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Recurring False Domestic Violence Charges? What Are Your Options?

No one can dispute that domestic violence is a serious crime. Unfortunately, there are plenty of occasions where someone is wrongly accused of domestic violence. Many spouses will resort to false claims of emotional and physical abuse to:

  • Win custody battles
  • Remove their significant other from their lives
  • Get even with a spouse who wants a divorce
  • Gain possession of their domestic partner's property

What are the consequences of being falsely accused?

In most cases, district attorneys and police officers will take the word of the abused party as truth. Since time immemorial, domestic violence has been frowned upon, mainly when perpetrated by a man against a woman or children.

Typically, domestic violence is viewed by people with so much passion that it is rare to see people consider if the accused party might be innocent. Once charged, it would be challenging for the accused to convince others they are innocent.

This is where the expertise and help of a seasoned assault lawyer can come in handy. While unfortunate to note, the concept of "innocent until proven guilty" is often not afforded to individuals accused of domestic violence.

Some of the dire consequences of being falsely accused of domestic violence include:

  • Losing your job
  • A criminal record that might hinder gainful employment
  • Losing visitation rights with your children
  • Jail time
  • Negative impact on your reputation

What are some of the early flags you should look out for?

Individuals who accuse others of crimes they did not commit are typically vindictive or emotionally unstable. If your significant other has a record of dangerous behaviors like aggressive and constant demands for attention, emotional outbursts, and lashing out when things don't go their way, consult with an attorney right away.

Your attorney will be able to provide advice on how you can best deal with the situation. If you feel that your partner's behavior can land you in jail, you can limit their chances of sabotaging you by keeping in mind the following:

  • Confide in relatives or close friends
  • Keep your login information private at all times
  • Gather evidence

What are your options?

When falsely accused of domestic violence, it is reassuring to know you have several options available at your disposal to secure your freedom and protect your rights.

Get good attorney representation

One of your first priorities after being accused should be to seek attorney representation. Your attorney will prove to the court that you are a victim of a bitter plot for revenge.

Case in point: your significant other might be angry at you for a wrong you did like having an affair. It will be up to you to provide all the needed information that clearly shows the accuser is telling a false narrative.

Be cautious about breaching any restraining order against you

If there is a restraining order issued against you, ensure you do not breach any of its terms or conditions. The accuser might attempt to get you to violate the restraining order so you can face additional legal consequences.

Avoid meeting the accuser or anyone else named in the restraining order (including children). However, please keep a record of their requests to meet so you can show the court the accuser does not see you as a threat.

Stick to your defense

Refrain from changing your story or giving too many contradicting accounts of what happened. If you have claimed innocence from the beginning, stand by your claims. Also, always follow the advice provided by your lawyer.

Remain focused

Stay calm during the court proceedings. The prosecution might try to bait you into having an outburst. Do not fall for this trap and ensure you maintain your cool at all times. Otherwise, the court might find it hard to believe that you are indeed innocent.

Remember who is on the wrong

Give your focus and energy to proving your innocence. In addition, make sure you work with a seasoned lawyer and allow the legal system to carry out its job.

Final Thoughts

False accusations of domestic violence will not only affect your future and reputation, it might also take away your freedom. Don't let that happen to you. When charged with a domestic violence crime, know that you have a right to legal counsel, and you should exercise that right as soon as possible.

Source:

Arizona Criminal Law Team
AVVO SuperLawyers BBB Thervo 2017 Martindale Hubbel City Voter List Criminal Defense Blog
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