Defense Against False Accusations in Family Crisis

Facing separation or divorce is already an emotionally complex journey, but the situation can become critical when one party uses the criminal justice system as a tool for pressure. Unfortunately, it is not uncommon for instrumental, unfounded complaints to be filed during bitter family disputes, solely for the purpose of gaining advantages in civil proceedings, perhaps concerning child custody or the assignment of the marital home. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands the stress and sense of injustice that arise from being unjustly accused of crimes never committed, such as mistreatment or stalking, by the very person with whom one has shared their life.

The Crime of Slander in the Context of Separation

In our legal system, slander is a serious crime provided for by Article 368 of the Criminal Code. It occurs when a person, through a report, complaint, request, or petition, accuses someone of a crime whom they know to be innocent, or simulates traces of a crime against them. It is crucial to distinguish between a report that is dismissed for lack of evidence and actual slander. For slander to be established, intent must be proven, meaning the accuser's awareness and will to blame a person whom they know to be uninvolved in the alleged facts. In the context of family crises, this line is thin but decisive: a report filed with full knowledge of its falsity transforms the victim into an injured party in a new criminal proceeding, legitimizing them to seek punishment for the perpetrator and compensation for damages.

The Defensive Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, a lawyer experienced in criminal law and family dynamics in Milan, is based on a rigorous technical analysis of documents and timelines. Defense against a false accusation requires a proactive strategy: we do not simply wait for the proceedings against our client to be dismissed, but we work to dismantle the accusations point by point, highlighting contradictions and gathering evidence that demonstrates the non-existence of the facts and, above all, the bad faith of the opposing party. At the office located at via Alberto da Giussano 26, each case is handled with the utmost confidentiality and attention, coordinating the criminal defense with the needs of the ongoing civil separation proceedings. The objective is twofold: to obtain acquittal or dismissal for the unjustly accused client and, subsequently, to act to re-establish the procedural truth, evaluating the opportunity to proceed with a counter-complaint for slander.

Frequently Asked Questions

What should I do if my ex-spouse falsely accuses me?

The first essential action is to remain calm and not react impulsively. It is crucial to immediately contact a lawyer experienced in criminal law to evaluate the content of the accusation. Do not try to contact the opposing party for clarification, as any communication could be used against you. Your lawyer will request access to the case files to understand the accusations and prepare an effective defense statement.

When is it possible to file a counter-complaint for slander?

It is possible to proceed with a slander complaint when there is certainty, supported by evidence, that the accuser was fully aware of the accused's innocence at the time of the report. It is not enough that the act was not proven; it must be demonstrated that the accusation was fabricated or based on clearly false facts with the intent to harm. Generally, one waits for the outcome of the main proceedings (such as a dismissal or acquittal) to act with greater force.

Do false accusations affect child custody?

Criminal complaints can initially influence the decisions of the civil judge, who may adopt precautionary measures to protect minors. However, if during the proceedings the instrumental and false nature of the accusations emerges, this will weigh heavily against the slandering parent. Courts view very negatively the behavior of those who use children or false criminal accusations as a weapon of blackmail, and this can lead to the loss of custody or a revision of visitation arrangements.

Can I claim damages for being slandered?

Absolutely yes. Anyone who is a victim of slander is entitled to compensation for all damages suffered, both material (legal expenses incurred for defense) and non-material (moral damages, stress-related biological damages, damage to reputation and image). The claim for damages can be made by constituting oneself as a civil party in the criminal proceedings against the slanderer or by initiating separate civil proceedings.

Request a Legal Consultation in Milan

If you are a victim of unjust and instrumental accusations in the context of a separation, it is crucial to act promptly to protect your freedom and reputation. Avv. Marco Bianucci is available to analyze your case with expertise and discretion. Contact the firm to schedule an appointment at the Milan office.