Get a Good Lawyer Right Away
Video Transcribed: So you’ve weathered the storm and you’ve come out the other side more or less intact. What are your remedies against someone who has made false allegations against you? My name is Brian L. Jackson. I am an Oklahoma father’s rights attorney here with dads.law. And now I want to talk to you about what some of your remedies are if you are the victim of false allegations.
Let’s start with talking about protective order court. In protective order court, it’s difficult to get an attorney’s fee award in protective order court if you’re the defendant.
However, if you are able to show that the allegations against you are provably false, and the specific standard under the statute there is that there has to be no victim and you have to show that the protective order was frivolously filed, then you are entitled to your attorney’s fees.
Now there are similar rules in family court for false allegations. For example, if somebody, let’s say, accuses you falsely of harming your child in some way and files an emergency predicated on that, if you can prove that the court granted the emergency based on false information, then that too is an attorney’s fees situation. You could get an award. Additionally, if you are wrongfully denied visitation, you file a motion to enforce, that is a fee situation as well.
Now, for most of these situations, it’s a pretty high burden. You have to show that it was knowingly false in order to get to where you get your fees, but you do have a remedy if she’s asserted false allegations against you in the form of attorney’s fees.
If you are looking at a situation where you are facing false allegations, you need a good lawyer right away. If you have questions about any of that, if you ever need a Tulsa child support attorney or a Men’s Child Custody Lawyer in Tulsa Ok, you can find one at Dads.Law.