The Role of Alcohol-Related Allegations in Family Cases

Alcohol abuse on the part of a spouse or parent may often lead to divorce, custody battles, or other events that may lead you into family court. Alcohol abuse, however, may cause unique issues to develop in your family law case, and it is always important to have an attorney who understands the effect that alcohol-related allegations may have on your case and life in general. Whether you are alleging alcohol abuse on the part of your spouse or you have been accused of drinking too much yourself, such allegations will likely play a large role in the strategy and logistics of your case.

Domestic Abuse Cases

Alcohol abuse is often linked with instances of domestic abuse. If you believe that your partner’s alcohol abuse has placed you or your children in immediate risk of harm, an attorney may help you apply for a temporary order prohibiting your spouse or partner from contacting you or your children. An order may also issue you temporary possession of the family home and temporary custody of your kids until you can have a formal hearing. At a formal hearing, a family law attorney can help you present evidence of your partner’s alcohol abuse and resulting threats or physical harm.

Sometimes, people make false allegations of domestic abuse to start to get the upper hand in an upcoming custody battle. If you have been falsely accused of domestic abuse, you may be facing serious consequences such as losing access to your children or criminal sanctions. You should always seek the help of a lawyer if false domestic abuse allegations have been made.

Custody

If you believe that your spouse has an alcohol problem, you may argue that shared custody or even unsupervised visits are not in the best interests of your child. On the other hand, you may have a spouse who is trying to keep your children away from you by falsely alleging that you abuse alcohol. Either way, it is important to have an attorney representing you.

If your spouse abuses alcohol, an attorney can help you get a court order that he or she may not consume alcohol while in contact with your children. This can be done by requiring an alcohol monitoring system, such as a SCRAM bracelet, a portable device that tests your breath for traces of alcohol, or through regular urine tests. Conversely, if your spouse has accused you of alcohol abuse, you may demonstrate that you are not using alcohol by using SCRAM or other tests. Regular clean test results can be strong evidence to present to a court that your spouse is making false allegations of alcohol abuse and that your children are safe around you.

Alan R. Burton is an experienced family law attorney who is dedicated to helping Boca Raton residents protect the well-being of their families in divorce, custody, and abuse cases. Mr. Burton has experience handling cases involving alcohol abuse allegations or any other issues that may complicate your case. If you are experiencing any family law issues, do not hesitate to call our office today for assistance.