Strategies to Defend Yourself Against False Domestic Violence Claims in Divorce
There are strategies you can employ to defend yourself against false domestic violence accusations. If someone has falsely accused you of domestic violence, it is important to speak with legal counsel to discuss your options and prepare a strong defense as the false claims can have substantial and lingering effects if not addressed promptly.
Immediate Effects of False Domestic Violence Claims
When false domestic violence claims are filed, a restraining order may be issued, along with a temporary restraining order before the court hearing. These orders can remove persons from their home, prohibit the accused from contacting their children, and restrict your movement and communication in other ways. The restraining order is also recorded publicly and shows up on a background check which can potentially impact employment and travel.
While a temporary restraining order can be put in place before the accused can properly respond in court, the initial hearing must be scheduled within 21 days. This short timeframe is meant to protect anyone who needs to be protected, while also giving the accused the chance to defend themselves, which is particularly important if domestic violence claims are false.
Defending Against False Allegations
Your defense strategy needs to be more than just a “he-said-she-said.” You need to focus on building an evidence-based response.
- Documentation
Communication can be vital evidence. Texts, voicemail, social media messages – all of these recorded communications can be submitted as evidence to show things like harassment by the accuser, the accuser making contradictory or manipulative statements, etc.
Witness testimony can also be highly persuasive, as they are third parties who have their own perspective of the situation they witnessed. You might also choose to testify on your own behalf. An esteemed family law attorney can help you understand your options and help choose a strategy that works best in your own case.
What If the Court Rules that the Claims Are False?
If the court determines that knowingly false accusations of abuse were made, several consequences might occur, including:
- Custody consequences: Courts highly disfavor manipulation and being lied to. A parent who uses false allegations has shown that they are willing to damage their child’s relationship with the other parent. This attempt to alienate could backfire, leading the court to mistrust the accuser and affecting the accuser’s rights to custody.
- Attorney’s fees and sanctions: California law allows for the prevailing party in domestic violence proceedings to collect attorney’s fees from the other side. If the domestic violence claims were clearly made up or frivolous, the court might also levy sanctions against the accuser.
- Impact on credibility: As mentioned above, false claims undermine the accuser’s credibility. Falsely accusing another parent of domestic violence can lead to the court mistrusting everything else that parent says moving forward.
Rebuilding Custody and Reputation – Contact Cardwell Steigerwald Young LLP
If you have been falsely accused of domestic violence and have temporarily lost custody, all is not lost. There are steps you can take, including petitioning the court to reinstate visitation. You do not have to face these hurdles alone. False allegations can be fought, disproven, and struck down with strategy and experienced legal advice.
If you are facing false allegations of domestic violence during divorce or custody litigation, the esteemed San Francisco divorce attorneys at Cardwell Steigerwald Young LLP know how to respond with strength and precision. Contact our team today to begin discussing next steps in your own case.
