Bringing false charges of abuse in a divorce

Periodically, when involved in a custody dispute while going through a divorce, one of the parties raises issues of abuse, whether it be domestic violence against their spouse or, in some cases, child abuse. These allegations are brought contemporaneously with the divorce or separation filing, usually to get an upper hand on custody of the children.

It is of great concern and should be to you. Think carefully before bringing up such accusations, as bringing up false and unsubstantiated allegations of abuse could result in a person possibly losing placement of their children. Where there is concern that there has been abuse in the relationship, discuss the concerns you have with an experienced divorce lawyer.

First off, courts are sensitive to allegations of domestic violence. There are far too many tragic cases of people who have been seriously assaulted, battered, or even killed by their spouse or ex-spouse, to think anything else of a person’s allegations of domestic violence. Secondly, if the court is aware that a divorce or separation case was recently filed, or is pending, and now there are allegations of abuse, the court is going to treat those allegations with some trepidation, because just as attorneys have seen trumped-up and sometimes false charges of abuse, so have the courts.

In addition to the risk of losing custody of children over trumped-up or false charges, one also runs the risk of false swearing or perjury, possibly being charged with the crime, if those statements have been made under oath in court or in legal court documents.

If there is a guardian ad litem appointed for the minor children, they are duty-bound to investigate all allegations of domestic abuse, as it can affect both custody and placement orders.

If you have questions about divorce, contact the experienced family lawyers at Karp & Iancu S.C. today for a 100% confidential consultation.