Riverside Domestic Violence Blogs from May, 2013


For many, falsely accusing their former spouse of child abuse is a beneficial tactic to win child custody cases in the family law court system. The courts and the government are cracking down on domestic violence and child abuse offenders and they have implemented harsh and unforgiving penalties. The courts look to hunt down violent predators and many times they have you deemed guilty after hearing testimonial evidence alone. If you are going through the divorce process, then many times the child abuse claims are thrown out as way to get custody of the children. If this happens and your other spouse is granted full custody, that means that your kids will be taken away and you will be required to pay child support.

In many states, a simple child abuse allegation is enough to have someone arrested. You can also expect a restraining order to be filed against you, forcing you to leave your home and your children behind. If you have been arrested and accused of child abuse, then it is important that you understand the gravity of your situation. Allegations of any violent crime could cause you to lose your custody/visitation rights, impede on future employment opportunities and could tatter your reputation- your name could also be added to the Central Registry of potential child abusers. There are however, several helpful steps that you can take in order to defend yourself in light of child abuse accusations.

Some helpful advice for the accused would be:

  • Any interviews with the child should be videotaped or recorded
  • Be sure to take all allegations seriously
  • Hire a hard-hitting attorney with experience in this area to protect your rights in court
  • Have the child examined by a pediatrician (if sexual or physical abuse was insinuated)
  • Don't be mistaken in thinking that you are safe from penalty even though you are innocent
  • Don't talk to the press about your case
  • Don't take any lie detector or polygraph tests
  • Don't make any plea bargains with the court and definitely don't plead guilty

Ultimately the court will adamantly protect the child's best interests, so you must be able to demonstrate that you are not the violent and angry person that your former spouse has accused you to be. The law claims that you are innocent until proven guilty but do not be fooled- the second that the allegations are made you will most likely be treated as the guilty party. People who make false accusations are only belittling and insulting the true abuse victims out there. Making these false allegations is against the law and if you are able to prove that your former spouse or partner is indeed lying, then they could face legal implications.

Contact a Riverside domestic violence attorney from our firm today if you have been accused of child abuse.