Many have heard the horror stories—suddenly, during a divorce or child custody case, a false domestic violence allegation destroys a person’s ability to get fair treatment. False abuse claims are a very serious matter and can cause irreparable harm to a person’s reputation, legal standing and life. If you face a false claim, there are things you should know.
You can challenge an allegation
Domestic violence allegations are incredibly serious. A history of abuse fundamentally alters your rights in many ways, including your right to own a gun and your parental rights. Though some exceptions apply if there is an immediate threat to someone’s safety, the courts require evidence in domestic violence cases.
As police investigate a domestic violence call, they undertake a series of steps to evaluate the scene, even if they immediately remove you from a premises. Comprehensive police reports, witness testimony and medical reports may vindicate you.
There are consequences for false reports
Because domestic violence claims require major resources and have such serious implications, the court does not look kindly on false domestic violence claims. Someone found guilty of making a false police report may face months in jail and thousands of dollars in fines.
If you can demonstrate that your ex or another party is making false claims, the court may also consider this as a factor in issues like child custody, property division and other legal matters. If you face a domestic violence allegation, you need to reach out to an attorney quickly to protect your rights and to combat false claims.