📱

Get Our Mobile App

Take your business learning on the go!

Download on the App StoreGet it on Google Play

How Do You Fight False Allegations of Abuse in Family Court?

Modern Law Divorce and Family Law Attorneys4:52

Transcription

Ladies and gents, good morning to you and happy weekend.

Today, we are going to talk about something pretty darn serious, and it doesn't happen that often. But when it does, it's, um, it's a pretty big deal. And these are pretty difficult cases. These are some of the most difficult cases. And I'm talking about when a spouse or a former partner accuses you of domestic violence and child abuse, and it's completely fabricated.

And we're not talking about, um, how they're describing an incident that occurred, you know, a fight that happened where, you know, somebody got pushed. No, it's not that type of accusation. It's the type of accusation where you've got a normal, loving couple, and all of a sudden, the spouse or the other partner is rewriting history. And they're saying that you've been horribly abusive your entire marriage, maybe that you abuse the children, and there's not a shred of evidence that confirms it.

Now, the, the real problem here is that how do you prove a negative? And whose job is it to prove that this didn't actually happen? This is not criminal court. It's not like the state or the other spouse has to prove beyond a reasonable doubt that you did these things. This comes down to a question of credibility. Who does the judge believe? Does the judge think it happened? And when you have a spouse or a former partner who goes to great details and great lengths to come up with, to make up all these events that have occurred, um, it can be very difficult and very confusing for a judge to figure out what's true and what's not.

There are two different ways that attorneys can approach the situation. Now, many attorneys will be like, "Nah, don't worry about it. Don't worry about it. Um, it'll all work out." And that is not the approach that I recommend at all. I think that if you are in danger of losing your credibility, your reputation, your children, um, that you have to fight made-up lies.

And how do you do that? You have to become an investigator, and you have to attack the character of the person who's making up the lies. If there are other instances where this person has made up lies or other instances where they've lacked credibility, you have to bring those up. This is the time where you have to depose someone. You have to ask them for great details about all of the alleged allegations of abuse. You have to point out inconsistencies. You have to poke holes in their story. Subpoena records, look at text messages. It's usually, you can usually find inconsistencies, but you have to look hard.

So, for instance, look at the time period where they said that all this abuse was occurring, and then look at the text messages that were occurring between the two of you, or, um, Facebook Messenger. Like, do, do the, was the conversations and the events that happened during that time consistent with what they're now saying happened? What about text messages between them and somebody else at the time? You know, did they ever go to see doctors? Did doctors ever ask them or do abuse screenings? Like, you really have to be very aggressive in defending your reputation, your relationship with your children, and your reputation to the court.

You need an experienced lawyer who's not afraid to become aggressive in fighting for you and in clearing your name, and be willing to subpoena documents and talk to witnesses and spend the money to make sure that you still have a relationship with your children and that you don't allow this person to make public records of completely fabricated allegations of abuse. You may have to, they may be able to get you fired. They may be able to get an order of protection. They may be able to really pin you down as someone who's an abuser. And if that's the case, contact us. We can help. And if you're in another state, make sure to talk to your attorney about all the things we're talking about, aggressive ways that you can clear your name.

Don't roll over and don't agree. These are not cases where you can settle. These are not cases unless they're willing to print, you know, to write a retraction, unless they're willing to, um, to admit to the fabrications. You have to take this all the way, and you have to prove that they're wrong.

So, good luck. I hope that you're not in that situation. I hope that this never, ever happens to you. But if it does, know that there are things you can do, and it's not easy, but it can be done. And I can, I can tell you that some of my, some of my most favorite work, some of my best cases and best clients have been clearing them from such awful allegations that were completely untrue. So, get an attorney that wants to fight for you and that's willing to fight for you. That's all for today. Don't forget to subscribe so you don't miss any more tips. Bye.