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TOPIC: False Allegations of Domestic Violence - HELP!

False Allegations of Domestic Violence - HELP! 3 years 4 months ago #75960

  • Mojo
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Unfortunately allegations can be made and changed throughout a case and as Simonses says most of the time little or nothing is done about them....I think they (judges) are so used to hearing them that they have become desensitised to the impact they have on the person that they are directed at.

Try not to get bogged down with her side of things, if she has no proof they are likely to be ignored, just concentrate on putting forward the best case you can.

IMO it's better to disprove what you can with ant evidence you have and rise above getting personal or nasty or going in all guns blazing, as if you express anger it may work against you.

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 3 months ago #76570

  • Dad2
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Had court hearing today 5 out of 11 allegations have been dropped and now I have 6 to fight off in court. The judge has decided to do a fact finding hearing but I am very happy with the outcome so far.

I have given all the evidence on paper and now I don't have anything else to do. Not sure if this is common but could someone who has been in the same position please share their experiences.

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False Allegations of Domestic Violence - HELP! 3 years 3 months ago #76597

In my fact finding hearing, there were three allegations although they weren't exactly "specific" - more a case of "points" that had to be disproven so there were a good ten to fifteen issues I was either challenged on or had to challenge.

We didn't have a "Scott Schedule" so this was slightly different from a normal fact find.

I found that knowing my statement, her statement and all of the evidence inside out was worth it's weight in gold.

If at all possible, try to get the other side to go first so you can hear her barrister question her. Listen carefully and take notes of the points you know you can disprove because after they've led her through the story the way they'd like it portrayed, it's your turn to pick it apart.

Wherever possible, when questioning her (if you're allowed - with DV allegations they sometimes don't let you!) ask her to repeat the lie you can disprove and ask her if she is sure, then ask the court to look at the evidence in the bundle that counters it.

Stay calm and keep to the facts. Above all be honest.

If you aren't going to be allowed to question her, the judge will do so on your behalf, this didn't happen in my case so I have no idea how that works - perhaps somebody else can fill in the blanks.

When it's your turn to take the stand just remember, the barrister wants to wind you up, confuse you and pressure you into making a mistake. Resist this at all costs. If he or she is pushing too hard just ask them calmly to slow down and stop being so forceful. The judge should back you up.

Again, use the truth, answer honestly and calmly. There will be trick questions and twisted facts - you will need to think on your feet to field these.

It's not a perfect system. I have found that it does revolve around finding the truth and dealing with the children's welfare - with this in mind, read up on the welfare checklist and also parental responsibility - know those principles, as well as yon can and apply them to each and every statement or action you make. You won't go far wrong provided you have a decent judge.

Hope this helps - typed in a bit of a rush as my case went well and I have two crazy toddlers running rings round me at the moment!

Good luck to you.

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Last Edit: by justdad. Reason: Typo
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