Many women contemplating divorce file false allegations of domestic violence against their husband as a matter of tactical advantage in a divorce case. This is often done either without notice to the husband or ex parte with 24 hour notice. It is unfortunate that there are bad apples out there because it shifts the burden to the Courts to weed out which cases are false and which are meritorious enough to deserve protection under the law. Courts often take the side of caution in these cases specially where physical abuse and contact are involved. Court tend to protect women and children because they are the most vulnerable in our society. Unfortunately if the allegations are false, it often gives the domestic violence applicant a tactical advantage in a divorce proceeding against the husband in several respects.

First, the husband can be ordered to move out of the family residence immediately or on short notice. This puts the husband in a difficult position of having to look for a place to stay and not having enough time to take personal belongings and documents he may need in a future divorce battle. If the husband is the high earner in the household, he may also be ordered to maintain the household even though the wife is the one that lives there. Husband is placed in the situation where he has to maintain two households.