Defending Against False Accusations of Domestic Violence in Family Court

In divorce, legal separation and custody cases, false allegations of domestic violence are often used as weapons to gain an advantage or as a means of getting revenge on the accused spouse. Those who have been accused of domestic abuse may lose their rights to see their children, and face serious charges that can impact their lives forever.

If you have been falsely accused of domestic violence, contact an experienced family law attorney to help you defend yourself and your case. An experienced domestic violence lawyer will be able to assist you with building a case that will meet the burden of proof needed by a court judge to protect your interests and those of your children.

The first step to defending against false allegations of domestic violence is to find out what the accuser actually claims to have seen or heard during the supposed timeframe. For instance, if they allege that you have a history of child abuse, ask for written statements from teachers and other authority figures in your children’s schools that you do not have such a record.

You can also ask for a written statement from a social worker or other professional who works with your children to confirm that they are not being neglected or mistreated. The Court will want to see this evidence in order to make a determination on child custody or spousal support.

Moreover, you can ask the accuser to provide any witnesses that she has, such as police officers and other authorities who may have been involved in a previous domestic abuse investigation. These witnesses can be challenged and cross-examined by you and your attorney.

Once you have all this evidence, you can then begin to present a solid and strong case in your defense against the false allegations of domestic violence that have been made by your ex-partner. Your attorney can then use this evidence to show the court that there is a preponderance of evidence that the accusations are false and that you deserve to be free of these allegations.

Your attorney can also ask the accuser to produce any restraining orders that she has already obtained against you and to keep records of all the times she has been cited on your property. These can be useful in a defense against a restraining order, because they will demonstrate that the accuser is not really a threat to you or your family.

Lastly, your attorney can request that CAFCASS carry out an investigation into the accusations of domestic violence and provide a ‘Wishes and Feelings’ report to the court. The court will then make a determination on child custody or if the accusation of domestic violence should lead to supervised contact in a children’s centre.

Having a good defense against false allegations of domestic violence will give you the best chance of winning in your family law case. You can do this by working with a skilled and aggressive divorce attorney in Miami who will help you build a strong case with witnesses, documents, and other methods that will meet the burden of proof required for the court to protect your interests.