False Accusations and Texas Divorce
Divorce is arguably one of the most difficult transitions you will ever be a party to, but going through a divorce during a pandemic is that much more traumatizing. That said, it probably comes as no surprise that, sometimes, false accusations are made. While these accusations may not be based in reality, they can still be harmful. If you face false allegations during your divorce, do not ignore them or take it upon yourself to disprove them. Instead, consult with a dedicated divorce attorney who has considerable experience navigating these delicate situations.
If Your Divorcing Spouse Obtains a Restraining Order
If you face false accusations, it is very likely that your spouse is also pursuing a temporary restraining order (TRO) – or has already obtained one. If so, it is in your best interest to follow the order by staying away from your spouse and home (or following whatever orders are contained therein). While you may be tempted to speak with your spouse and attempt to defuse the matter, this is one instance in which that is not a good idea, and that could very well backfire on you in court. Once things reach the point that a restraining order is issued, it is in your best interest to lay low and adhere to said order.
Defend Yourself (without Escalating the Situation)
Suppose your divorcing spouse has falsely accused you of something. In that case, you must prepare your defense. Still, you do not want to do anything that could escalate the situation. If your soon-to-be-ex is willing to go this far, it is not difficult to guess how much worse things could become. The steps involved in defending yourself include:
The best way to defend yourself is by working closely with a divorce attorney who has the skill and experience to ensure that your most robust defense against false accusations is in place.
Gather all evidence that supports your rebuttal of your spouse's false claims. This evidence may include character witnesses, a copy of your clean legal record, legally recorded calls, etc.
Take careful notes verifying that you are doing what you are supposed to be doing when you are supposed to be doing it. For example, keep track of when you have your children, when you pick them up, drop them off, what you do when they are with you, or anything else that refutes the false claim brought against you.
Facing false accusations is not easy, but with experienced legal counsel in your corner, you will make it to the other side of this with your head held high.