False Accusations In Family Law

Family law matters can be complex and when tensions rise poor decisions can be made, including false accusations being made by one or both parties.

When a party is the subject of false accusations it can be detrimental to their case, but if the accuser is found to be lying the ramifications of their actions can ultimately be self-damaging.

Here’s what you need to know about false accusations in family law, what they are, why they should be avoided and what to do if you are falsely accused during family law proceedings.

What are false accusations?

False accusations, particularly in a family law context, are allegations made about a party, their character and/or their conduct, often in relation to:

• domestic violence or child abuse;
• physical or sexual assault;
• harassment or stalking;
• the existence or validity of financial statements or other legal documents pertaining to the matter

How should I defend myself against a false accusation made during a family law matter?

The accused has the right to respond to an allegation made about them, particularly if there is no evidence to substantiate the allegation.

It is advisable to respond to a false allegation as soon as possible. Responses should be made in the form of an affidavit which has been finalised by a lawyer (if possible).

In some circumstances, it may be necessary to seek legal advice, including if the false allegation has led to police involvement or if the allegation is going to affect the outcome of the matter, for example if a parent has been accused of child abuse in a parenting matter.

How can a family lawyer help a falsely accused person?

Anyone who has a false allegation made against them during a family law matter should seek advice from a family lawyer if they have not already engaged one. A family lawyer will have a deep understanding of the legal process and how to handle false allegations made against their client. They will also have oversight of how the allegation could affect the accused in the context of the case and help them fight the claim by:

• collating evidence;
• obtaining accounts from appropriate witnesses;
• managing dealings with the police or other authorities involved (should the matter give rise to a criminal investigation); and
• representing their client in court (if required).

If you are the victim of a false allegation made during a family law matter, our experienced family lawyers in Cairns can assist. Contact us today for a free initial consultation.