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False Allegations of Domestic Violence

Have you been falsely accused of domestic violence? Were you served with a restraining order informing you to keep your distance from the alleged victim? Have you been forced to leave your home and are now forbidden from seeing your children?

What Classifies Domestic Violence?

Domestic violence refers to any behavior aimed at gaining power and control over a spouse, former spouse, partner False domestic violence claimin a dating relationship, current or former cohabitant, or other intimate family members. Behaviors that encompass domestic violence may include physical violence, sexual violence, threats, stalking, and emotional or psychological abuse.

The laws that govern domestic violence are meant to protect victims but the burden of proof is so low that the word of the accuser is immediately believed without letting the accused tell his or her side of the story. If the police are called to check on a domestic disturbance, the accused will almost certainly be arrested on the spot regardless of whether or not a physical altercation actually took place.

The Accuser’s Motivation and What’s At Stake

While many domestic violence cases are valid, there are frequent occurrences of accusers who manipulate the law to exact revenge or seek attention or gain the upper hand in a divorce or custody proceeding. There’s nothing more devastating than being accused of a crime you didn’t commit. Domestic violence charges are serious and can destroy every aspect of your life. You could face jail time, heavy fines, court-mandated anger management classes, community service and more.

If you are going through a divorce, you may have to forfeit marital assets you are entitled to or pay more alimony than was originally agreed upon. If you are involved in a custody battle, your parental rights could be at risk and you could lose custody or have restrictions placed on visitation, or be ordered to pay more in child support. A criminal record will follow you wherever you go. Anytime a background check is performed — whether it be for a job, housing, or financial aid, your “history” with domestic violence will raise eyebrows.

How To Protect Your Rights

To fight the charges against you, you need a family lawyer in your corner who handles domestic violence cases. Your reputation, freedom, career, and parental rights could all be at stake. An attorney will be a passionate advocate on your behalf to help clear your name and keep your record clean.

In the meantime, there are actions you can take to protect your rights and strengthen your case.

  • Remain calm – it’s important to keep your emotions in check. Do not react in anger or aggression, even if it’s subtle.
  • Do not speak with law enforcement without having an attorney present. Anything you say may be used against you.
  • Avoid contact with the accuser – violating a restraining order can land you in hot water and make your situation much, much worse.
  • Gather evidence – assemble texts, emails, voicemails, video or audio recordings — basically anything you can find to help support your case or to show that the accuser threatened to file charges to gain advantage or has some other motive
  • Find witnesses to the alleged events who will testify that they never happened or that the accounts given by the accuser are far overblown. It’s important to find people who can corroborate your side of the story or who can at least testify to your character.
  • Change login information to your phone, email, financial and social media accounts. The accuser may try to hack into your accounts in order to compose texts, emails or other documentation to incriminate or “frame” you.
  • Keep family members informed and prepared for accusations

Defending Against False Allegations of Domestic Violence

An experienced domestic violence lawyer will know how to identify an accuser’s motivations and pinpoint inconsistencies in the accuser’s story and expose them in court.

Get Help With You False Domestic Violence Accusation Case Today

An attorney will skillfully cross-examine the accuser, attack their credibility, and present compelling evidence that creates reasonable doubt. Any other evidence of innocence, such as an alibi can be used to achieve a favorable outcome. Call today: tel:844-777-8333

 

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Be Prepared

In the event that you choose to file for divorce, having all of the relevant information including an inventory of your assets and debts can be beneficial. Find out what you need to know and more about filing.

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