False accusations of domestic abuse

Beyond your relationship with the accuser and any legal or custodial consequences, the potential effects of false charges include damage to your reputation on a personal and professional level, as well as the possibility of losing custody of your children along with affecting your personal relationships with family and friends.

That’s why, if you are falsely accused of domestic violence or abuse, it’s vital to enlist the services of knowledgeable domestic abuse lawyers. Together you can immediately begin putting together the defence against the false domestic abuse claims.

A skilled family law firm with a team of domestic abuse solicitors, will make every effort to minimise reputational damage, and guide you through the legal process from start to finish.

If you are wrongly accused of domestic abuse in the UK, it’s important to know that any allegations will be thoroughly investigated and scrutinised by the court.

Your conduct, including your actions and all communication, may be used against you as a form of evidence to support the claims of your accuser. While it might be difficult, it’s helpful to stay as calm as you can and keep a clear record for yourself.

It’s vital that you do not contact your accuser, either directly or indirectly. You could make things worse, which might result in further accusations or other legal actions being taken.

In some cases, your reaction to false claims may inadvertently lead the court to draw conclusions about your behaviour and understanding of domestic abuse which may appear to be inconsistent with the truth.

It’s beneficial to focus on disproving the claims falsely made against you by evidencing and modelling your non-abusive character, rather than attempting to prove that your accuser is lying.

If you have been accused of domestic abuse in your divorce proceedings, we highly recommend that you seek specialist and professional advice from a family lawyer as soon as possible.

If you’re accused of domestic abuse and your accuser seeks the assistance of the police, you may be detained by the police and questioned.

When police are called out to a domestic disturbance, they are likely to record observations from the scene, take photographs and may take statements from both parties. Your lawyer will be able to get disclosure of the evidence against you if they are present at your interview.

Based on their understanding of this evidence, your lawyer will advise you on the best approach to take during the police interview.

You may remain in police custody after the interview while the police wait for the Crown Prosecution Service (CPS) to decide whether to file charges against you.

Alternatively, you may be released on bail while the investigation is ongoing. Your lawyer may be able to negotiate this as well as limitations on your freedom of movement and contacts.

If the CPS determines that there is enough evidence to prosecute you, a court date may be set up right away. If the CPS have not obtained all supporting evidence, it is likely that you will be bailed for a period of time while they look into the allegations made and to see whether there is sufficient evidence for you to be charged.

Should the police request a domestic violence protection order on behalf of your accuser, and this is granted by the court, you will be barred for up to 28 days from visiting your shared home or making contact.

If you are accused of domestic abuse, your accuser may request an non-molestation order.

Molestation refers not only violence or the threat of violence but encompasses any kind of harassing and intimidating contact or behaviour. A non-molestation order is designed to temporarily prevent contact between accusers and the accused.

The court may grant a non-molestation order on a ‘without notice’ basis. This means that you will be given no prior notice before the court grants the injunction.

You will attend a court hearing where, with the support of your lawyer, you can ask the court to dismiss the injunction or provide evidence to the court as to why the order is not required.

Together, you and your solicitor can review the statement provided by your accuser that sets out the allegations against you.

From there, your solicitor will be able to assess the facts and prepare a statement in response, laying out your account of events.

This document will be reviewed by the judge before you and your accuser attend court, so it is essential that it is drafted by a domestic abuse law specialist.

The most important first step is to take advice from a solicitor who specialises in family law and has experience of dealing with allegations of domestic abuse in divorce.

You can agree to provide an ‘undertaking’, stating that you will not threaten, harass, intimidate, or provoke your accuser. The wording will mirror that of the non-molestation order.

An undertaking is a legally binding agreement made with the court. Therefore if you breach the terms of the undertaking, you will be in contempt of court which can lead to serious consequences.

Crucially, the undertaking is provided on the basis that there is no admission on your part, therefore cannot be used your accuser cannot use it against you in court proceedings.

Providing an undertaking is a compromise solution and its purpose is to avoid the stress and expense of a court hearing.

Alternatively, you may wish to defend the allegations in court and ask the judge to make a ruling that the accusations are false. This approach would require you and your accuser to attend court, at which both you and your accuser will give evidence and be cross-examined by barristers about the alleged domestic abuse. This gives you the opportunity to provide your side of the story along with your supporting evidence when defending such allegations.

The judge will consider your written statements and the evidence you both provide in court. They will then decide whether some, or all, the allegations are true or false.

This is a more “high-risk” strategy than providing an undertaking. Even if the allegations are false, the judge may determine that you are guilty of domestic abuse which could have a negative impact on any dispute regarding children or on financial issues.