Attorney Churak’s Best Advice
Interviewer: Is there anything else people can do to mitigate the situation?
Attorney Churak: If a situation with a spouse or partner is getting out of hand, my best advice is walk away. If you can’t control your temper and there have been issues before, walk away.
If you’re in a marital relationship and you’re going through divorce and there are issues and there is hostility, make sure you have a witness or two with you at every time you’re with that other individual.
Protecting against False Accusations: If You Are Experiencing Hostility with a Spouse or Partner, Protect Yourself in All Interactions by Having a Witness Present Who Can Attest to Both Your Actions
I tell clients to protect themselves. If you’re going to go pick up your children, bring some other people along with you. Call for a police presence. Bring a neighbor. Bring some other people that can verify that all you do is pick up the children and you never had any physical contact with your wife. In my experience, allegations can arise out of emotion, not from fact, and a witness is your best protection against a false accusation.
I’ve had client’s video record what transpires when they are in the presence of their wife or husband or have a neighbor or friend video recording everything. That’s something that’s been done.
Whatever you think you can do to protect yourself in that situation you should do. If you’re in a marital situation or boyfriend/girlfriend and you’re drinking and you’re fighting, and often these incidents arise when parties are drinking, and then they get into arguments where they get a little physical with each other and unfortunately, one of them goes to jail.