What Should You Do If Your Spouse Falsely Accuses You Of Abuse During A Divorce?

False accusations can greatly affect a divorce. Being aware of what to do, if a spouse makes false accusations, ensures that these false accusations do not harm one’s divorce or, in turn, their post-divorce life.

 Your Spouse Must Prove That Their Allegations Are Truthful 

A spouse who accuses another spouse of abuse has the burden of proof. And, what this means is that they must prove that their allegations are truthful and not, in fact, pure fabrications.

Given the fact outlined above, if a spouse accuses another spouse of abuse, then they must prove that this abuse has occurred. But, since the accusation is rooted in lies, then it cannot be proven and, as such, the court will be unable to act on these allegations.

Someone who has been arrested, due to false allegations, will be released. A spouse cannot be charged if there is no evidence and, furthermore, they cannot be held in custody if there are no charges.

 You Must Defend Yourself Against The Allegations 

Even though an accusatory spouse may be unable to prove the truth behind their allegations – due, of course, to the fact that they are false – this does not mean that an accused spouse doesn’t need to defend themselves.

Rather, a spouse who has been accused can, and should, speak with a divorce lawyer. A divorce lawyer will assist a spouse in defending themselves and, in turn, obtaining a favorable divorce outcome that aligns with their desires.

A failure to defend one’s self from false allegations can lead to these allegations appearing truthful. These allegations can lead to a less-than-positive divorce outcome for the individual who has been accused. And, in turn, if the allegations are especially serious, criminal charges may be the result.

 You Should Not Violate A Temporary Restraining Order 

A temporary restraining order is a temporary order that prevents an individual from committing certain actions until a stronger, more thorough, order can be issued.

Within the context of a divorce, a temporary restraining order is often issued if one spouse alleges that the other spouse has been abusive.

Even though a temporary restraining order is, of course, temporary, and even if the allegations against a particular spouse may be false, a temporary restraining order should not, under any circumstances, be violated.

A failure to abide by the terms of a temporary restraining order can lead to significant penalties. None of these penalties will be easy to deal with and they will make obtaining a favorable divorce outcome even more difficult.

Outside of that, other actions that a spouse may be tempted to take – withholding child support or refusing to allow one’s child to see the other parent – must also be avoided. These actions can lead to significant penalties, as well, which will lead to a less-than-favorable divorce outcome.

 Speak With A Tampa Divorce Lawyer 

A false accusation can greatly affect your divorce. Speak with a Tampa divorce lawyer at Westchase Law, P.A. and we will assist you in dealing with the false accusations that have been levied against you.

Sources: 

law.cornell.edu/wex/burden_of_proof

law.cornell.edu/wex/temporary_restraining_order_(tro)