Tips for Fighting False Allegations in Family Court

Divorces and child custody disputes can be highly emotional periods in your life. In some cases, those court disputes can bring out damaging accusations from one or both spouses. One party may make false allegations that the other party is addicted to drugs or physically or emotionally abusive. When your child custody rights are on the line, it is important to understand tips for fighting false allegations in family court.

How Allegations Can Impact Your Divorce

Around 460,000 women in California experienced physical abuse within the past year. Allegations of domestic abuse are taken very seriously in California. The courts may even issue a restraining order on one partner even if they are not facing criminal charges.

Past instances or current allegations of abuse will likely not affect the division of your marital estate. Past incidents of physical or emotional abuse will also be unlikely to affect any talks about spousal support or child support.

Where allegations of physical or emotional abuse may play out is with the setting of custody rights. Before a divorce that involves children is finalized, the judge presiding over that case will want to see that the children will live in safe environments where they have financial and emotional support.

The judge may consider many factors when determining or approving legal and physical custody. If one parent has a criminal record or current pending charges, the judge may consider that as grounds for limiting contact that the parent has with their children. This is why anyone who is accused of committing abuse should take the matter seriously.

Common Allegations Made in Court

Abuse can take many forms. Many people think of physical abuse. There are many other types of abuse that can also lead a court to issue a restraining order. Emotional abuse is now widely accepted as a serious form of abuse. When someone degrades, insults, and isolates their spouse or partner, that can inflict serious mental harm on the victim.

One common form of emotional abuse is financial abuse. The most common example of financial abuse is one partner significantly limiting the financial freedom of their significant other.

The controlling partner may demand receipts from their spouse or partner. Money becomes a means of control. Perpetrators of this form of abuse are often aware that controlling the finances minimizes the risk that their partner will have the financial independence to leave the abusive relationship.

Psychological abuse involves manipulating or controlling someone through fear, intimidation, or threats to undermine their mental well-being. This can often include tactics such as gaslighting, where the abuser makes the victim doubt their own perceptions or sanity.

Digital or cyber abuse, another concerning form, utilizes technology to harass or control someone, including monitoring their communications, spreading harmful content, or using digital platforms to stalk them.

Similarly, neglect, though sometimes less visible, involves failing to provide essential care or support, whether physical, medical, or emotional. This form of abuse can severely impact an individual’s well-being and is often a critical issue in cases of long-term abuse.

How To Combat False Allegations

Physical and emotional abuse is a serious problem in this country, and it is unfortunate that some people try to leverage false allegations to gain an advantage in family court. One of the most effective tools you have to combat false allegations in court is your attorney.

No matter what type of accusations you are facing, your lawyer can demand to see the evidence that supports the allegations. Often, the alleged victim may be relying on their own testimony or accounts from close friends and relatives.

Your lawyer can help to get your side of the story across and work to change the narrative surrounding the accusations by questioning the validity of the evidence used against you and looking for inconsistencies in the statements made against you.

FAQs

Q: What Is the Most Common Accusation Made in Family Court?

A: Physical abuse is one of the most common accusations made in family court. Physical abuse is a real and serious problem in California. Spouses and parents may be motivated to play up past mistakes the other partner made or fabricate important details to falsely portray their former partner as being dangerous. Having an attorney can reverse the damage that is done to your reputation.

Q: Can an Allegation Affect My Parental Rights?

A: Allegations made in court can have a significant effect on your parental rights. Judges are cautious regarding children’s safety, and they may take precautions when considering whether to limit one parent’s visitation rights to their children temporarily. Anyone who is accused of abuse should work with their attorney to come up with a strategy to rebut the accusations made against them.

Q: How Could Allegations of Abuse Affect the Division of Community Property?

A: In general, allegations of abuse will not affect the division of assets. California’s court will see that your community property is divided in an equitable and fair manner. Infidelity and allegations of abuse generally do not affect this process. Other types of misconduct made during the court process, such as hiding assets from disclosure, could lead to penalties levied by the court.

Q: Will I Be Given the Chance to Testify in My Defense?

A: If you are facing abuse allegations in family court, your testimony could provide evidence supporting your innocence. Your attorney can ask questions that allow you to question the narrative surrounding your soon-to-be-ex’s accusations. The courts must take your testimony just as seriously as they do the testimony of someone making allegations against the other party.

Schedule Your Divorce Consultation Today

Your lawyer can be an important ally as you work to undo the damages of false allegations. Bickford Blado & Botros has helped many clients undo the damage caused by unfounded accusations. We can do the same for you.

Before we can help you, we need to understand more about your case. During our initial meeting, we’ll take the time to listen to your case’s details carefully.  To schedule your consultation, contact our office online today.

 

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