Raising a Defense Against False Allegations

In Child Custody, Separation & Divorce by Carly Baker

Divorce and child custody disputes are among the most passion-inducing legal issues that civil attorneys face. Sometimes, in the heat of the situation and with a desire to win at all costs, we see people make bad decisions. One of those decisions is to make false allegations against the other party. Whether these allegations involve domestic violence, infidelity, fraud, or child abuse, it can all be incredibly damaging.

While North Carolina is an absolute divorce state—which is a no-fault method of divorce—there are several areas in which misconduct can still play a role in the court’s decision-making process:

  • Protective order—a spouse can get a domestic violence protective order against the other spouse, which can restrain the allegedly violent spouse from the home and the children.
  • Divorce from Bed and Board—a spouse can obtain a legal separation (This is not an actual divorce.) if a spouse is found to have engaged in one of the statutory acts of misconduct against the other spouse.
  • Equitable distribution—in issues of property division, a spouse can allege fraud, conversion, or waste of marital property, which can have a profound effect on the accused spouse.
  • Alimony—marital misconduct like infidelity plays heavily into an award of alimony or spousal support. It can even prevent a cheating spouse from receiving any alimony at all..
  • Child custody—allegations of child abuse, neglect, or abandonment can lead to a severe restriction or denial of visitation or access to the children.

Fighting False Allegations

With the damaging potential of false allegations, one must be prepared. If your former partner has made false allegations about you regarding your divorce or child custody dispute, your first step is to consult with a family law attorney to defend you. Before your initial consultation with your attorney, you should create a list of any allegations that your former partner has made or may make against you regarding violence, fraud, infidelity, or child abuse. Then, be prepared to explain your side of the situation and to gather any records, voice messages, emails, texts, or social media activity that supports your side. In addition, it will be helpful to create a list of potential witnesses and contact information for people who can corroborate your side of the story.

The court has the ability to decide between conflicting evidence. If you and your attorney can present your side of the story in a compelling manner, the court can choose to disbelieve the false allegations against you—which would simultaneously reflect poorly on your accuser’s credibility and character.

Contact New Direction Family Law

Family law proceedings have a high potential for emotional and impulsive decision making. You need an attorney with integrity, who can help you stay above these distractions while remaining focused on the steps you need to take to move forward. If you are seeking to end your marriage in North Carolina, contact New Direction Family Law. Our attorneys have extensive experience helping men and women resolve the issues that come with divorce. We bring decades of legal knowledge and experience to effectively serve our clients throughout Wake, Johnston, Durham, and surrounding counties. Contact us at (919) 719-3470 to schedule a consultation or visit us online through our website.

Carly G. Baker
New Direction Family Law

New Direction Family Law
(919) 719-3470