What should I do if accused of lying in family court?
What to Do If Accused of Lying in Family Court
Don’t Panic – Get Legal Help
If you don’t already have one, contact a family law attorney immediately. False accusations of lying happen often in contentious cases like custody battles or divorce. An experienced lawyer can help advise you on the best legal strategy.
Some things a lawyer can do:
- Review the accusation and any evidence behind it
- Advise you on potential defenses and legal options
- Represent you in court if needed
Having an attorney in your corner will help ensure your rights are protected throughout the legal process.
Understand Why You’re Being Accused
In family court, people may accuse others of lying for a few key reasons:
- To discredit you as a witness
- To cast doubt on your testimony or evidence
- As a legal strategy or negotiation tactic
- Out of anger, resentment, or emotion
Whatever the reason, false accusations can negatively impact your case if left unanswered. Your attorney can help craft a rebuttal and defense.
Gather Evidence to Support Your Case
Work with your lawyer to pull together documents, records, photos, videos, or witness statements that corroborate your version of events. Some examples could include:
- Receipts proving your location at a certain time
- Text messages or emails backing up your communications
- Sworn statements from people who know the truth
- Police reports from relevant incidents
- Medical records about injuries or abuse
Having solid evidence to disprove false allegations can be key to defending yourself in court. An attorney can help ensure the evidence is admissible.
Consider Filing a Defamation Lawsuit
If the false accusations against you are extremely damaging, your lawyer may recommend filing a civil lawsuit for defamation of character or slander. This involves proving:
- The person made a false statement about you
- They knew the statement was false or recklessly disregarded the truth
- The statement caused you measurable financial loss or harm
A defamation lawsuit can be complex, but may be worthwhile if the accusations severely hurt your reputation or livelihood outside of the family court case. An attorney can advise if you have grounds to sue.
Ask For Sanctions Against False Accusers
In egregious cases where someone deliberately lied to the court, you can ask the judge to impose sanctions like:
- Striking false testimony from the record
- Blocking the presentation of fabricated evidence
- Ordering the accuser to pay fines or your legal fees
- Jail time for perjury
Your lawyer can request sanctions and argue the accusations were made in bad faith just to gain advantage in the case. Judges frown upon dishonest tactics.
Remain Calm and Composed in Court
No matter how angry or upset false allegations make you, do your best to stay calm in the courtroom. Lashing out or displaying outrage can work against you. Let your lawyer do the talking and stick to the facts. Keep your emotions in check.
Answer questions from your attorney or the judge clearly and honestly. Do not get defensive or accusatory. Present yourself as credible. Inconsistencies or lies will only make your situation worse.
Staying cool under pressure can help convince the court you are telling the truth. Your lawyer can help prepare you for questioning.
Be Cautious When Settling
If the case moves toward settlement, be wary of accepting unfavorable terms just to make false allegations go away. An attorney can advise if the proposed agreement is in your best interests long-term.
Don’t let desperation or fear push you into a bad deal. You have options to defend yourself. Any settlement should be fair and reasonable under the circumstances.
Get Counseling Support If Needed
Being accused of lying, especially about something personal like your family or children, can take an emotional toll. The stress may affect your mental health. Consider speaking to a counselor or therapist for coping strategies. They can also serve as a witness vouching for your character, if needed.
Don’t be afraid to ask for help processing this difficult experience. You don’t have to go through it alone. Confide in trusted friends and family too. Their support can make a big difference.