Addressing False Claims in Your Divorce and Protection Order Case

False allegations in a Washington divorce or protection-order proceeding can feel overwhelming. You may suddenly find yourself defending against claims that distort what happened, exaggerate past events, or invent behavior outright. These accusations can affect custody, temporary orders, financial support, or even your reputation.

Washington courts are experienced at sorting through conflicting stories. Judges rely far more on credibility and evidence than on the loudest accusation. How you respond can significantly influence the outcome of your case.

Stay Calm and Stick to Verifiable Facts

When someone lies about you in a declaration or motion, it is natural to feel angry and want to fire back with equal intensity. But emotional responses often backfire. Judges look for clarity and credibility, not drama. Your filings should be steady, factual, and concise.

State what happened and, if necessary, what did not happen. Avoid editorial commentary. A calm tone reinforces your reliability and makes the false statements easier for the court to identify.

Use Evidence to Undermine False Claims

False allegations lose power when you can pair your version of events with documents, messages, or third-party observations.

Evidence can include text messages, emails, screenshots, police reports, photos, school records, bank statements, medical notes, or anything else that contradicts the inaccurate claim. Even small pieces of documentation can demonstrate that the opposing party’s statements are not reliable.

You do not need to attach every scrap of evidence you own. Instead, provide targeted exhibits directly tied to the most important allegations, such as those relating to parenting, safety, and finances.

Respond Directly but Briefly to False Statements

Keeping your responses tight and focused shows the court that you are not trying to “win the narrative battle”, you’re simply presenting accurate information. This approach often makes the opposing party’s exaggerations stand out even more starkly.

Be Consistent Across All Filings

One of the biggest credibility killers in Washington family law cases is inconsistency. Judges routinely compare declarations filed months apart. Even small contradictions may be used against you, especially in cases where credibility is central.

Third-Party Declarations Can Strengthen Your Response

Neutral witnesses can significantly help when you are dealing with false allegations. Teachers, neighbors, coaches, childcare providers, police officers, or friends who have observed relevant events can provide short declarations that confirm your version of events. Courts value independent perspectives. This is particularly useful in custody cases, where a single parent’s accusations can otherwise create a “he said, she said” dynamic. That being said, avoid “character statements” in most scenarios as they provide little assistance in these situations.

Acknowledge Your Own Imperfections When Appropriate

If part of an allegation is true, acknowledge the piece that is accurate while correcting the parts that are false. Judges know people are imperfect. Taking responsibility where appropriate often increases your credibility and reduces the impact of the opposing party’s accusations.

Avoid Filing False Counter-Allegations

It may be tempting to retaliate by exaggerating the other party’s behavior. Resist that urge. Courts punish dishonesty, and responding to a lie with your own falsehood can severely damage your case. Keep your filings accurate, even when you feel attacked.

False allegations are stressful, but they do not determine the outcome of your case. Judges look carefully at credibility, consistency, and evidence. By responding calmly, providing documentation, and focusing on what truly matters you can counter false claims effectively. Call today for a free telephone case evaluation 425-800-0582.

When someone files for a Domestic Violence Protection Order (DVPO) in Washington, their safety often depends on the court understanding the full picture of what has happened. The judge must determine whether domestic violence occurred and whether a protection order is necessary to prevent future harm. The strength and clarity of the evidence you present can make all the difference.

A DVPO case doesn’t require the same level of proof as a criminal trial, but courts still rely heavily on specific, credible, and detailed evidence to make a ruling. Below are some examples of evidence that may be helpful when requesting a DVPO.

1. Your Declaration: The Most Important Evidence
   Your sworn declaration (the written statement filed with your DVPO petition) is the foundation of your case.
   
   Each case is different but some factors that make a strong declaration include:
   
   
   • Describing events in clear (often chronological order). Judges need a timeline - what happened, when, and how often.
     
     
   • Include specific actions or threats. Vague statements (“he was abusive”) are not enough. The more detailed the better.
     
     
   • Explain how the behavior made you feel or why it caused fear. Washington law requires showing fear of harm or coercive control.
     
     
   • Tie past incidents to present danger. The court must understand why an order is needed now. So, if you provide background information or details of events from long ago, clarify why that information is important for right now.
     
     Your declaration is your voice in the courtroom, and judges rely on it heavily.
     
     
2. Text Messages, Emails, and Social Media Evidence
   Written communications are some of the most persuasive forms of evidence because they show the respondent’s own words.
   
   Helpful examples include:
   
   
   • Threatening messages
     
     
   • Apologies that admit harmful behavior
     
     
   • Harassing or obsessive communication
     
     
   • Attempts to control your day-to-day activities
     
     
   • Messages showing stalking or monitoring
     
     
   • Violations of a prior order
     
     Tips for presenting this evidence:
     
     
   • Provide screenshots that show the sender, date, and time
     
     
   • Highlight or excerpt key messages in your declaration
     
     
   • Avoid overwhelming the court with hundreds of pages where possible - choose the strongest examples
     
     
   • Explain context in your declaration when necessary
     
     
3. Photos, Videos, and Voicemails
   Visual and audio evidence can directly support your description of abuse.
   
   Common examples:
   • Photos of injuries or bruises
     
     
   • Damaged property (walls, doors, furniture, broken items)
     
     
   • Photos of weapons or threats involving weapons
     
     
   • Screenshots of caller logs or voicemail transcripts
     
     
   • Videos capturing yelling, intimidation, or violence (be careful regarding Washington’s recording laws and speak to an attorney if you have questions)
     
     
4. Police Reports and Criminal Records
   Police involvement strengthens the DVPO because it provides third-party documentation. This can include incident reports, bodycam footage, 911 call recordings or transcripts, etc.
   
   
5. Medical Records and Disclosures to Providers
   If you sought medical or mental health treatment related to abuse, the records can be strong corroboration. Examples might include ER or urgent care records, mental health therapy records, documentation from your physician discussing injuries, etc. Make sure to file records properly under seal if including them in your exhibits.
   
   
6. Witness or Third-Party Declarations
   While DV often occurs behind closed doors, witnesses can provide important context. Courts will consider general “character statements” but the most persuasive third-party witness declarations will be specific. Perhaps a neighbor overhead or saw an incident. Perhaps you confided in a family friend contemporaneously with the incident. Perhaps a teacher or medical provider spoke with a child and noticed changes. Witness declarations should be brief, factual, and signed under penalty of perjury.

Organizing Evidence for Court
Judges often have only a few minutes to review your petition at the temporary hearing. A clean, organized presentation is essential.

Tips:

• Number every exhibit
  
  
• Refer to each exhibit by number in your declaration
  
  
• Provide dates for each piece of evidence
  
  
• Keep it short but specific
  
  
• Focus on patterns, escalation, and fear
  
  
• Avoid long digressions or unrelated relationship history

Think: Clear, concise, and connected to safety.

In a Washington DVPO case, evidence doesn’t need to be perfect, but credibility and specificity are important. Whether you have photos, texts, police reports, or simply your own detailed statement, presenting it thoughtfully can make the difference in securing the protection you need. The laws related to Protection Orders can be confusing. Speaking with an attorney to better understand those laws and how they related to your case can be very important. Call today 425-800-0576for a free case telephone case evaluation at Magnuson Lowell, PS.

As technology becomes a larger part of everyday life, Washington courts increasingly recognize virtual visitation as a meaningful way for parents to stay connected with their children. While virtual contact is not a substitute for in-person time, it can be an important supplement, especially in long-distance parenting plans, high-conflict cases, or situations where a child needs more frequent reassurance and communication.

If you’re navigating a Washington divorce or custody matter, here’s what you need to know about how virtual visitation works, when courts order it, and how to make it successful.

What Is Virtual Visitation?

Virtual visitation refers to parent–child contact through electronic methods, such as:

• Video calls (FaceTime, Zoom, Google Meet, etc.)
  
  
• Phone calls
  
  
• Text messaging
  
  
• Email
  
  
• Messaging apps
  
  
• Shared apps for reading books or playing games together

Courts treat this as supplemental contact, not a replacement for physical parenting time.

When Washington Courts Order Virtual Visitation

A judge may include virtual visitation in a parenting plan in several situations:

1. Long-distance Parenting
   When one parent relocates for work or family reasons, virtual visitation ensures children maintain consistent contact.
   
   
2. High-conflict or supervised-parenting scenarios
   For parents working to rebuild trust or connection, shorter but frequent virtual check-ins may support progress.
   
   
3. Child-specific needs
   A child experiencing anxiety, transition issues, or attachment concerns may benefit from more frequent communication.
   
   
4. Temporary constraints
   Situations such as illness, travel, or work schedules may disrupt normal visits—virtual visitation keeps the connection intact.

How Virtual Visitation Is Addressed in a Washington Parenting Plan

Although virtual visitation is not explicitly required by statute, Washington courts routinely incorporate it into the “Other Provisions” section of a parenting plan.

A typical virtual visitation clause may include:

• Frequency (e.g., “three times per week” or “daily goodnight call”)
  
  
• Duration of calls
  
  
• Whether video is required
  
  
• Notice requirements
  
  
• Technology expectations
  
  
• Provisions about privacy and not interfering with calls
  
  
• Guidelines for keeping communication age-appropriate and child-centered

Courts prefer clear terms to avoid conflict, especially in strained co-parenting relationships.

Do Courts Enforce Virtual Visitation?

Yes, but only if it is included in the parenting plan.

A parent who blocks, interferes with, or fails to facilitate required virtual visitation may be found in contempt of court. This can result in:

• Makeup contact
  
  
• Monetary penalties
  
  
• Attorney’s fees
  
  
• Modifications to the parenting plan

However, courts also recognize legitimate issues such as technical problems or a child’s brief unavailability. Patterns of obstruction, not one-off glitches, are more likely to trigger court action.

Best Practices to Make Virtual Visitation Successful

1. Keep Technology Consistent
   Agree ahead of time on apps, devices, and logins so calls aren’t delayed or turned into disputes.
   
   
2. Create a Good Environment for the Call
   Parents should make reasonable efforts to ensure:
   • A quiet space
     
     
   • The child isn’t distracted by TV or friends
     
     
   • Devices are charged and ready
     
     
3. Support the Child’s Relationship with the Other Parent
   Washington law strongly emphasizes facilitating a healthy bond with both parents. This means:
   • Be positive and encouraging about the call
     
     
   • Avoid listening in
     
     
   • Do not coach, interrupt, or monitor unless required for safety
     
     
   • Don’t schedule activities to conflict with call times
     
     
4. Keep Calls Age-Appropriate
   Younger children may need shorter, more interactive calls. Older kids may prefer texting or flexible communication.
   
   
5. Use Shared Activities to Keep Kids Engaged
   Examples:
   • Reading bedtime stories
     
     
   • Virtual homework help
     
     
   • Online games
     
     
   • Watching the same show or movie
     
     
   • Drawing or crafting “together”

Connection is built through interaction, not just talking.

When Virtual Visitation Becomes a Problem

Some challenges can arise:

• One parent tries to use the call to interrogate the child
  
  
• Calls become inconsistent or chaotic due to schedules
  
  
• A parent pressures the child to “perform”
  
  
• The child loses interest as they get older

Courts expect parents to problem-solve first, but if issues continue, a modification may be necessary.

Virtual visitation is not a substitute for meaningful, in-person parenting time, but it can be a powerful addition, helping children feel connected, supported, and loved by both parents. When handled well, it strengthens parent-child relationships and smooths transitions in even the most difficult custody cases.

If you're working on a parenting plan or struggling with virtual visitation issues, consider speaking with a Washington family law attorney to ensure your rights and your child’s needs are protected.

Call us today 425-800-0573 for a free telephone case evaluation to discuss your options and develop a plan tailored to your family’s needs.