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TOPIC: False Allegations of Domestic Violence - HELP!

False Allegations of Domestic Violence - HELP! 3 years 4 months ago #75541

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Ex-wife made allegations of domestic violence. Your help and experience mostly welcome please help me, I'm innocent and I have not committed such acts of violence.

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False Allegations of Domestic Violence - HELP! 3 years 4 months ago #75558

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Hi, you would need to provide us with a little more information in order to advise you. Are you in court proceedings to see your children for example?

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I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

False Allegations of Domestic Violence - HELP! 3 years 4 months ago #75603

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I'm really sorry that you are having such a hard time, has your ex stopped contact altogether and the allegations have been made due to you making a court application for contact?

I've had a read through your previous posts to try and get some idea of what might have happened, as Yoda has said though, we will need a little more information before we can properly advise you.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

False Allegations of Domestic Violence - HELP! 3 years 4 months ago #75613

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Thank you for your replies.

Our consent order expired in February 2016 and the problems began. In January 2016, I agreed to draft a family-based agreement and present it to my ex-wife. The family-based agreement included financial and non-financial matters both, equally important. For example, on the non-financial matters, I stated that the non-residential parent should not move further than 30 minutes drive by car from the children's school. On the financial matters, it was outlined that the father would contribute X amount per month along with clothing, days out, school trips and holidays. It was a frustrating time because the ex-wife kept moving the posts and only focusing on how much she would get each month. There was no mention on the non-financial arrangements.at any point by the ex-wife.

We could not agree, arguments escalated and I reached a point that having a 2 week break from seeing the children was the best option. This led to the ex-wife raising a claim against me at the CMS and claiming I was not seeing the children at all which is an absolute lie.

The constant lack of respect continued and I had to go through mediation. The ex-wife refused me access to both children and I was left with no choice. At mediation I could see that this was going nowhere, she wanted again everything on her own terms for example that I was only allowed to see one of the children at a weekend for 2 hours. This, in my eyes was ridiculous. How do I go from seeing broth children bi-weekly and then I'm only granted 2 hours.

So I filed papers in court, we could not agree on a routine and I live less than 4 miles from both children's school. In early June just before I went on holiday I receive a list of domestic violence allegations. This was ridiculous, allegations that I can cahllenge with evidence that can also be obtained by the courts independently.

First hearing, the jusdge on the case told me that the file I provided was good and he thanked me. He also said that although he has no questions on my ability to represent myself I should seek legal advice.

I mean is this not stupid? I would you raise false allegations? It is terrible and I now feel we are in a much worse position because now I cannot forgive her for what she did.


Regards

Dad2

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False Allegations of Domestic Violence - HELP! 3 years 4 months ago #75623

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She may have made these allegations to qualify for legal aid funding for a solicitor, this is usually the main reason that allegations come out of the blue like this. Try not to rise to it and just concentrate on putting your case together, if you can prove that the allegations are false then there's little to worry about and you will get a chance to provide the court with your evidence.

I think the judges advice to seek legal advice is just something they do as a matter of course, if you feel capable of continuing to represent yourself then I wouldn't allow the judges comments to dent your confidence.

Had your ex raised the allegations before the first hearing or since then?

It would be a good idea to start gathering and collating your evidence and working on your statement if you've been asked to provide one.

Best of luck

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

False Allegations of Domestic Violence - HELP! 3 years 4 months ago #75651

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The allegations were raised after I raised a CB1 for access. Do I need a solicitor as well as a barrister?

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False Allegations of Domestic Violence - HELP! 3 years 4 months ago #75654

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I feel for you Dad2; this is a well trodden path by women to either get a larger share of the estate or qualify for free legal aid. I suspect (although I don't know) that the solicitors tell women to concoct a few DV stories (there seems to be no burden of proof whatsoever to qualify for free legal aid, just be female, on a fairly low wage - and able to lie). I think the solicitors tell women to do this in order to guarantee they will get paid: awards for costs are rare in family courts, so if the girl doesn't qualify for legal aid they probably will not get paid even if she wins her case ...

What can you do about it? Not a great deal, the lady will get a free solicitor plus maybe a barrister, it will not make her accusations any more true if she has lied, but they may be better presented and perhaps more believable. You may still carry on representing yourself, of course you will be at a disadvantage, this is nowhere near fair.

As long as there is no material truth in the allegations it may not make much difference in the end, but the taxpayer will have the privilege of paying a bit more of a lawyer's mortgage.

Good fortune, don't be tempted to fabricate anything to counter the lies.

O

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Last Edit: by othen. Reason: Grammar.

False Allegations of Domestic Violence - HELP! 3 years 4 months ago #75671

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The courts have a duty to make sure children are kept safe and investigate any claims of Domestic Violence but you will have an opportunity to challenge these and provide your evidence.

It is possible to self represent as the court are very used to dealing with litigants in person. You don't have to engage a solicitor and a barrister, you can always prepare for the hearings yourself and use a Direct Access Barrister for the hearings only if you don't feel capable of self repping.

Have a good luck through our stickies at the top of the Legal Eagle section for advice on attending court.

Keep posting and we will do what we can to help you.

Good luck

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DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

False Allegations of Domestic Violence - HELP! 3 years 4 months ago #75687

Having faced a similar scenario, in fact it is still going on....

I would say represent yourself and try not to be phased by barristers or solicitors. There are a few advantages you have over these guys.

One being that you are emotionally invested in this case, you want to (I hope) achieve the right outcome for your children. This makes you pretty much unstoppable, your time doesnt cost you anything, even legal aid has it's limits in terms of a spending cap.

You will know the facts whereas the barristers or solicitors on the other side will have a very warped and fragile version of the truth which will probably be easily shot down in flames or seen to be rubbish by a decent judge.

You will have time to prepare your case based on fact whereas the other side will be dedicating as little time as possible to this - they are running a business and will have hundreds of other clients to deal with.

Standing in court as a dedicated father will go a long way to showing the judge that you are committed to your children as opposed to being spiteful or vindictive.

My advice would be to keep calm, do your research and make sure your facts are absolute. Try not to let the fact somebody is telling lies offend you, that's their issue and it is about them, not you. The more calm and collected you are, the more respect the court will give you.

I've found the process is long and drawn out but I also understand that any and all allegations need to be investigated - you just can't gamble with a child's welfare. Ultimately, every time you prove the other side has lied, your case is strengthened.

It's not pleasant but it's a journey you have been forced to take, you can win - well - no let's put that another way - your children can win. Be honest all the way and they will.

Good luck.
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False Allegations of Domestic Violence - HELP! 3 years 4 months ago #75704

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That was a really good reply justdad.
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False Allegations of Domestic Violence - HELP! 3 years 4 months ago #75957

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I have received my ex-wife statement of position but some of the allegations differ to those of the C100. They have changed it because I have submitted evidence to court on the first hearing. Can they do this? The C100 includes a statement of truth.

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False Allegations of Domestic Violence - HELP! 3 years 4 months ago #75959

I finished with my case yesterday and she can make up any allegations she wants, one statement to the next could be completely different and it will not matter. I was accused of going to jail for 6 months for racism which is complete fiction ... grabbing and dragging my kid and that she's afraid of me ... it was a 31 page statement of lies and nothing gets said.

There is no such thing as moral hazard in the courts, you may as well go in all guns blazing making up all sorts of crap and it won't be held against you.

What an utterly incompetent and failed system, but still its good for the people employed in it which is what really matters.

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