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How do I fight false allegations?
At the very least, to fight false allegations of abuse you need competent legal counsel. You'll need to do your best to prove that the allegations are unfounded, malicious, or incapable of having occurred.
Unfounded allegations are allegations where there is no supporting proof and no evidence that to show that the abuse actually occurred.
Malicious allegation are frequently made in the context of heated divorce and custody battles. They are suspicious by their very timing and may be obvious to the trained professional or the informed layman.
Allegations that are incapable of having occurred are those where you can prove you had no physical access to the child (such as being out of town or in the hospital on the dates when the abuse is alleged to have occurred), or other factors that would make it an impossibility for you to have committed the alleged abuse.
Articles related to fighting false accusations:
- DO's and DON'T's When Falsely Accused Of Sexual Abuse
- Allegations Of Child Sexual Abuse In Divorce Cases: Responding To Criminal Charges
- Personality Characteristics Of Falsely Accusing Parents In Custody Disputes
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PAS and Sex-Abuse Accusations
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Guidelines On Handling Home Visits From Social Workers
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Preparing For A Custody Trial
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Are You Prepared For Trial?
- Psychological Evaluations You Need for Trial: What They Can and Cannot Do
Why would my ex or another party make false allegations about me?
False allegations are often made to gain the 'upper hand' during a custody battle, to put the opposition at an immediate disadvantage, to tie up the other party with additional litigation, and to hurt the other party out of hate, fear, or spite.
False allegations are an effective way of bringing a case to a halt or reversing the prevailing direction of the case. The following pages have specific information on the nature of false allegations:
- The S.A.I.D. Victim
- FALSE ALLEGATIONS OF ABUSE IN DIVORCE by Dennis Austin
- Malicious Mother Syndrome
I'm a good parent. Why would anyone believe these accusations?
In many cases, the investigating organizations treat abuse accusations as substantive by default even though no supporting evidence exists. These organizations, in their zeal to "protect children," often ignore evidence that would disprove the charges, may fail to conduct a thorough and competent investigation, or may disregard the context of the charge, i.e. the fact that it is surfacing during a divorce or custody dispute.
The social services organization that investigates the allegation(s) is empowered to immediately remove the children from the home or prohibit the accused from having any contact with the children. They may do this regardless of the facts of the case.
The judicial system, in turn, relies upon the findings and the report of the investigating organization(s), and will often prosecute a charge on their word alone. In essence, these kinds of allegations are taken as true ("believed") in part because of the inappropriate and ill-considered policies of the judiciary and the social services organizations.
What can I do to prevent false abuse allegations from being made against me?
The only certain way to prevent false allegations from being made against you is to have witnesses present during any potential time you would be vulnerable to being accused. This would be:
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Any time you spend with any of your children. This includes overnights, day visits, trips to the mall, etc. If you are alone with your child or children for as little as a minute, it can be claimed that you molested them or behaved improperly.
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Any time you meet your ex or are in the same general area that your ex is. It's all too easy to claim that threats were made or that some physical altercation took place, and all too difficult to disprove a domestic violence allegation.
Needless to say, ensuring that you have round-the-clock witnesses is hard to do. If possible, enlist a trusted friend or two who understand the gravity of the situation and are willing to help you out. If you cannot get someone to accompany you, you may be able to use a camcorder to help document events.
If you suspect you're likely to be falsely accused of improper behavior with your children and cannot get someone to accompany you, take your children to some reasonably public location or go visit with friends.
The main thing is to be able to show that you weren't alone with your children for any length of time. If the threat of false allegations is very high, you may want to consider not exercising your parenting time until you can arrange for a witness to be present.
My ex has a restraining order against me, based partially on lies. What can I do if he/she has convinced the kids to confirm or corroborate these lies?
Restraining orders based in part (or entirely) on lies or false allegations are not uncommon. One of the things you'll need to is to Tips On Keeping Documentation everything that happens so you can refute whatever allegations have been made. It's also crucial that you retain an attorney to contest the restraining order.
Whatever you do, don't fail to appear for the 'Show Cause' hearing (or whatever it's called in your jurisdiction). Failing to appear will practically guarantee that the order against you is granted (or continued) and the provisions specified in it will almost certainly not be to your liking or advantage.
Your goal will be to provide whatever proof you can to show that the basis for the restraining order was false, misleading, or has no merit.
If you can, speak with the children (preferably in front of a witness or your attorney) and see what they are being told to say. The restraining order may, unfortunately, prevent you from any contact with your children.
If this is the case, your attorney should attempt to speak to the children (this may or may not be allowed, depending on the restraining order) and/or with any social services or child protective agencies that may be involved. Your attorney may also want to have the allegations in the restraining order investigated, if they aren't already being investigated.
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