False Allegations of Abuse and Emergency Custody Orders

If you are falsely accused of domestic violence, you likely have many concerns and issues to work through. Aside from the immense amount of stress these allegations often create, you could face immediate challenges in your life, such as problems in the workplace and legal hurdles. Moreover, these accusations could jeopardize your relationship with your children.

Sometimes, parents lose the ability to see their kids as a result of allegations of abuse, even if the claims are untrue. For example, the court could issue an emergency custody order that bars one parent from seeing their child.

Why do courts issue emergency custody orders over abuse?

According to the North Carolina Judicial Branch, if a judge believes that a child faces a significant risk of sustaining injuries or suffering sexual abuse, they could grant an emergency custody order. Also known as an ex parte order, these custody orders are enforceable even if the court does not hear from the accused party. In fact, law enforcement officials could take action to protect a child if such an order is in effect.

How can you address false allegations of abuse?

If you are facing false allegations of domestic violence and your child’s other parent has secured an emergency custody order that prohibits you from seeing your child, you need to firmly defend your rights. Make sure you attend a hearing and carefully prepare your defense, gathering as much evidence as you can. Understand what is at stake and try to keep your emotions in check, even though this entire ordeal is often extremely overwhelming.

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