Legal Question in Family Law in Hawaii
Legal recourse for false accusation-sexual molestation
Son's wife has recently refused visitation with their children. They are not divorced. She has verbally accused him of sexual molestation of the children. Any recourse for that? Both parents are on welfare.
1 Answer from Attorneys
Re: Legal recourse for false accusation-sexual molestation
Yes, there are various defamation type actions you can file. However, these complaints are almost never a wise legal decision. The plaintiff has the burden of proving the falsehood of the statements. Your son must be very careful now because if she files a Temporary Restraining Order against him in Family Court he will be between a rock and a hard place and find himself trying to prove to the court that he is not a molester, like a common criminal. BY CAREFUL I MEAN HE MUST NOT MAKE ANY ATTEMPTS TO EXERCISE HIS RIGHT TO VISITATION NOW. He needs to file for enforcement of the custody/visitation order immediately before she goes to the courts and makes him out to be the bad guy. Feel free to call me at 526-0892 if you need more help. Aloha, Jon A. Zahaby --
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