In 2012 my ex-wife filed a false accusation of domestic violence and had me arrested and jailed. In her police report she made other accusations of past abuse. All of this was a tactic to gain an advantage over our custody issues in order to move away with our daughter. The DA and Police dismissed the charges but the case in family court lingered. The only outcome in family court after the DV charge was that there was a non-clets restraining order between us both. In November of 2014, I petitioned the court for factual innocence and it was granted. I'm just as much a loving parent as my ex-wife. I would like to know if there is any recourse against my ex-wife in either family or civil court. Might a finding of factual innocence convince the family court judge to award me custody?
Sorry to hear about your situation, especially for your daughter. Unfortunately, this is far too common in child custody issues and the courts do not take kindly to it. Do you have any recourse? Yes, you have legal options, but do you really want to seek revenge in a civil court? What's best for your daughter is the primary concern here. Yes, this can be considered in family court. Highly recommend using Avvo or Google to look up a family law attorney in your area and provide them with all the information and let them advise you. Most firms will not charge a fee for consultation. Good luck.
You should make an appointment to meet with an experienced family law attorney who has handled DVRO matters. In issues of custody, the paramount concern is what is in the best interests of the child as to what parent gets primary custody. The DVRO allegations, if they have nothing to do with custody or visitation, may not influence the judge one way or the other about custody of your children. And a finding of factual innocence alone will not convince the judge to award you custody.
I would highly recommend contacting my receptionist, I would love to help you in any way I can.
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