Hello, My husband of 8 years was falsely accused of assault…

Question

Answer 1

Answered in 6 hours by:

10/20/2011

Solicitor: Patrick H., Lawyer replied 11 years ago

Patrick H., Lawyer

Category: Australia Law

Satisfied Customers: 5,422

Experience: Dip Law LPAB - Sydney based lawyer

Verified

Your partner could attempt to sue his ex for making false allegations, but need to understand that the fact the charges were dropped is not the same as proving the allegations were deliberately false in the way you would need to do in order to succeed in a civil law suit.

In circumstances where it appears your partner's ex was in fact injured and the only witnesses were not independent, the court is unlikely to entertain any such claim.

Other factors which you should consider:

The family court will not look favourably upon such legal action which may be perceived as vindictive. Such an impression may adversely affect the way the court deals with future matters.
The impact of such a law suit on your ex's daughter, who presumably is still maintaining, or is likely to want some kind of relationship with her mother.
Whether the ex has the means to pay any judgment you might obtain.
The cost of such proceedings and the significant risk you would be unsuccessful.

Only a lawyer fully briefed in your circumstances can provide you with firm specific advice about your situation. So if you still feel inclined to explore a legal option, you should engage a lawyer who can consider the full history of your ex's family situation.

I appreciate this may not have been the answer you were hoping for, however, it does reflect the reality of your legal situation.

Good luck and please click the accept button.

Answer 2

Solicitor: Patrick H., Lawyer replied 11 years ago

What further information are you seeking?

Answer 3

Solicitor: Patrick H., Lawyer replied 11 years ago

I am not telling you what you should do, I am attempting to provide you with some general advice based on my knowledge of the law and my experience with courts. I am not trying to argue with you.

- In future court proceedings, the court will not generally be interested in the detail of any other litigation, but if it comes to their attention, it may well create a negative impression, especially if you are unsuccessful.

- Whether or not you are concerned for the daughter in the circumstances is a matter for you and the father. I merely raised it as an issue to consider.

- From what you have said, I've no doubt the mother has left a negative impression with the court, however, that doesn't mean the court won't form a negative impression of you or your partner if you retaliate in kind.

-the courts are generally not interested in allowing every aggrieved accused the opportunity to sue someone who accuses them or whose evidence was not accepted by the courts. Such actions, whilst strictly possible, are not looked upon favourably by the courts.

- The fact the police dropped the case and especially where they agreed to pay some compensation may suggest the allegations were not well founded, but primarily it suggests the police acted inappropriately, This is not proof that the mother made false allegations. The police made the decision to charge the father, and the police took a very long time to drop the charges. Neither of those decisions was in the power of the mother, so she cannot be held strictly responsible for those decisions.

It you decide to take legal action I wish the best of luck to you. If you can obtain the necessary evidence then you will likely succeed, but only a lawyer fully briefed in the history of the family, the police file and the evidence that all witnesses are likely to give can give you a firm answer as to your prospects.

I have given you my honest opinion based on the information you have provided.

Please click the accept button.

Hello, My husband of 8 years was falsely accused of assault…

How JustAnswer works

JustAnswer in the News:

What Customers are Saying:

Meet the Experts: