Divorce can be one of the most emotionally charged events in a person’s life—and when custody, money, and pride are at stake, it’s not uncommon for one party to resort to extreme measures. Unfortunately, in some contested California divorce and custody cases, individuals make false claims of domestic violence in an attempt to gain the upper hand.
False allegations can be devastating. A restraining order—especially a temporary one—can immediately affect your custody rights, reputation, and ability to remain in your home. In some cases, you may even be forced out of your residence, cut off from your children, and required to defend yourself in a court of law with little notice. The stigma of being labeled an abuser can linger long after the accusation is disproven.
If you are facing false domestic violence allegations during divorce or custody litigation in California, you are not alone—and you are not without recourse. This blog explains what to expect, how the courts handle these cases, and what legal strategies you can use to defend your rights and reputation.
Why False Allegations Are Made
Most people do not fabricate domestic violence allegations. However, when false claims do occur, they’re often motivated by one or more of the following:
- Gaining custody leverage: Since California Family Code §3044 presumes that a parent who has committed domestic violence should not have custody, an allegation can be used to try to exclude the other parent.
- Retaining the family home: A temporary restraining order can force someone to vacate the home, allowing the accuser to stay during litigation.
- Securing spousal support: Judges may consider abuse in determining support amounts or durations.
- Controlling the divorce process: The stress and urgency of responding to a DVRO can shift power during the early stages of litigation.
Regardless of motivation, false allegations can have very real consequences. Courts treat every claim seriously, and even unfounded accusations require a strong and immediate legal response.
The Law: Family Code §3044 and DVROs
California Family Code §3044 creates a rebuttable presumption that a parent who has committed domestic violence should not have joint or sole custody. This presumption is powerful—it can shift the entire trajectory of a custody case. However, the presumption only applies if the court finds that domestic violence actually occurred within the past five years.
The burden then falls on the accused to rebut the presumption by showing that awarding them custody is still in the child’s best interest. This is why some litigants misuse the DVRO process: if they can secure a finding of domestic violence, they may limit the other parent’s custodial rights without a full custody hearing.
But courts are also aware of the potential for misuse. Judges are trained to assess credibility, motive, and consistency. If your case is built carefully and presented effectively, false allegations can be defeated—and in some cases, turned against the accusing party.
Immediate Effects of a False DVRO
When a restraining order is filed, a judge can issue a Temporary Restraining Order (TRO) the same day without notifying you. This order can:
-
Remove you from your home
-
Bar you from contacting your children
-
Suspend visitation rights
-
Require you to surrender firearms
-
Restrict your movement and communication
This happens before you even get a chance to respond. That’s why time is of the essence. You will typically be scheduled for a hearing within 21 days. If you do not appear or fail to defend yourself, a permanent restraining order (DVRO) could be entered for up to five years.
Defending Against False Allegations
Defending against a false DVRO requires more than just saying, “I didn’t do it.” You need a strategic, evidence-based response that dismantles the accuser’s credibility and shows the court the full context. Here’s how to approach your defense:
1. Gather All Communication
Save every email, text, voicemail, and social media message between you and the accuser. These can show:
- Lack of fear or ongoing contact by the accuser
- Contradictory statements
- Attempts at manipulation
- Harassment or provocation by the accuser
Courts look for consistency in the accuser’s behavior. If they claim to be afraid of you, but their messages are casual or affectionate, that can seriously undermine their credibility.
2. Obtain Witness Statements
Friends, family, teachers, childcare providers, or coworkers may have observed your interactions with the accuser or your children. Statements from neutral third parties can be highly persuasive.
3. Secure Digital Evidence
If the incident allegedly occurred at a time or place where you have an alibi—such as phone GPS data, time-stamped emails, or surveillance footage—present it. Inconsistent timelines can raise doubt.
4. Request a Hearing and Testify
You have the right to defend yourself at the restraining order hearing. This is a formal proceeding, like a mini-trial, where both sides can present evidence, call witnesses, and cross-examine.
5. Challenge the Presumption
If the DVRO is granted, you can still rebut the Family Code §3044 presumption by:
- Showing you did not commit abuse
- Completing anger management or parenting classes (even if voluntary)
- Demonstrating your parenting ability and relationship with the child
- Providing evidence that custody with you is in the child’s best interest
Even if a DVRO is issued, it does not mean you lose custody automatically—but it does mean you need to be proactive in countering the legal presumption.
What Happens If the Court Finds the Claims Are False?
If the court determines that the allegations were knowingly false, several outcomes are possible:
- Custody consequences for the accuser: Courts disfavor manipulation. A parent who uses false allegations to alienate or exclude the other may lose custody themselves.
- Attorney’s fees and sanctions: California law allows for the award of attorney’s fees to a prevailing party in a DVRO proceeding. If the claim was clearly frivolous, the court may also impose sanctions.
- Impact on credibility in the main divorce case: False claims can seriously undermine a litigant’s credibility. If they lie to the court once, judges are far less likely to believe them later—especially in contested financial or custody issues.
In extreme cases, knowingly filing a false DVRO may even lead to criminal charges for perjury or filing a false police report, though this is rare.
The Role of Minor’s Counsel and 730 Evaluations
If the case involves children and the court is uncertain about the truth, it may appoint Minor’s Counsel (a lawyer for the child) or order a 730 custody evaluation. These neutral professionals will interview the child, both parents, and other sources to assess:
-
Whether abuse occurred
- Whether the child has been coached or alienated
- Which parent provides the more stable and safe environment
In these cases, documentation, demeanor, and consistency matter enormously. False accusers often overreach or display controlling tendencies in interviews—something evaluators are trained to detect.
Rebuilding Custody and Reputation
If you’ve been falsely accused and lost temporary custody, all is not lost. You can petition the court to:
- Reinstate visitation (often starting with supervised time)
- Modify the custody orders once the DVRO is lifted or denied
- Appoint reunification therapy if alienation occurred
- Return to a shared parenting plan
Courts aim to preserve parent-child relationships whenever possible. If you can demonstrate that the false allegation damaged that bond—and that you are acting in good faith to rebuild it—judges will take notice.
Final Thoughts
False domestic violence allegations are a tragic misuse of a system designed to protect. But they can be fought—and disproven—with diligence, strategy, and experienced legal guidance. The key is not to panic, but to respond swiftly, gather evidence, and trust the process.
At Minella Law Group, we’ve successfully defended parents against false accusations and restored custody, credibility, and peace of mind. We also help ensure that legitimate claims of abuse are taken seriously and prosecuted appropriately—because we believe in protecting both the innocent and the vulnerable.
Accused Falsely? Don’t Wait to Defend Yourself.
If you’re facing false allegations of domestic violence during divorce or custody litigation, you need a legal team that knows how to respond with strength and precision.
📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and create a clear strategy tailored to your goals.
📝 Prefer email? Fill out our online contact form and a member of our legal team will get in touch with you promptly.
Your rights, your reputation, and your relationship with your children are worth defending—let us help you protect them.