Question:
My wife has falsely accused me of abusing our child. What legal options of recourse do I have?
Answer:
While I am not licensed to practice law in your state and am unable to give you legal advice, I can give you some general observations on this issue based on the jurisdiction where I practice.
Where I do practice in Virginia, making false claims against someone, which imputes crimes involving moral turpitude, are considered slanderous.
If you are the subject of these claims you are afforded two forms of relief.
The first is to file a claim with the police or prosecutor seeking criminal prosecution and the second is to a file a claim in civil court under tort theory.
Any claim for slander is always difficult to prove because the court must balance an individual’s right to free speech with the victim’s right to be free from harm.
All issues regarding false statements are extremely fact-specific and require a specialized knowledge of local law. For these reasons I would suggest you contact an attorney who specializes these types of matters in your jurisdiction.
Remember, I am unable to provide you with anything more than tips on slander, so please contact an attorney in your jurisdiction to obtain specific advice as to the laws of North Carolina and how they impact your case.
To arrange an initial consultation to discuss child custody rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
what about when the courts have said there are no rights. Put simply if it is against a woman then she will always be seen as the one who always tells the truth even with evidence showing otherwise and no evidence will ever be used against her. So that the man has no rights (fair trial,fathers rights, free speech, etc)
I live in Ohio currently