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False Accusations of Violence

Divorces can get messy and emotional. The parties involved use false allegations to try to make their case stronger. It is important to get legal representation to fight these false allegations. If you do not address the false allegations you may receive an unequal marital assets property division, unequal custody and unequal visitation.

Arizona False Accusation of Domestic Violence Lawyer

If you are the victim of false allegations in a domestic violence situation with children, it is best to get legal advice to protect your rights. A capable Arizona family lawyer can help you receive child custody, child support and visitation in spite of false allegations of violence. If you are going through a divorce or child custody proceeding in the Phoenix, Scottsdale, Maricopa County area, don’t hesitate to call The Daly Firm at (480) 607-8308 for a free consultation regarding your questions and concerns.


Examples of false allegations made in divorce cases

Most false allegations undermine the opposing party’s morals or parental fitness. Common allegations focus on:

  • Sexual abuse- typically a female makes the allegation of sexual abuse.
  • Illegal actions- either males or females make this allegation. Failure to pay taxes or stealing from the marital estate is examples of an illegal action brought up in divorce cases.
  • Promiscuous lifestyle- males make this allegation against females. Usually to show that the woman does not have a good moral character. It can also be used against males to show they would not make a good role model for children.
  • Drug use- both males and females use this allegation against each other to undermine capacity to make decisions, undermine moral character, or make allegations of illegal behavior or activities.
  • Child Abuse- both males and females make this allegation in order to obtain custody arrangements in their favor.

How to fight false allegations in divorce cases

First step is to get a competent lawyer. Even though the false allegations in a divorce case may not have criminal consequences, it can still hurt your child custody or visitation arrangements. Also if the false allegations are about criminal activities, criminal charges may be filed at a later date.

You need to start documenting things to make sure you have evidence to bring to the court.

Depending on the allegation, make sure you lawyer is present when government agencies or authorities interview you.

Do not communicate directly with the person making the false allegations. Have your lawyer handle all communications to minimize opportunities to add to the allegations.


What are the penalties for false allegations?

Divorces are civil matters. If you family court judge discovers an allegation is false it is possible for the party to be held in contempt or perjury charges to be brought against the party. Most likely the judge will punish the party by not granting motions. The judge can reduce visitation and change custody arrangements to punish the person making the false allegations.

If the person actually made false police reports or false child abuse allegations, those agencies can bring false reporting charges against the person. False Reporting is a Class 1 Misdemeanor punishable by punishable by a maximum of 6 months in jail and up $2,500 in fines.


Daly Law Firm, PLLC - Phoenix False Allegations of Domestic Violence Attorney

If you are going through a family law dispute that involves false allegations, it is important to get legal advice right away. A licensed Arizona family lawyer can defend you against the false accusations because false allegations can have negative consequences in your divorce or child custody case. If you are going through a divorce or child custody proceeding in the Phoenix, Scottsdale, Maricopa County area, don’t hesitate to call The Daly Firm at (480) 607-8308 for a free consultation regarding your questions and concerns.

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