon as possible. You should also consult with a criminal defense attorney about filing a motion to seal the domestic violence case. Until it is sealed, an employer could access that domestic violence case, and even though you were found not guilty, it will not benefit your career prospects.

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