Mr. Beach’s client was married with children. His wife filed a petition with the court asking for a restraining order that gave her emergency custody of the children. To get an emergency restraining order granted, she had to allege some act of physical abuse. She alleged that Mr. Beach’s client forced her to have sex against her will. At the trial, Mr. Beach cross examined the wife about her accusation. She admitted that she had consented to have sex - she just wasn’t really into it. The judge denied the restraining order allowing child custody to be decided through the normal family law process.
