What Should You Do if You Have Been Wrongfully Accused of Domestic Violence?
Defend Yourself Against False Allegations of Domestic Violence
Domestic violence is a serious crime, but it is just as serious when someone makes a false accusation of domestic violence. Domestic violence is viewed by the public with so much vitriol; especially when against a woman or child by a man, that no one stops to think that the accusation may be false. This is why when you have been falsely accused of domestic violence you must defend yourself.
What is Domestic Violence?
The Department of Justice defines domestic violence as:
“A pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. It may be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship.”
Why People File False Reports of Domestic Violence
There are situations in which one party may falsely report domestic violence to quickly gain something out of the relationship. These reasons include, but are not limited to:
- To rid themselves of the significant other
- Win custody battles
- Gain possession of property
- Get even with a spouse who wants a divorce
- Ruin a partner’s reputation
What are Domestic Violence Penalties?
There has been a prolonged fight by women against domestic violence because it was not taken seriously for so long. When a complaint is filed by a woman, it is expected that the accuser is telling the truth and police officers and district attorney’s will take the word of the abused partner as truth. Most laws are biased against the dominant partner in the relationship. If you are found guilty of domestic violence it will result in a permanent criminal record, prevent you from seeing your children for weeks, months, or years, deprive you of your rights, and possibly serve jail time.
There are also penalties levied that are not legal in nature. It is hard for people close to the situation to believe that the accused is innocent. The accused may lose their job, lose visitation rights with their children, creation of a criminal record with long-lasting consequences, jail time, and other negative impacts on the accused’s reputation.
What happens to the False Accuser?
In most states, the police and district attorney’s are unlikely to file charges against the party making false accusations for fear that if women are prosecuted for making false allegations, it might discourage women from filing genuine cases.
How Should You Respond if You’re Charged with a Domestic Violence Offense?
- Speak to a lawyer immediately. It is your lawyer’s responsibility to prove to the court you are wrongly accused. They will help you understand your options with proper information and relying on their understanding of the law and how the criminal justice system works, their insights will give you the best chances of winning your case.
- Avoid talking to your accuser. Do not contact your accuser alone and then only when instructed, and in the presence of your lawyer. Anything you say or do, can and will be used against you. Abide by any restraining orders that have been placed upon you. Change all of your log-in and password information so that communication may not seem to be initiated by you.
- Gather proof to disprove the false claims of abuse. There is little tangible evidence in a legitimate domestic violence case so in a case of a false accusation evidence is either fictional or manufactured. You must provide the information that proves you were falsely accused. Your lawyer will help provide ideas as to what this might entail, but also be vigilant in compiling information as well. Gather evidence that includes communication where your accuser has threatened you, reports from mental health professionals about your state of mind, video surveillance footage, and alibi’s of when the abuse occurred.
When false accusations of domestic violence are reported, they denigrate the millions of men, women, and children who have suffered genuine abuse. Obtain proper legal guidance when you have been falsely accused of domestic violence. We can support you in fighting false allegations of domestic Violence. Murphy & Murphy understands the long-lasting consequences involved with these areas of the law, you can rest assured that we won’t ever treat you or your case lightly. We bring over 25 years of experience in practicing law when we come alongside you to present your case in a tough and aggressive way to help have your charges dropped, dismissed, or reduced. If you have any further questions, contact us by phone at 801-547-9274 or contact us online.