When Divorce Becomes a Battleground — And Your Freedom Is at Stake
Divorce and child custody proceedings are among the most emotionally charged legal matters a person can face. Unfortunately, they are also among the most strategically manipulated. Over the years, a troubling pattern has emerged in family courts across Hawaiʻi and the nation: one party abuses the criminal justice system and child protective services — not to seek justice or protect a vulnerable person, but to gain leverage in a divorce or custody dispute.
False allegations of domestic violence, child abuse, or sexual misconduct are powerful weapons in a family court proceeding. A single police report or TRO can tip the scales dramatically — stripping a parent of custody, forcing them out of the family home, and tainting the judge’s perception before a single piece of evidence is presented. If you are facing this situation, you need an attorney who understands both sides of the courtroom.
A Unique Perspective: Former Prosecutor, Criminal Defense Attorney, and Family Court Advocate
Attorney Brandon Segal brings a rare combination of experience to family law matters involving false allegations and criminal crossover. As a former prosecutor, he understands exactly how allegations are built, how they are presented to police and courts, and what investigators look for when deciding whether to pursue charges. As a criminal defense attorney, he has spent years defending clients against those same tactics — including in cases where the allegations arose directly from a heated divorce or custody dispute.
This dual perspective is invaluable when your family law case intersects with the criminal justice system and child protective services. Brandon Segal knows how to:
- Identify when an allegation has been manufactured or exaggerated to gain a strategic advantage in family court
- Coordinate your criminal defense and family court strategy so that the two proceedings reinforce — rather than undermine — each other
- Challenge the credibility of accusations that conveniently appear at the outset of a divorce or custody battle
- Expose the timeline of allegations and demonstrate when they are motivated by financial gain, child custody, or spite rather than genuine fear or concern
- Defend against TROs, restraining orders, and protective orders that are sought as tactical maneuvers rather than legitimate safety measures
How the Family Court Process Is Commonly Abused
Experienced family law practitioners and judges know that false and exaggerated allegations spike sharply at the time of separation and divorce filings. The tools most frequently weaponized include:
Temporary Restraining Orders (TROs)
In Hawaiʻi, a TRO can be obtained on an ex parte basis — meaning the accused is not present and has no opportunity to respond before the order is issued. A TRO can immediately remove a parent from the family home, restrict access to children, and create a presumption of dangerousness that follows the accused throughout the divorce proceeding. When sought in bad faith, a TRO is one of the most effective first-strike weapons in a contested divorce.
Domestic Violence Allegations
A domestic violence accusation — even one that never results in criminal charges — can devastate a parent’s position in a custody case. Courts are required to consider domestic violence findings when determining custody and visitation. A false or inflated allegation made at the start of a divorce can permanently alter the custody outcome even if the criminal case is dismissed or never filed.
Child Abuse and Child Protective Services (CPS) Reports
CPS reports filed by a divorcing spouse are another common tactic. Even an unsubstantiated report triggers an investigation that can last months, create records that follow the accused, and be used as evidence of “concerning behavior” in family court proceedings. The bar to file such a report is low — and the consequences to the accused can be severe.
Sex Crime Allegations
False allegations of sexual misconduct against a spouse or partner — or manufactured claims regarding a child — represent the most devastating form of family court abuse. These allegations can result in immediate arrest, pretrial detention, and the complete destruction of a parent’s relationship with their children, all before any evidence is tested at trial.
Why You Cannot Afford to Treat These As Separate Problems
Many people in this situation make a critical mistake: they hire a family law attorney to handle the divorce and a separate criminal defense attorney to handle the criminal charges — and the two lawyers never talk to each other. This is dangerous. Statements made in family court can be used against you in criminal proceedings. Positions taken in your divorce can create inconsistencies that a prosecutor will exploit. Custody agreements signed under pressure can have consequences that extend far beyond the divorce itself.
Attorney Brandon Segal handles both dimensions of your case with a unified strategy. When your divorce and your criminal defense are handled by the same experienced attorney, you eliminate the risk of conflicting legal positions and ensure that every move made in one proceeding is made with full awareness of its impact on the other.
If You Are Being Falsely Accused, Time Is Critical
False allegations tend to compound quickly. A police report becomes an arrest. An arrest becomes a criminal charge. A criminal charge becomes exhibit A in a custody hearing. The sooner you retain experienced counsel, the sooner the narrative can be challenged and the evidence preserved.
At Segal Law, we take these cases seriously because we have seen firsthand how devastatingly effective false allegations can be, and how they can be dismantled when approached with the right legal strategy.
If you believe you are the target of false allegations connected to a divorce or custody dispute, do not wait. Contact Segal Law immediately.
- Do not make statements to police without an attorney present.
- Do not admit to or sign any agreements or stipulations in your family court matter without understanding their criminal implications.
- Do not assume the allegations will go away on their own.
Serving Clients Throughout Hawaiʻi
Segal Law is based in Wailuku, Maui, and represents clients in family law and criminal defense matters throughout the entire State of Hawaiʻi — including Maui, Oʻahu, the Big Island, Kauaʻi, Molokaʻi, and Lanaʻi.
Contact Segal Law Today for a Confidential Consultation
Your family, your freedom, and your future are too important to leave to chance. If you are facing a divorce or custody dispute that involves criminal or child protective-related allegations — or if you suspect false allegations may be coming — contact Segal Law now.
Phone: (808) 865-2100
Email: info@segallawhawaii.com
Office: 2241 W. Vineyard St., Wailuku HI 96793 (by appointment only)
You can also reach us through our confidential online contact form here. All communications are confidential.