Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My spouse raised false accusation of domestic violence. she…

hello,my spouse raised false accusation...
hello,my spouse raised false accusation of domestic violence. she made a report to the police 8 months ago and so far no charges were made by the police however her attorney is trying to use a video record of a disagreement between me and her that happened three years ago in Canada on our trial divorce here in USA to make the Judge's mind.Questions:1 - Can the civil court accept that record as any sort of evidence?2 - Can the court accept past incident evidence (more that 3 years ago) to judge what happened 8 months ago?3 - What do you suggest to protect my right?Please help
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 hour by:
3/8/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 952
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources.

Give me a few moments to look over your information and I will be right back.

Ask Your Own Family Law Question

It seems that the avenue of going to the police got no where and that she is trying to put together a case of domestic violence.

I'll take your questions in order as you asked them.

1 - Can the civil court consider as evidence the video that was made?

If your wife was a party to the video and can testify to the Court that it is true and accurate then the Court can consider it. Even if she was not a party and you are, the Court may consider it.

2 - Can the court consider it even if it was three years ago?

The answer is maybe, but, and this goes to point three. The real question is if a court was to allow the evidence, what would it prove? It would likely only prove that 3 years ago there was a disagreement. It doesn't show all of the times in the last 3 years where you were all together and not disagreeing and, for your position, what it may show, if you and she were together any past the date of that video, that even with a video tape of the disagreement that occurred, she stayed with you. So that raises the question of how bad could it have been on her side? If you and her were not together the question would by why didn't you pursue a divorce 3 years ago (as in why did she not?)

So could a Court consider it? Sure. Could it be used to show what happened 8 months ago? Absolutely not.

So the final question, What should you do to protect your rights?

First, what does she want out of the divorce? Find that out and perhaps avoid a trial all together. Ask her attorney for a settlement proposal and determine if there is a way to finalize everything.

If not and a trial results, then the approach would be to decide if you want to try to keep the video from being admitted to evidence. If you do, when the attorney attempts to enter it, it should be objected and the Court should be made to understand that the video is three years old and has no value on the present.

If you decide that it should be admitted you could then after it was admitted have your wife address that despite the video it was more than 2 years (or whatever it was) that he waited to start a divorce.

Unless there is a lot of evidence of bad acts, I question how bad a three year old video would be if it was just a disagreement. Couples argue and disagree and judges absolutely know this.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 952
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Sean K Your Own Question
Sean K
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 952
952 Satisfied Customers
Experience: Family Law Attorney in Private Law Firm

Sean K is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
What do I need as a “preponderance of evidence “ to prove to
What do I need as a “preponderance of evidence “ to prove to the court my ex-husband abuses me? He attacked me on a vacation and I immediately texted my military leadership (we both were military at t… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,920 satisfied customers
Second opinion] my spouse raised false accusation of
Second opinion] my spouse raised false accusation of domestic violence. she made a report to the police 8 months ago and so far no charges were made by the police however her attorney is trying to use… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
4,464 satisfied customers
My spouse raised false accusation of domestic violence. she
my spouse raised false accusation of domestic violence. she made a report to the police 8 months ago and so far no charges were made by the police however her attorney is trying to use a video record … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
808 satisfied customers
I have written here before but I need more information my
I have written here before but I need more information my daughter has 3 children and right now she has 50/50 custody. She has been fighting for sole custody for many years. She has no lawyer but the … read more
Ray
Ray
Lawyer
Doctoral Degree
33,739 satisfied customers
My ex accused me of molesting my daughters using items
My ex accused me of molesting my daughters using items written by my children that read like fiction essays. The police and ACS never pursued. My ex used the allegations in a custody trial liberally. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
I have a cousin who is trying to file for an annulment
I have a cousin who is trying to file for an annulment against his wife for fraud. She basically married him just to come to America and she does not love him at all. This is what she told her relativ… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
I was accused of domestic violence against my partner of 10
I was accused of domestic violence against my partner of 10 years. I have no incidents of said behavior in past, however she does (DIR's and arrests for assaulting me but I refused to sign affidavit).… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,920 satisfied customers
In a domestic violence criminal case if charges are
In a domestic violence criminal case if charges are dismissed because it is clear the complainant made false statements and coerced a witness to sign an affidavit (for which the innocent defendant is … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,920 satisfied customers
In a domestic violence trial, can a judge find a man guilty
In a domestic violence trial, can a judge find a man guilty (and have domestic violence record for the rest of his life) based on significant other saying she has been abused in the past with no evide… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
North Carolina Greene County: Case 1: domestic violence
North Carolina Greene County: Case 1: domestic violence continued to benefit Plaintiff 3 times couple with Case 2: Me as Plaintiff in custody of 4 yr old son based on documented 45 days abandoning, ne… read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
Good evening, I recently had a custody trial. The judgement
Good evening, I recently had a custody trial. The judgement was to take 2 weeks (4 weeks have passed) and it may take up to 8 weeks. A great deal of the trial was about the mother's anger management ,… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,441 satisfied customers
I am a co-parent dad. My kids are with me three days and with
I am a co-parent dad. My kids are with me three days and with mom 4 days. Today kids should be with me but when I was picking up my kids, sheriff came and said ex wife made allegation. This is a false… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
A person given an injunction by the spouse with false accusations
A person given an injunction by the spouse with false accusations just to have the spouse removed from the house, because there is a lover involved. Lover hits one of the couple's child. Restraine ord… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
How can I remove a restraining order in Riverside County, CA
How can I remove a restraining order in Riverside County, CA that is at least 16 years old? This was something from when I was young. It is the only thing showing for me.… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
Recently my wife filed a restraining order on me, falsely accusing
Recently my wife filed a restraining order on me, falsely accusing me of being violent. I was later arrested for domestic violence. We had court several days ago regarding the restraining order and th… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My questions is on Domestic Violence in California. What
My questions is on Domestic Violence in California. What is the statue of limitations on filing a domestic violence act that happen to you with police or sheriff in Calif? What is the statue of limita… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a grandchild in Douglas County , Colorado. He is three
I have a grandchild in Douglas County , Colorado. He is three years old.The parents are about to divorce. What are the chances of this child relocating to Pennsylvania with his mother. Neither parent … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
I have been repeatedly harassed via emails, and had the police
I have been repeatedly harassed via emails, and had the police do a civil security check (12/31/09) just as more intimidation from my daughter's mother. In 2006 she defaced my car (police reports), 20… read more
NJ FamLaw
NJ FamLaw
Doctoral Degree
517 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x