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Domestic Violence & Spousal Abuse - Are there ever false complaints under the Domestic Violence Act?

Q. Are there ever any false complaints made under the Domestic Violence Act?

A. On a rather disturbing note, it is true that groundless domestic violence complaints are filed every year. There appears to be three leading motivations for abusing the system in this fashion.

1. The "victim" wants to exclude the estranged spouse or lover from the home.

2. The "victim" wants to achieve a perceived advantage in the context of a contested child custody action.

3. The "victim" wants to punish the alleged aggressor for things having nothing whatsoever to do with domestic violence.

If an innocent party has been unjustly accused of an act or acts of domestic violence, it is strongly recommended that competent legal counsel be immediately sought. Pro se representation should be avoided if at all possible. In choosing an attorney to defend against a false domestic violence claim, great care must be taken to ensure that the attorney is well-versed and experienced in this area of the law. It is extremely difficult to get rid of a Final Restraining Order "once one has been entered" without the purported victim's consent. Experienced New Jersey Family Lawyers with special knowledge of our domestic violence laws should be contacted the moment it is suspected that a false accusation may emerge.

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