Divorce and Child Custody: False Statements of Domestic Violence and Abuse, and Your Rights Against These Allegations

At some point in time, you may have to deal withorders.  If you have a restraining order against your
your ex-wife pulling the "abuse" card.  Out of spiteex-wife, for example, and then she wants to come
or anger, she may at some point state that youover to your place to pick up some of the kids'
have abused her or the children, whether thethings, this simple act could put you in contempt for
statement is true or not.  Since the courts, state,not following court orders.  Do not agree to the
and Child Protection Services take abuse seriously, itvisit, do not answer your door, and whatever you
may put a halt in the court case and cause a numberdo, do not let her around you.  This way, you
of other issues during your divorce case or your childcannot be faulted for going against a temporary
custody case.  But knowing what your rights arerestraining order.
against false allegations is important.One thing to consider is whether you should fight
One of the most important things to do when facedback.  If you know the statements are false, you
with false allegations of abuse is to demand proofcould sue your ex, her attorney, and everyone else
from your ex-wife.  Whether the statements areinvolved for defamation of character.  This, in itself,
true or not, Judges take any statements of abuse ormay be enough to get your ex-wife to back off and
violence seriously and will follow their gut instinct. drop the charges.  Know that if you fight the
But if your ex-wife has proof, it might make yourallegations too hard, you may come off looking guilty,
statements against the allegations worthless.  Inbut the same is true if you don't acknowledge the
most cases, an ex-wife will use the "abuse" card toaccusations at all.  Be careful how you continue,
get the courts to be in her favor, but an allegationtread lightly, but don't let any false allegations throw
that later turns out to be false will turn the courtsyou off and make you give up on getting custody of
against her, instead.  Demand proof, if any.your children!
Second, know the boundaries set by any restraining