How do I fight false forgery claims from my estranged husband over a car sale he approved in jail?

Dear Madam,

The incident claimed by your ex-husband can be refuted using all available methods of proof, including witness testimony and circumstantial evidence that disprove this accusation.

You may contact us and provide all relevant documents and the case number, if available, so we can review the details and fully understand the matter.

We will take all necessary actions to present a suitable and substantive defense based on the circumstances of the accusation.

WhatsApp number: [----------].

Dear Questioner,

We understand your concerns. Collect any evidence that supports your claims, such as:

- The original Power of Attorney (POA) document, even if it's not notarized.

- Communication records (text messages, emails, etc.) with your husband regarding the car sale.

- Witness statements from friends or family who may have knowledge of the situation.

- Medical records documenting any physical injuries caused by your husband.

We have to defend this false criminal complaint and try to convince the authority to remove all the false allegations.

We will let you know the procedures in detail.

Kindly share your WhatsApp number to discuss this further.

Hello,

If your husband is filing a false criminal complaint against you out of revenge, this could be considered defamation.

If you can prove that his accusations are baseless and made maliciously, there may be grounds for legal action against him for damaging your reputation or subjecting you to unnecessary legal proceedings.

If you can show that your husband had agreed to the sale, signed the POA willingly, and even gave verbal consent for you to proceed, it will be difficult for him to prove you had the intent to deceive.

For a detailed discussion, kindly share your WhatsApp number.

To address false charges of forgery, gather all relevant documents related to the car sale and power of attorney, and consult an attorney specializing in criminal defense and family law.

Identify supportive witnesses and work with your lawyer to develop a defense strategy based on your legitimate authority under the POA.

If necessary, discuss filing counterclaims for domestic violence and maintain professionalism during legal proceedings.

Consider mediation if children are involved, prepare thoroughly for court with your attorney, seek mental health support to cope with stress, and stay informed about your rights regarding power of attorney and forgery laws.

Following these steps will help you navigate the situation and protect yourself legally and emotionally.

Thank you for sharing the details of your situation!

I’m sorry to hear about the difficulties you’re facing. Dealing with false accusations, especially in a sensitive case involving personal history and allegations of abuse, can be overwhelming.

Here's an outline of the steps we can take to address your situation:

- Defending Against the Forgery Charges:

Since you have witnesses and evidence of the verbal agreement and the circumstances of the car sale, we can use this to build your defense.

Documents such as the draft POA, correspondence, or messages between you and your husband regarding the sale will strengthen your case.

- Protecting Yourself from Threats and Abuse:

If there are threats or a history of physical abuse, you may consider filing a criminal complaint or seeking a protection order against your husband to ensure your safety and that of your family.

- Addressing the False Complaint:

A detailed legal response can demonstrate to the authorities that this accusation is baseless and intended to cause harm. We can prepare a strong defense to clear your name and hold him accountable for filing a malicious complaint.

I recommend we discuss the specifics of your case in detail so that I can advise you on the best strategy and next steps.

Please feel free to reach out to me via WhatsApp or phone at [--------] so we can schedule a consultation.

Looking forward to assisting you in resolving this matter effectively.

Best regards,

Suhail Rana

Based on UAE law, here’s a detailed explanation of how to address the false criminal complaint filed against you and defend yourself effectively:

1. Understanding the Allegations

Your husband’s accusations center around forgery, a serious offense under Federal Decree-Law No. 31 of 2021 (UAE Penal Code). Forgery involves altering or fabricating a document with the intent to deceive or cause harm.

- Key Points for Defense:

The sale of the car was agreed upon verbally, and the transaction was based on mutual trust with the buyer, who is a family friend.

The Power of Attorney (POA) was never finalized or notarized, which negates the claim of forged documentation.

You acted in good faith and with his verbal authorization while he was in jail.

2. Defense Strategy

Step 1: Gather Evidence of Good Faith

• Communication Records: Collect WhatsApp messages, emails, or any other form of communication where your husband verbally authorized the car sale or discussed the matter.
• Include any conversations showing his agreement to sell the car while in jail.

- Witness Testimony:

• The buyer, who is a family friend, can provide testimony affirming that the sale was conducted with your husband’s consent.
• Jail officials or anyone present during his agreement to sell the car may also serve as witnesses.

- POA Details:

Emphasize that the POA was drafted but never notarized or finalized, which invalidates the claim of forgery.

Provide evidence that you attempted to follow legal procedures by seeking notarization, but the jail's procedural requirements delayed the process.

Step 2: Counter the Accusation of Forgery

Under UAE law, forgery requires proof of:

- Alteration or fabrication of a document.

- Intent to deceive or cause harm.

Your defense can highlight:

- The absence of any forged document or notarized POA.

- The lack of fraudulent intent, as the sale was conducted based on verbal agreement and trust.

The car’s damaged condition (flat tires, dead engine) and its lack of significant value, further disproving any intent to profit deceptively.

Step 3: File a Counter Complaint

If his accusations are proven false, you can file a counter complaint for malicious prosecution and defamation under UAE law:

- Defamation (Article 425 of the UAE Penal Code): Accusing someone falsely of a crime is a punishable offense.

- Malicious Prosecution: Filing a baseless complaint with the intent to harm can result in penalties for the accuser.

3. Addressing the History of Abuse

Your husband’s history of physical abuse and threats of violence can be documented and used to show his motive for filing false charges:

- File a Complaint for Domestic Abuse:

- Report his history of physical violence and threats to the Dubai Police or Family Protection Unit.

- Provide medical reports, photos, or witness statements (if any) to support your claim.

- Seek a Restraining Order:

Under Federal Decree-Law No. 10 of 2019 on Protection Against Domestic Violence, you can request a court order preventing him from contacting or approaching you and your family.

4. Recommended Actions

- Immediate Steps:

• Hire a Criminal Defense Lawyer. Engage a legal expert to represent you in the criminal case and present the evidence supporting your innocence.
• File a Police Report for Abuse: Document his history of violence and threats to show his motive for filing false charges.

- Obtain Witness Statements:

Request written statements from the buyer and any witnesses who can corroborate that the sale was conducted with his verbal agreement.

- Communicate with Authorities:

Cooperate fully with the police and prosecution by providing all relevant documents and evidence.

5. Legal Outcomes You Can Expect

- Dismissal of Forgery Charges: If you can establish the lack of fraudulent intent and absence of a notarized or finalized POA, the case may be dismissed.

- Accountability for False Claims: If the court determines his accusations were malicious, he may face legal consequences, including fines or imprisonment.

- Legal Protection Against Abuse: Filing a complaint for domestic violence can result in a restraining order or criminal penalties for your husband.

6. Conclusion

You have strong legal grounds to defend yourself against the false forgery accusations, especially with evidence of verbal agreement, lack of finalized POA, and the history of abuse. By taking immediate legal action, you can protect yourself and seek justice.

If you require assistance with representation, filing a counter complaint, or navigating the legal process, I am here to help. Please let me know how you would like to proceed.

Best regards,

Omar Mosaad

Senior Legal Consultant

If you have a power of attorney from him to sell the car, then there is no wrongdoing on your part.