Saturday, January 15, 2011

How to Beat False Allegations of Abuse from Your Ex-Wife During a Custody Battle

Every year, there are thousands of unsubstantiated reports of domestic and child abuse by divorcing and separating parents. The numbers are staggering, and it leaves every parent vulnerable to being falsely accused of abuse in the courts during a child custody battle. Child Protection Services (CPS) handles a number of abuse cases, but many are left without proof or validity of the initial report of alleged abuse.

  • Ask for proof of the reported abuse claim, whether it was reported to the police or to CPS. If your ex does not have any proof (such as police report filings, previous contact with CPS, photos or other documentation), he or she may have filed a false allegation of abuse against you.
  • Obtain a written transcript of any emergency hearings that cover the allegations--there may have been something said during a court hearing that was not documented in the court paperwork that was filed. If certain statements made by your ex (and his or her lawyer, if they have one) contradict each other, you may be able to show the judge that the accusations are false based on a story that does not stay consistent.
  • File a claim against your ex for defamation of character, emotional distress, and similar tort lawsuits. False accusations can truly ruin one's name, both in their personal and business life. Make sure your ex understands the trauma and consequences of his or her actions. Filing a lawsuit in response to one's false allegations helps solidify the fact that the allegations are not only unsubstantiated, but that they are causing harm in other aspects of your life!
  • Be very careful not to "overly-argue" the false allegations. If you seem overly concerned at defending the claims, it may make you look more guilty of the claims than you are. If they are truly unsubstantiated claims, just deny the allegations if there is no proof, and continue the trial as it was. Acknowledge the claim, but deny and move on.
  • Stay away from your ex if he or she has filed a restraining order against you. The ex may try to get you to come over to "pick something up" at his or her place, but resist the temptation--your ex may be trying to set you up for violating a restraining order.

1 comment:

  1. I just came across your blog and was particularly drawn to this article, I just created a fathering website and our first movement is in regards to false reporting of child abuse. I am personally a double digit victim over the last 4 years, each time dcf and law enforcement have deemed it to be intentionally false and yet it continues to happen. I would like your permission to post this article with a link to your blog on my blog as I have yet to talk about the defense of these false allegations and think you have nailed it.
    I have a petition started on my blog
    I would love to hear from everyone in regards to this.
    Thank you!