False accusations in family law cases are more common than you may realize. Some of these accusations, such as child abuse, may assert criminal conduct. This kind of accusation is particularly likely in a child custody or child support dispute. Other accusations, such as adultery, may assert legal but unethical conduct. Talk to an experienced Austin family lawyer as soon as you become aware of a false accusation against you.
If you find yourself up against false accusations, here are five things you should know:
- Some False Accusations Are More Common Than Others
In family court, the most common false accusations include:
- Child abuse or molestation;
- Domestic violence;
- Substance abuse (drug or alcohol abuse);
- Parental alienation (using emotional manipulation to turn the child against the other parent)
- Neglect, such as failure to provide food, clothing, medical care, or a safe living environment.
Many other types of accusations are possible, limited only by human ingenuity.
- Adultery Allegations Matter in Texas, Even Though It’s a Community Property State
Adultery is not a crime in Texas, but a family court judge might consider it a legitimate fault-based ground for divorce. A substantiated allegation of infidelity might bias a family court against you in asset division, even though Texas is a community property state.
An adultery allegation, even if the court believes it, will not affect which property is and is not community property. However, it can affect the court’s division of community property once it determines which property is community property.
This means that when it comes to property division in a divorce, you must take an adultery allegation seriously, even if it is false. Don’t think of Texas as a “no-fault” state and ignore an adultery allegation just because Texas is a community property state. Adultery will not affect child custody, however, as long as it does not affect the child.
- Losing Your Cool Could Result in Devastating Consequences
Few situations are more infuriating than a false accusation, particularly one that threatens your reputation, such as an allegation of child abuse. While it may be tempting to react emotionally, doing so can play into your accuser’s hands. In high-stakes family law proceedings, maintaining composure is crucial. A single outburst can have lasting consequences. This is where legal representation becomes invaluable. An experienced attorney, detached from the emotional turmoil of the case, can remain level-headed and help you do the same, ensuring a strategic and measured response to protect your rights.
- Some Accusations Could Result in Criminal Charges
In family law cases, the burden of proof is a preponderance of the evidence, meaning the claim must be more likely true than not—essentially, a 51% likelihood. This standard is significantly lower than the “beyond a reasonable doubt” threshold required in criminal proceedings.
However, failing to properly address an allegation of criminal conduct in family court can have serious consequences. If the accusation gains traction, it may draw the attention of law enforcement or the prosecutor’s office, potentially leading to criminal charges. This underscores the importance of taking false allegations seriously and responding effectively.
- Your Accuser’s False Accusations Might Backfire
If you can establish, by the weight of the evidence, that your accuser deliberately or recklessly issued a false accusation against you, some or all of the following consequences might follow:
- A loss of credibility for your accuser. The court will become less likely to believe anything else your accuser says.
- Court sanctions against your accuser, potentially including fines and jail time.
- Damage to your accuser’s reputation which doesn’t stop at the courthouse door.
- Limitations on your accuser’s child custody or visitation rights.
A false accusation might result in many other problems for the accuser at the court’s discretion. If the accusation is serious enough and your evidence is strong enough, a false accusation could even result in perjury charges.
Contact the Austin Divorce Lawyers at the Kazen Family Law & Divorce Lawyers Before You Get to Court
You will sacrifice many advantages you gain by hiring an experienced Austin, TX, family law attorney if you wait until after the first hearing to start looking for one. Your best bet is to hire a lawyer as soon as you see trouble brewing. The team at Kazen Family Law & Divorce Lawyers has over 19 years of combined experience handling divorce and family law matters. Contact us at your earliest convenience to schedule a consultation with an Austin family lawyer.
To learn more and get the help you deserve, contact our legal team at the Kazen Family Law & Divorce Lawyers and schedule your consultation today.
We serve all through Travis County and its surrounding areas in Texas. Or visit our family law firm in Austin, TX today at:
Kazen Family Law & Divorce Lawyers
609 W 9th St Suite 101, Austin, TX 78701
(512) 236-1315