Defense Of False Allegations
Is your spouse making false accusations of you as part of your Houston or Austin divorce case? We are here and ready to help you.
Many times, as horrible as it may seem, a spouse will make up an untrue but terrible accusation against the other spouse. For years spouses have been making up accusations about physical abuse against the other spouse. In recent years it has become common for spouses to create false accusations about child sex abuse against the other parent or their family members.
Part of the problem is that lawyers do not always properly evaluate their client’s claim of child sex abuse. For example, the accusation may be one that was originally made many years ago, and CPS and often courts failed to find a problem.
We vigorously defend against these false accusations in defense of child sex abuse in custody cases. But still, part of Hiller Law’s strategy is to analyze yours and also your spouse’s case honestly. In other words, just because your spouse has made a false accusation does not mean you are automatically going to get custody of your children.
Many folks think that a parent who makes this kind of accusation will continue to cause problems with the accused parent’s parenting time. And so therefore the accused parent should have primary residence of the child. That way he has more control over the child’s schedule, and won’t have to fight to parent his child. But that still doesn’t mean the accused parent will get custody. There are many factors that might prevent the accused parent from getting custody, including the accusing parent’s usual unwillingness to back down from the accusation. That often leads to rising costs in the attorney’s fees, which often leads to both parties running out of money. At that point, the parties usually negotiate a resolution, which will of course be a compromise for both parties.
Another reason it’s not so easy for the accused parent is that many juries, and some judges believe ANY accusation of child sex abuse, because they are so scared and offended at the idea of child sex abuse. It is then our job to have to “prove” your innocence to the court or jury. While this is contrary to our system of presumed innocence until proven guilty, it is just the way accusations of child sex abuse cases tend to go, whether false or not.
So even though we plan to prevent supervised possession, we will also analyze your divorce and custody case in an objective way. We regularly hear stories of judges ordering supervised possession even when the evidence is just not there. The problem is once a parent’s time with his children is supervised, it is very difficult to change. That is one reason we won’t agree to supervised possession unless there is strong evidence against our client.
Defense of False Allegations requires an experienced attorney
Houston & Austin 713-784-9500
These false accusations are almost always made during a custody or divorce case. Hiller Law has been defending false accusations of child sex abuse in custody cases in Houston for many years. Contact or call Michael A. Hiller today at for a free phone consultation.