What can a father do to dispute false claims of domestic violence or child abuse?

By Rosalyn Charles
October 28, 2016

Well, it is just an allegation. You have to prove domestic violence. Sometimes individuals do indeed utilize on domestic violence as a tactic, but the question is, is it real? We speak in terms of the allegation. However, ultimately that allegation has to be litigated in the courts, and judges are not as apt to put in what you call a Final Restraining Order without proofs.

Someone has to be quite crafty to utilize that and to be successful in the utilization if you're suspecting that your spouse is going to file some kind of false claim. Oftentimes that happens when mother and father are still in the same house during the course of the litigation. Although everyone doesn't have the financial means to move away, sometimes it is advisable to take up residence someplace else.

Sometimes it is advisable to go around with a cell phone all the time recording things as they begin to unfold. I’d say protect yourself, but ultimately if an allegation is filed, that's all that is – it is an allegation. But he or she can prove that allegation, so contact an attorney and stand up for your rights.

Rosalyn Charles is a family lawyer practicing in Newark, New Jersey.

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October 28, 2016
Categories:  FAQs

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