| I received a question from a person who wanted to | | | | allegation of physical abuse of a child. If one parent |
| know how I felt about family court, where a person | | | | accuses the other of physical abuse of a child, CPS is |
| could lie under oath and believed. But what would | | | | brought in to investigate. CPS investigates many of |
| happen if those false allegations were proven to be | | | | these claims and knows one when they see one. So |
| false? Here is my answer. | | | | if a parent is falsely accused and gets a visit from |
| The question is an interesting quandary. Family court | | | | CPS, they will likely be cleared of any wrong doing. |
| is governed by civil rules not criminal rules. Since I | | | | The falsely accused parent should mention they are |
| don't know your case or what allegations you are | | | | involved in a high conflict custody battle to help with |
| referring to, let's use the sample of a restraining | | | | the assessment. |
| order. It is very common for a parent to ask for a | | | | Once the falsely accused parent is cleared, they are |
| restraining order against the other parent. Women | | | | now in the drivers seat for custody. California law |
| have a particular social advantage here because of | | | | specifically states that if a parent falsely accuses the |
| the more common abuse being a man abusing a | | | | other parent of physical abuse, their parental rights |
| woman. | | | | can be terminated. |
| A woman can get a restraining order if she can | | | | You see, if there is one thing the court will not |
| convince the court that she feels threatened and | | | | tolerate, it is the use of the court to falsely inflict |
| that he has the means to carry out the threat. In | | | | punishment. They consider it abuse of the court |
| the past the court seldom issued restraining orders | | | | system. So while you are correct in assuming the |
| and when a woman was injured or killed by the | | | | burden of proof can shift, the risk to the accusing |
| person she asked for protection against, the | | | | party is enormous. |
| government was held liable. | | | | False accusations are common and being cleared of |
| Today the courts issue restraining orders much more | | | | them is common. Use your head an show all of the |
| easily because they want to error on the side of | | | | communications about minor issues. If this accusation |
| safety. This type of thought is prevalent throughout | | | | were true, why would they wait until now to accuse |
| the family law court system. | | | | you? |
| The reverse however also holds true. Take the | | | | |