Asian Journal- The Filipino-American Community Newspaper

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.

Second, husband is more likely to lose the custody of the children if children are involved. His custody right could be reduced to mere visitation or even worst none at all. This arrangement could easily turn into the status quo in the divorce case.

Third, husband gets to pay child support if wife gets custody of the children as a result of the domestic violence application. This situation would further put a strain on husband’s financial resources. Depending on the Judge if husband earns significantly more than the wife, wife may be awarded attorney’s fees and cost under the family code to equalize the playing field.

Fourth, wife will have a restraining order against the husband protecting the wife and sometimes the children. This restraining order if issued as a CLETS is recorded in the police database. This means if husband violates the restraining order, all that the wife needs to do is to call the police and husband will get arrested. This type of restraining order are usually issued with orders prohibiting husband from coming within 100 yards of the victim. It also includes prohibition from communicating by telephone. It also requires the restrained person to turn over any firearms and deadly weapon. This can be a problem if the husband is a law enforcement officer.

The domestic violence defendant should prepare very well for the domestic violence hearing to avoid the harsh consequences and tactical advantage to the other spouse if the TRO is granted. This should entail subpoenaing the police officer to testify in court if the police were dispatched in the scene without a resulting arrest. This should also entail lining up your third party witnesses that has personal knowledge of the alleged incident. Any pictures of bruises and injuries should be properly investigated and compared to medical records and the timeline of events.

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Atty. Kenneth Ursua Reyes was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, P.C. is located at 3699 Wilshire Blvd., Suite 700, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Visit website Kenreyeslaw.com.