Handling a False Domestic Violence Accusation
A domestic violence accusation is no simple matter, especially when it’s false. This crime is unique because it occurs behind closed doors, away from law enforcement and the courtroom. Thus, when police officers come to your home after a domestic violence accusation, untrue or not, they will have access to limited evidence to justify your arrest. Your charge relies upon the sole opinion and finger-pointing of the accuser. It’s not fair. If you didn’t do the crime, you shouldn’t serve the time.
Thus, you must not only retain our proven attorneys to represent you, but you are also responsible for your actions and behaviors following your arrest. Remember, anything you do and say can be used against you, so we advise you to act accordingly.
Tips to Consider Following Your Domestic Violence Arrest
First and foremost, you should hire our domestic violence lawyers for a better chance of achieving a favorable outcome. We’ve represented thousands of clients in the past 35+ years and know what it takes to successfully overcome your false domestic violence charge.
However, you have some homework to do while we diligently handle your case:
Gather evidence: You must gather any proof that suggests your innocence. This includes: text conversations, call logs, photos, videos, social media posts, emails, documents or other valid proof that supports your case. Make copies of each piece of evidence just in case. When the court examines this proof, they may discover compelling evidence that proves your innocence.
For example, a judge may read a text message conversation and learn that your accuser threatened to claim domestic violence if you did something they didn’t like (such as going on a week-long vacation with some old college friends or coming home late from work too often). Or, a judge may discover that you recently lost your job and, as a result, expressed emotions that your accuser may have never witnessed before. As such, your accuser was frightened and felt like they were in imminent danger, even if that wasn’t the case.
Identify potential witnesses: Call your trusted friends and family to let them know that you’re facing a false domestic violence accusation. Don’t share too much information, otherwise it may be used against you. Simply explain that you are facing a false domestic violence accusation and describe what may have led to the charge. Tell your loved ones that whatever they might hear from your accuser is untrue and that you are dealing with the matter in court.
These people may end up giving witness testimonies in court, so choose wisely. Our domestic violence defense lawyers have seen the detrimental effects of poor witness testimonies, and strongly advise that you only explain the situation to people you trust. If they end up testifying on your behalf in court, you want to feel confident that their testimony will benefit rather than hurt you.
Comply with the restraining order: You accuser may likely file a restraining order against you, even though you didn’t commit domestic violence. Don’t freak out, though, because this is more common than you may think. From our experience, we’ve learned that accusers typically get restraining orders to further support their (false) accusations and enhance their argument that you are “dangerous.”
You must obey the terms of the restraining order, regardless of your innocence. By respectfully complying with your accuser’s restraining order, you are avoiding added problems and potential self-incrimination: If you attempt to violate such terms, you may go to jail.
Limit communication with your accuser: By refraining from communication with your accuser, you are lowering your chance of having your own words be used against you in court. At best, you should simply remain silent and not communicate with your accuser. But, if they try to contact you and you’re having difficulties avoiding them, remember to only engage politely and civilly with them.
Any tension or anger from you, however slight, may be exaggerated and ultimately used against you. As challenging as it may be to hold back your frustration from them in the moment, your self-control can greatly benefit your case in the long run.
Change your passwords: If someone has the nerve to falsely accuse you of domestic violence, then they surely have the nerve to log in to your accounts and post false information online that may lead to your incrimination, even though it wasn’t you.
Change all of your work, social media and personal account passwords to best prevent your accuser from getting access and having control. The last thing your case needs is for them to begin emailing colleagues or posting on social media that you committed domestic violence.
Reasons for False Domestic Violence Accusations
False domestic violence accusations typically result from an unhappy, vengeful spouse or partner who wants to get payback for something you did. Examples include:
- You’re filing for divorce or legal separation and they don’t agree
- You frequently come home late, so your partner suspects you of cheating
- You and your partner got in a heated argument and you punched a hole in the wall or slammed a door out of frustration
- You ask your partner to spend more time with you rather than their friends
- You ask to see who private messaged your partner on social media
You should not have to suffer fines, prison time and a criminal record because of a false domestic violence allegation. Count on The Clark Law Firm to utilize our comprehensive insight on both sides of the courtroom to your advantage. As we devise a tactful case in your defense, we strongly urge you to follow our tips to best prevent any further damage to your future.
Schedule your complimentary consultation with us online or by calling (817) 435-4970!