subject: Falsely Accused? Here Are Some Things You Can Do [print this page] For many dads who are dealing with custody battles, defamation of character, restraining orders and false allegations are part of their lives at the time. You may not know how to fight back and everything may seem lost. You may even feel like the battle was lost before it ever even got started. But be encouraged. Here are some things you can do that can help.
Understanding the law and your rights is the first crucial thing you need to know. Get an education through a lawyer, legal advisory or a father's advocacy group. Do your own research. Standing up for your rights is of key importance, and you need to be willing to do that. It can take a long time and you need to stick to your guns.
Go on the offense immediately by documenting everything. Do this before any type of false allegation is ever made. This is the best defense out there. If you are charged with false allegations and were not at the hearing, request a transcript. You need all documents involved, not just your own.
Before any of your rights are taken away, you have to be granted due process according to the 14th Amendment. Many times this gets ignored in custody issues, but it is still your right. A well-drafted appeal and rebuttal can clarify the situation and allow you to make the proper request to get the false allegations removed.
Many dads think they cannot sue their ex-wives in a civil suit, but they most certainly can. This can be an excellent defense in a false allegation charge. Filing a tort lawsuit against your Ex for defamation of character and fraud lets her know you take the charges seriously and are going to fight back.