False allegations of abuse happen all the time in cases of divorce, and sometimes the courts will side with the person making up stories. Unfortunately, the consequences are almost always undesirable. You may be shocked to know that up to 70% of cases involving allegations of abuse during custody disputes after divorce are untrue. The sad fact of the matter is that sometimes it’s one party’s word against another. If a woman asks for a protection order during court, the judge will usually grant it based on words alone.
Fighting False Allegations
When a false allegation of abuse is made against you as you are going through a divorce, you should always act quickly with the help of an attorney. Here are some good steps to take:
Seeking Help: If you do not have an attorney to handle your case, speak to one you can trust immediately for the best advice. This will help minimize the claims being made against you in the eyes of the court.
Understanding the Law: Every state is different when it comes to domestic violence and what is what. This is why it is important to understand the laws determining abuse and work on building your defense.
Preparing Evidence: Perhaps you have evidence of the other party’s ulterior motive through texts, emails, or video. This is good evidence to show the court to prove that you are working to defend yourself against false allegations.
Proving Motivation: Maybe you even have strong evidence of the “victim” threatening to make a claim of abuse. Sometimes a party will use this as a way to gain advantage in the divorce case. This can be used in defense to your lack of actions.
Witness Testimony: If the accuser says that a certain event happened but witnesses know differently, you can have these witnesses give testimony on your behalf. They may even be able to prove an alibi for a specific event in question.
Composing Yourself: Always present a good image of yourself to the judge. This will help with your credibility and also help you gain respect in the courtroom.
Fighting allegations of abuse can be difficult, which is why we want to be there during your case. We will help you build a case in your divorce, so call us today for help.
