What do you do when someone makes false allegations of child abuse against you in a child custody or domestic violence restraining order matter?
Making false allegations of child abuse in a family law matter can have significant consequences to the parent making the false allegations and to the parent against whom the false allegations are made.
If you are the parent against whom the false allegations of child abuse are made you have the risk that the allegations will be known to the public because they are filed in a public court file. This could be problematic if an employer or anyone else runs a background check on you and sees the allegations. Additionally, if a restraining order is issued, it goes into a statewide system that tells law enforcement that you are a restrained party. The false allegations can also severely impact your relationship with your children if your parenting time is cutoff or reduced based on the allegations. To combat false allegations and the detriment that they can have to you, you want superior representation by a lawyer who knows how to obtain records from agenc(ies) who investigate claims of child abuse (i.e. police, Child Protective Services/Children and Family Services and special investigative units that conduct child interviews.) Obtaining these records can help you determine where the allegations came from and whether the allegations appear to be influenced by the other parent. Once the records are obtained, you can work with your attorney on how best to present the evidence to the court.
If you are the parent who makes false allegations of abuse, be aware that doing so can be grounds for a change in custody to the other parent, criminal prosecution against you and a juvenile proceeding being initiated. Prior to pursuing any claims for child abuse, you should seek the advice of competent counsel.