Defense of False Accusations

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Is your spouse making false accusations of you as part of your Houston divorce case? We are here and ready to help you. Our record speaks for itself.

I.

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. Regardless of the unacceptable reason for a spouse doing that, for your Hiller lawyer, these false accusations are almost always made during a custody or divorce case. HillerLaw has been defending false accusations of child sex abuse in custody cases in Houston for about 10 years now. In these cases, we have not lost a single hearing or negotiated an agreement that resulted in our client having supervised possession.

II.

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 For example, the accusation may be one that was originally made many years ago, and CPS and often courts failed to find a problem.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 had a case where lawyers have actually pursued supervised possession for a father because they found out about an accusation that was made 10 years ago. I called the other lawyer and said “I strongly recommend that you not pursue this case, because the alleged incident occurred 10 years ago, there was no finding of a problem then, and there is no evidence of anything occurring since”. We were in a court whose reputation it is to listen the evidence and make fair and caring decisions for children. The lawyer did not listen to me. As expected, the court ruled that he was not going to order supervised possession for the same reasons that I asked the lawyer to drop the case. The strategy the lawyer took because of what the client wanted harmed relationships in the family for years and cost the family thousands of dollars. Had the lawyer practice Contemplative law, as we try to do, she would have advised the client not to pursue these claims. But still, HillerLaw’s client’s possession was never supervised, and there has been no complaint about him since. We have even worked on healing the broken relationships in the family.

We vigorously defend against these accusations in defense of child sex abuse in custody cases. But still, part of HillerLaw’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. In other words 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 primary residence. 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 usually the parties 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 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. Regardless, we have an excellent track record with our clients against whom these accusations are made. On the other hand we regularly here stories of other lawyers agreeing to 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. But remember our goal is to represent those who are falsely accused not those who are truthfully accused.