Assault and Battery Cases used a weapon in divorce court

A lot people nowadays are being charged with assault and battery. Sometimes, the alleged victim in an assault and battery case is using it as a weapon in divorce court or probate court. Unfortunately, this problem is not one that can be easily corrected.

Typically, the alleged victim calls the police and the defendant gets arrested. If the defendant does not make bail at the jail, then the defendant will usually be brought in the next available court date. This means that if the defendant is arrested on Friday night, doesn’t make bail and there is a long weekend, the earliest the defendant can get out of jail is Tuesday.

While the defendant is still waiting to be arraigned, the alleged victim may take this opportunity to go to probate court for emergency orders. It is pretty common to have a defendant get released and then find out that he or she has lost custody and has a restraining order to stay away.

This is not to say there are not true victims that only go to the probate court after an incident happens to gain custody of the children. However, there is also a certain population of people out there that seek to have a person arrested just so they can gain an advantage in divorce court.

As stated earlier, this problem is not one that can be easily corrected. The problem is that certain people call the police and make false allegations to gain an advantage; however, it is very difficult for the police to determine if people are telling the truth. Therefore, it is very important to protect yourself at all times and be prepared when false allegations may be brought against you.

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