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Effective Evidence Against False Abuse Claims in a Divorce

Effective Evidence Against False Abuse Claims in a Divorce

Unfortunately, false claims of abuse are prevalent in a divorce. Bitter, spurned lovers can make these claims for a number of reasons. Perhaps they want more property or support after the divorce, or maybe they just want to ruin the other spouse’s reputation. Whatever the reason for lies, the accused must find ways to counteract them.

This article offers a guide on marshaling evidence to refute these claims, helping the falsely accused prepare a strong defense.

Legal Implications of False Allegations

Abuse allegations could lead to criminal charges in physical abuse cases. Other forms of abuse, including emotional, verbal, and financial, can significantly affect the outcome of a divorce.

In divorce court, abuse accusations can affect:

  • Spousal Support
    A court can award a higher-than-normal percentage of spousal support to an alleged victim.
  • Property Division
    New York, like many other states, uses an equitable division system when dividing assets. This system attempts to give each partner their fair share. This “equity” is not the same as “equality,” so spouses should not expect 50% of the overall assets. When the court suspects abuse in a marriage, it may decide the alleged victim should receive more of the marital property.
  • Custody Decisions
    In custody battles, the alleged abuser could lose access to their children.

The justice system takes abuse accusations seriously. When claims are proven to be fabricated, the accuser may face consequences for perjury, which is a criminal offense. Moreover, false allegations can taint the accuser's credibility in court, impacting other aspects of the divorce proceedings.

Gathering Evidence for Your Defense

Evidence to Collect

When faced with false abuse claims, gathering a robust body of evidence is crucial. Doing so helps refute the allegations.

Evidence of your innocence can take many forms, including:

  • Emails
  • Videos
  • Photographs
  • Text messages
  • Medical reports
  • Social media posts
  • Witness statements
  • Relevant financial records
  • A record of the accuser's behavior and statements
  • Documentation of any threats or admissions made by the accuser

Digital Forensics

Digital forensics has become increasingly important in legal disputes. It can help disprove false abuse claims. Experts in this field specialize in extracting and analyzing data from electronic devices such as computers, smartphones, and tablets.

This extraction process can include recovering deleted texts, emails, and social media activity. Such evidence could indicate the accuser's true intentions or reveal attempts to fabricate evidence.

Navigating Legal Processes

Responding to False Allegations

The first step is to remain calm and avoid any actions that could be misconstrued. The last thing you want is to escalate the situation.

Next, immediately seek legal counsel. Discuss the allegations with your lawyer. They can help you begin crafting a defense right away. Your attorney may start by filing motions to dismiss the false claims. Such motions can request detailed evidence from the accuser and, if necessary, seek sanctions against them for making unfounded allegations.

While fighting allegations, comply with any temporary orders. Even if restraining orders are unfounded, violating them can result in serious consequences. You can work with your attorney to challenge the orders while working on your overall defense.

An experienced attorney can handle the procedural aspects of responding to allegations. They can assist with adhering to court deadlines and properly filing legal documents. Lawyers also prepare you for depositions, hearings, and, if necessary, trial.

A proactive legal approach can help mitigate the damage of false abuse claims, and it can work toward a resolution that protects your interests and reputation.

If you are facing abuse accusations in your divorce, Friedman & Friedman PLLC, Attorneys at Law can help. Our team of attorneys has years of experience representing people on both sides of an abuse case. You can schedule a consultation with us by calling Friedman & Friedman PLLC, Attorneys at Law or contacting us online.