Does Court Believe the False Allegations?

If anyone is accused of domestic violence, the court will not automatically believe allegations that your ex says whether true or false without investigation. The court might make an order based on the risk of any allegations being true.

If your partner or wife claims that he urgently needs a non- molestation order, the court will only grant her a temporary one without you receiving any court notice before the court grants the injunction. However, you will be given a chance to attend the hearing within a specific number of days of the non-molestation order being granted and request the court to terminate the order. These dates have recently been seen to be moved due to the lack of availability of judges and overload on the court systems. This is concerning.

Sometimes, it might feel unfair if the court appears to be favoring the other party making the allegations without subjecting them to 
scrutiny. But the reason for this is that if there are serious allegations been made, the court is going to find out whether those are true or not, but in that interim period, between those allegations being made and between the court hearing to decide whether they are true or not, the court must take a cautious approach to eliminate any potential risk to the accusing party or children involved.

So, if you have allegations made against you which you believe are wholly untrue but you feel like the court believe them, bear in mind that the court is only taking the cautious approach and if you present the evidence to prove yourself innocent, the court will give you a fair chance to explain your side of the story before making the final decision.

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