5 Things to Remember if You’re Up Against False Accusations In Court In York County, SC
Before testifying in court, South Carolina law requires every witness to swear that they will tell the truth. Unfortunately, it’s fairly common for people to lie in court when they are going through a divorce or have a contentious child custody case.
Your ex may lie about anything from how long you have been involved in your child’s life and whether you’ve been paying support to lying about you sexually abusing your child or hitting them. It’s important to remember certain things when facing false accusations in court in York County, South Carolina.
1. The Stakes Are High
South Carolina family courts have a lot of power. These courts have the authority to split your property as they see fit during divorce, award financial support, or dictate the terms of your relationship with your children. It’s not possible to take the false allegations too seriously.
However, it’s also important to maintain your composure when reacting to such allegations. For example, if you react angrily to accusations of domestic violence, you could look guilty to the judge. Try to stay calm even if you feel overwhelmed at the time.
2. You Need to Pay Attention
Your ex might be making false accusations to put you on the defensive. For example, they might be using the accusations to detract from their own bad behavior. You will need to listen and note what your ex is saying so that you can properly argue against it, if necessary.
3. You Can Still Be Awarded Visitation with a History of Domestic Violence
If you’re concerned that your ex will automatically be able to ban you from seeing your child because of a history of domestic violence, this may not be the case. South Carolina law states that a court can order visitation to someone found guilty of domestic violence as long as the safety of the victim of domestic violence and the child can be made. Of course, if the allegations aren’t true, you may still want to combat them, but it may be helpful to keep in mind this doesn’t have to serve as a total bar under the law.
4. It’s Not What You Know; It’s What You Can Prove
There’s an old adage in the law that it’s not what you know; it’s what you can prove. Even if you know your ex is lying or they are guilty of the same acts they are accusing you of, this is usually not enough. The court only has a limited amount of time to meet and judge you and your case. You must have credible evidence to prove your side of things.
Possible evidence might be:
- Phone call logs
- Text messages
- Emails
- Social media posts
- Medical or school records
- Receipts
- Bank account statements
- Witness testimony
You may need help getting evidence that can be presented in court. A lawyer can help.
5. You Need A Lawyer
Fale allegations are so common in family law cases. It’s important that you have a lawyer who is experienced in dealing with this. You should be honest with your lawyer and then allow them to recommend how to argue your case.
Your lawyer might recommend negotiating a settlement out of court to avoid the false allegations altogether or obtaining evidence to prove the allegations are false. You can learn more about how a lawyer can help by scheduling a confidential consultation.
Contact an Experienced Divorce Attorney at Minor Law Divorce Lawyers for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm Minor Law Divorce Lawyers in Rock Hill, SC at (803) 504-0971 or contact us online today.
You can also visit our law firm at 1273 Ebenezer Rd, Suite B, Rock Hill, SC 29732.
We serve throughout York County.
