By Josh Hamilton on
Domestic violence laws are to protect families and individuals from abuse in intimate or familial relationships. While it offers much-needed protection for victims, some individuals commit false allegations in domestic violence cases. We encourage you not to take false allegations lightly and to take action as soon as possible. If you are a victim of false allegations in a domestic violence case, you should contact us at the Law Office of Hernandez | Hamilton | Lamoureux to schedule a free consultation with a criminal defense attorney.
What Are Common Motives for False Allegations?
If you are falsely accused of domestic violence, you may be wondering why these allegations have been levied against you. Only the accuser knows their motives for the false allegations. However, there are some common reasons. False domestic violence allegations could be a result of jealousy, revenge, trying to gain a financial advantage, or issues related to divorce or custody battles.
In some cases, false allegations are used to provide an alibi or win sympathy. If the investigators are tricked or manipulated into believing the accuser, they could suffer from confirmation bias, which means they could only seek evidence that supports the allegation. This is why you need to strongly respond to false allegations. Convictions based solely on believing the accuser without any corroborative evidence are unjust. You should seek the services of an experienced attorney to fight any false accusations.
It is also worth keeping in mind that the accuser can level false allegations against you for different types of domestic violence. This includes emotional and financial abuse where they could allege that you were unfairly controlling their economic resources or freedom to exert power over them. Domestic violence can also include harassment, unwanted sexual or physical contact, disorderly conduct, assault, and battery.
Consequences of a Domestic Violence Conviction
Even if you did not commit domestic violence, you still need to address the allegations because you can face serious consequences if you are convicted. The penalties for a domestic violence conviction depend on the degree of violence and aggravating factors. The penalties can include fines, jail time, and probation. Aggravating factors make the crime more serious. For example, if you use a weapon against the accuser to commit domestic violence in the presence of children, it could result in stricter penalties.
If the domestic violence crime is considered a sexual offense, the perpetrator may be required to register as a sex offender. Apart from the legal consequences, the perpetrator could also have a criminal record that could harm their future employment and housing prospects. It can also damage their reputation and relationships.
Legal Defenses Against False Accusations Of Domestic Violence
There are several defenses that you can use against false accusations of domestic violence. However, the legal strategy you use depends on your case. For example, if domestic violence occurs when you are trying to defend yourself or others from harm, you can use self-defense as a domestic violence defense.
You can also challenge the evidence presented by the accuser. If you are successful in proving that the evidence is not reliable or admissible, you could gain a significant advantage in the case. The most effective evidence in domestic violence cases includes eyewitness testimony, medical records, phone and text message records, character witness statements, and security camera footage. If you have a strong alibi, such as evidence that can prove you were not present when the crime occurred, that could strengthen your case.
While there are multiple legal strategies you can use, you need to carefully plan how you want to tackle the charges. This is why it is useful to get an attorney involved in the process as early as possible. They can assess your case and guide you on the best legal defense for the false domestic violence accusations.
Steps to Take If You Are Falsely Accused of Domestic Violence
When an individual gets falsely accused of a crime, it is natural for them to feel angry, but you need to control your emotions and try to keep calm. Anything you do or say in anger can jeopardize your case.
Your first action on domestic violence charges should be to minimize or avoid interaction with the accuser. Any interaction can be manipulated by the accuser as another incident of domestic violence. In some cases, such as when the accuser shares the same household, it might be challenging to completely avoid interacting with them. However, try your best to minimize any kind of confrontation with them. If the court has issued a no-contact or restraining order, you must take all reasonable steps to abide by the order.
If you share social media or email accounts, you should consider changing the login credentials because they could use your accounts to fabricate evidence against you.
Your next step should be to hire a criminal defense attorney to guide you through the legal proceedings when responding to the charges. You should work with an attorney to gather evidence for your case.
Hire a Criminal Defense Attorney to Fight Against False Claims
False domestic violence charges are a reality. Unfortunately, a false accusation can have a long-lasting impact that goes beyond the legal consequences. To minimize the impact of false allegations, you need to act quickly and decisively. This will allow you to control and minimize the damage to your reputation and relationships. Dealing with the case promptly will also help minimize disruption to your life.
If you have been charged wrongfully, you need to take action to defend your rights. We welcome you to get in touch with our domestic violence attorney at the Law Office of Hernandez | Hamilton | Lamoureux. The attorneys at our criminal defense law firm are experienced in the criminal justice system for all types of domestic violence cases, including those that involve false allegations of domestic abuse. After assessing your case, they can guide you on the steps you must take to defend against the charges.
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