Law Office Of Paulette Hamilton Divorce Lawyers | April 22, 2025 | Family Law
It’s important to believe victims who report abuse or assault, but false allegations of domestic violence or intimate partner violence (IPV) and child abuse are more common than many suspect. About 10% of people report they have been falsely accused of intimate partner violence (IPV), according to a 2023 survey.
False accusations, especially during a divorce or child custody case, can be incredibly stressful and traumatic. If you’re facing untrue claims of domestic violence, abuse, or misconduct during a divorce or custody case, it’s easy to feel overwhelmed and unsure of what to do next. But here’s the good news: Florida courts are required to consider real evidence and facts, not just accusations.
Here are five important things to keep in mind if you’re dealing with false allegations in a Florida family law case.
1. Don’t Retaliate: Stay Calm and Civil
When you’re falsely accused, it’s tempting to fire back with your own accusations or vent your anger. But this can backfire, even if your accusations are true. Judges are watching how both sides behave. Staying calm, respectful, and cooperative, even when it’s hard, can help show the court that you’re focused on what’s best for your children and your case.
If your ex is trying to provoke you into acting out, don’t take the bait. Keep texts, emails, and in-person interactions polite and brief. If you feel emotionally overwhelmed or unsafe, your attorney can help manage communication through legal channels and explore other options.
2. Gather Evidence: Facts Speak Louder Than Words
False claims are frustrating, but you don’t have to face them empty-handed. Start collecting evidence that proves your side of the story.
This may include:
- A detailed timeline showing the alleged sequence of events or actions is unlikely or impossible
- Text messages, emails, or social media posts
- Witness statements from friends, family, or neighbors
- Video footage or home security recordings
- Phone call logs or GPS data
- School records or attendance logs for your children
- Behavior that contradicts alleged abuse
Documentation can be powerful in proving the truth. Your attorney will help you figure out what’s most useful and how to present it legally.
3. Follow Court Orders Even If You Think They’re Unfair
If the court issues a temporary order, such as limited visitation or a no-contact order, follow it closely. Violating a court order, even one based on false claims, can damage your case.
Instead, work with your attorney to challenge the order through the legal process. Temporary restrictions don’t mean the judge believes the accusation. They’re often put in place as a precaution until more evidence is reviewed.
4. Request a Formal Hearing or Investigation
You have the right to defend yourself in court. In Florida, if you’re accused of domestic violence or abuse, the court may issue a temporary injunction (restraining order). But a hearing is usually scheduled soon after, often within 15 days. This is your chance to present your evidence and challenge the claim.
You can also request a child custody evaluation or independent investigation if the accusations impact your parenting time. These evaluations are done by neutral professionals who look at the full picture, not just what one parent says.
5. An Experienced Family Law Attorney Can Help
False allegations are serious. They can affect your custody rights, reputation, and even lead to criminal consequences. Having an experienced family law attorney on your side is crucial.
An experienced lawyer will know how to respond, collect the right evidence, and make sure your side is heard clearly in court. They’ll also protect your legal rights and help you avoid common mistakes that could hurt your case.
False accusations can feel like your world is spinning out of control, but you’re not alone, and you’re not powerless. In Florida family court, the truth still matters. With the right legal help, a calm approach, and solid evidence, you can protect your rights and your future.
Contact our Child Custody and Divorce Lawyers at Law Office Of Paulette Hamilton Divorce Lawyers for Help Today
Contact the Law Office Of Paulette Hamilton Divorce Lawyers for a free consultation with our Orlando divorce lawyers. We help clients fight for fair alimony payments to ensure they have the resources they need as they move on to the next phase of their lives.
Law Office Of Paulette Hamilton Divorce Lawyers