Emotions often run high when people divorce, and many spouses are fearful about their futures. This can result in a spouse using false allegations as a tactical scheme to get some financial advantage or deprive you of a relationship with your children.
Unfortunately, these situations are common. Knowing how to handle a false accusation of abuse in a divorce can diminish its effect on you. With the help of a skilled divorce attorney, you can even turn false accusations to your advantage in many cases.
False Allegations Can Have an Immediate Impact
A spouse making a false allegation of physical abuse, harassment, or stalking can apply to the court for a temporary order of protection (TPO). The spouse does not have to notify you before making their allegations to a judge, and the burden of proof for the initial request is relatively low. A TPO can prevent you from contacting the spouse, even through third parties, require you to maintain a certain physical distance from the spouse, and interfere with your ability to see or even contact your children.
If the court issues the TPO, the Official Code of Georgia §19-9-3 allows you a hearing within ten days, although in some jurisdictions, it may take as long as 30 days to schedule the hearing. It is critical to be represented by an experienced attorney at the hearing.
The spouse who requested the order must prove the allegations they made by a preponderance of the evidence. Your attorney can challenge the evidence, cross-examine the spouse and any witnesses they present, and expose their falsehoods. When there is insufficient evidence of abuse, the court will vacate the order, and you can use their false accusations to demonstrate the accuser’s poor character in the divorce proceedings.
The Burden of Proof Is in Your Favor
Sometimes, a spouse may not seek a protective order but will make allegations of substance abuse, physical aggression, or emotional abuse in their court papers. The purpose of these allegations is usually to interfere with child custody or an attempt to secure a financial advantage.
Whenever a spouse makes an allegation of this nature, they must prove it to the court’s satisfaction. It is not your burden to disprove it. An experienced family court judge usually recognizes when a spouse has concocted the allegation or exaggerated an incident. However, sometimes it makes sense to turn the tables on the accuser.
For example, if your spouse is accusing you of being an aggressive or unfit parent, your attorney could request a custody evaluation. A licensed mental health professional can interview you, your spouse, your children, and others with direct knowledge of you as parents. Sometimes, they administer psychological tests. The process can reveal the accusations as false and call the accuser’s fitness for custody into question.
Judges Consider Credibility and the Children’s Best Interests
When a judge must make a decision in a divorce case, they consider many factors. The children’s best interests are the primary consideration in custody decisions. The credibility of the parties is important when a dispute involves finances.
Making false allegations is an attempt to manipulate the court and stains the accuser’s credibility. A skilled divorce lawyer can use the false allegation to your advantage. When the allegations are an attempt to deny a parent access to the children, the court may see it as an action against the children’s best interests. Judges who believe a parent made a false allegation for this reason may find that awarding custody to the accused parent best serves the children.
Combat False Allegations With a Skilled Divorce Attorney
A divorce is a stressful ordeal, and facing false abuse allegations can create deep fear and anger. The best way to handle a false allegation of abuse in a divorce is to keep as calm as possible and let your lawyer deal with it.
False accusations often backfire, but you can use them to your advantage with the help of an experienced divorce attorney. If you need aggressive representation in your divorce, contact our team today.
