When an ex-partner makes false allegations, it can be easy to become distressed and overwhelmed. In particular, false allegations in family court or during a divorce can be damaging and have real-life consequences unless handled with care.
It’s important that you take the right steps in order to ensure that these allegations don’t negatively impact you or your loved ones. How you tackle a false allegation will heavily depend on the situation. For instance, in cases where an individual has been accused of abuse, or when children are involved, the court will often require more detailed information.
In this article we shall discuss:
- How you can defend yourself against false allegations in divorce
- How to prove the allegations made against you are false in family court
- If you can sue for false allegations
For more specific advice on false allegations in family law or divorce, please contact our solicitors today by calling 0330 013 0381 or contact your local Crisp & Co office.
How to defend yourself against false allegations in divorce
A divorce is already challenging but if your ex is making false allegations, it can quickly become much more difficult to navigate. In order to effectively defend yourself it’s important to remain calm, even if the allegation is devastating. Taking rash action due to anger or pain is likely to worsen your situation rather than improve it.
There are a number of ways in which you can prepare to fight a false allegation. This includes seeking professional help, collecting evidence, avoiding confrontations, and clearly documenting everything that happens.
Here are 5 steps you can take if faced with false allegations:
- The first thing you should do to defend yourself against false allegation in divorce is to get in contact with a solicitor. A divorce solicitor can offer support and give you the tools you need in order to have the best chance of protecting yourself and the people that you love.
- Following this, you and your solicitor can start to gather evidence to back up your case. This may include testimonies from witnesses and evidence of communication like text messages, emails, etc.
- Throughout this process its necessary to take every step to reduce contact with your ex-partner. To do this only communicate through written communication where possible. Should you need to see them in person, for example if children are involved, make sure that other people are present and even consider meeting in a public place.
- During this period of time, it’s easy to become angry or upset and want to release that frustration. Because of this, avoiding social media is a must. Any confrontations, even online, may end up harming your case.
- The final thing that you can do to defend yourself against false allegations in divorce is to document everything. Have a record of every communication no matter how small and seek out records of the allegations. For instance, if relevant, you could request police and medical records
How to prove false allegations in family court?
When it comes to family court, there are a number of false allegations that an ex-partner may have made against you. This includes claiming that you have a mental illness, use drugs, and are neglectful or abusive.
As horrifying as hearing these allegations may be, it’s in your best interest to remain calm. In these instances, it’s important to have a strong defence against the false claim to ensure that you and your family are protected.
There are a few things that you should always do in order to prove false allegations in family court. For instance, it’s vital to collect key documents and keep records of any conversations with your ex-partner. However, its necessary to consider your unique situation when working to prove false allegation in family court.
Proving false allegations of child abuse or neglect
Being falsely accused of endangering or harming your child is incredibly upsetting, but there are things you can do to help prove that the allegation is false.
In some instances you may be contacted by social services. If this is the case, it’s necessary that you get in touch with a solicitor as soon as possible and are keeping clear records of all communications.
Additionally, it may be beneficial to request that your child is appointed a Guardian ad Litem to ensure your child’s rights and interests are being protected. You can also ask for the court to allow you child to speak to a child psychologist.
In the event of false allegations of child neglect, you can ask the court to take statements from people like your child’s teacher, a health visitor, etc. This can provide impartial opinions on your parenting abilities.
Proving false allegation of mental illness
If your ex-partner falsely accuses you of a mental illness, it’s important that you disclose any and all mental illnesses or treatments you have had previously. Depending on the situation you may also want to volunteer for a psychological evaluation.
A solicitor can help you to find the right action plan for you in this situation.
Proving false allegations of drug use
In the event that you are accused of being addicted to drugs or alcohol in family court, you may want to take a drug/alcohol test as proof that these allegations are false. For this to be effective, be sure to get a test that can detect these substances over a long period of time.
If you do wish to take a test, be sure that you have the courts consent so that the results can be used as evidence.
Can you sue your ex for false allegations?
If your ex keeps making false allegations against you in family court or during your divorce, you may wish to sue them for false allegations. This is possible as false statements that do harm to your reputation can be considered defamation.
Slander is a form of defamation; it refers to an incident in which someone has made false statements about an individual. On the other hand, Libel is a more permanent type of defamation, for instance when a written statement that spreads false information is published online.
These crimes are not considered criminal offences, so your ex-partner would not be arrested, however they are a civil wrong, or tort, meaning that you can take legal action in order to get compensation for your losses.
Suing your ex for false allegations can have a number of outcomes. You may want them to apologise for their actions and the pain it has caused you, or you might wish for compensation for their allegations. You may also wish to receive an injunction to ensure that your ex-partner cannot make false allegations again.
To make a claim against your ex-partner for false allegations it’s imperative that you speak to a solicitor. The sooner you do this, the more evidence can be gathered to support your case and ensure that you get results that you desire.
How to sue for defamation, libel, or slander
In order to make a defamation claim you must submit a Letter of Claim that states the details of the situation and what conclusion you are trying to achieve. The letter should include information like what the false allegation was, when it was made, why this allegation is unsupported/false, and how it caused you harm.
Once this has been completed, your ex-partner will have the option of responding to this claim to either reject, request more information, or accept it.
At this stage, Alternative Dispute Resolution will likely be used to reach a conclusion minimal dispute and without going to court. Should this not be possible, it is a good time to consider whether there are any alternative options, and if not, a defamation court claim can be made.
How can Crisp & Co support you?
At Crisp & Co we have years of experience in issues surrounding family law with particular expertise in divorce and family breakdowns. Our solicitors understand how difficult it can be to have a false allegation threaten to disrupt your family and we are dedicated to offering the support that you need.
We focus on a non-confrontational approaches such as collaborative law and mediation, with a number of our team being members of Resolution, a group of family lawyers committed to removing the conflict from family law.
Due to this, we can help to minimise stress and disputes during this challenging time. We will ensure that your unique circumstances so that your needs are being met whether you are going through a divorce, separation, or other family law issue.
Get in touch with our solicitors in London & South East England
For expert support when fighting false allegations in family court or a divorce, get in touch with our solicitors today. We can offer guidance for those defending themselves against an allegation as well as in making a claim against your ex-partner for their actions.
You can contact our solicitors in London and across the South East now by calling 0330 013 0381 or contacting your local Crisp & Co office.