What to Do if You are Falsely Accused During Divorce
Believing victims of assault and abuse is very important. However, false accusations of child abuse or domestic violence are much more common than many people think. According to a 2023 national survey, approximately ten percent of people reported that they had been falsely accused of intimate partner violence.
After being falsely accused during divorce, it is natural to feel upset and as though the situation is hopeless. Fortunately, this is not true. Below, one of our Tampa divorce attorneys explains the steps to take after being falsely accused.
Remain Calm and Do Not Retaliate
If your spouse has falsely accused you during the divorce process, you may be tempted to vent your anger and retaliate with your own accusations. Even if your allegations are true, this can negatively impact your divorce case. While it may be very difficult, it is critical that you remain respectful, calm, and cooperative. This can show the court that you are focused on your case and the best interests of your children, and not on revenge.
Keep any emails, text messages, or in-person interactions brief and polite. If you feel as though you are in danger or are overwhelmed, your lawyer can use legal channels to manage communication.
Collect Evidence
Your word alone may not be enough to fight false accusations. However, strong evidence can help prove your case. Evidence that can disprove false accusations includes:
- Emails, text messages, and social media posts
- A detailed timeline showing the alleged actions or sequence of events is impossible or unlikely
- Witness statements from family members, friends, and neighbors
- GPS data or phone call logs
- Video footage from home security systems
- School attendance logs for children
- Behavior that challenges the alleged abuse
Follow All Court Orders
If temporary orders, such as a no-contact order, have been issued against you, it is critical that you follow the terms very closely. If you violate a court order, even if it is based on false accusations, it will have a very negative impact on your case. Instead, work with a Tampa divorce attorney who can help you challenge the order.
If a temporary injunction, more commonly known as restraining orders, is issued against you, a hearing will be scheduled. This often happens as quickly as 15 days after the temporary order is issued. It is important to attend the hearing so you can challenge the claim and present evidence to support your case. If you do not attend the hearing, you may lose the opportunity to tell your side of the story.
Our Divorce Attorneys in Tampa Can Help Prove Your Case
False accusations can be very damaging to your case. At All Family Law Group, P.A., our Tampa divorce attorneys can help you collect the evidence you need to disprove the allegations, advise on the next steps to take, and challenge any temporary orders issued against you. Call us now at 813-672-1900 or fill out our online form to schedule a free consultation with one of our experienced attorneys and to learn more about how we can help with your case. Se Habla Espanol.
Source:
endtodv.org/2023/02/27/survey-one-in-10-falsely-accused-of-abuse-women-usually-the-accusers-men-most-often-the-targets/
