Society and the courts view domestic violence as one of the most serious crimes a person can commit. If accused of domestic violence, it is recommended that you speak with a skilled and experienced criminal attorney immediately.
Regardless if you are guilty or otherwise, even mere domestic violence allegations can have an adverse effect on both your life and future. While millions of individuals are abused by their significant others every year, it is sad to note that some people use false claims of emotional and physical abuse so they can:
- Win a custody battle
- Get even with a spouse who wants divorce
- Get their spouses out of their lives
- Gain possession of the alleged partner’s property
Domestic Violence in a Nutshell
There is a common misconception that domestic violence refers to physical action against a spouse, girlfriend, or boyfriend alone. It also does not follow that the parties involved are involved in a romantic relationship to be guilty of a domestic violence offense.
Case in point: under California law, domestic violence is defined as “Abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”
Domestic violence can also extend to those living under the same roof or related by marriage or blood. Domestic violence also includes physical action and threats of physical action, regardless of whether they are carried out or not. Domestic violence can also include:
- Mental and psychological abuse
- Sexual abuse
- Destruction of personal property
- Throwing things toward the victim
Whether charged as a felony or misdemeanor will depend on a few factors like the individual’s age, the allegations, and if there are weapons involved.
False Domestic Violence Accusations: Here’s What You Should Do
When falsely accused of domestic violence, there are certain things you can do to ensure your freedom is secured and your rights are protected.
Get lawyer representation
As soon as you are falsely accused of domestic violence, your first course of action should be to seek attorney representation. Your lawyer will prove to the court that you are merely a victim of a malicious plot for revenge.
It is also likely that your spouse or partner is angry because you’ve wronged them by having an affair. It will be up to you and your lawyer to prove that there is no truth to the allegations, and the accuser just wanted revenge.
Ensure that you do not breach any restraining orders against you
Make sure you do not breach the terms and conditions of any restraining order filed against you. The accuser can try to put you in a situation where you breach the restraining order so you’ll face additional legal consequences.
Play it safe by not meeting the accuser or anyone else named in the order while the case is ongoing. It would also be wise to keep a record of their requests to meet so you can show the court that the other party does not see you as a threat.
Stick to your defense
Stick to the truth and don’t change your story or give a lot of contradicting accounts. If you are innocent, stand by your claims and follow the advice of your lawyer at all times. Also, it would be a good idea to show that you are a good parent.
In some cases, false accusations can result in the loss of your rights to see your kids. Ask your lawyer what you can do to ensure you do not lose your parental rights.
Keep in mind who is in the wrong.
Remember that you are on the right, and your accuser is the one violating the law. Focus on proving that you are innocent. Once you have established your innocence, the other party will be facing perjury charges.
When falsely accused of domestic violence, ensure you hire a seasoned and competent lawyer. Stick to your defense, focus on proving your innocence, and allow the legal system to do its job.