False allegations of domestic violence can affect every part of a person’s life. As you may be currently experiencing, being falsely accused of domestic violence immediately changes your life for the worse in a number of different ways. Depending on any given individual’s personal circumstances, a domestic violence defendant can watch their job security crumble and relationships that they held dear vanish at a moment’s notice.
Why False Domestic Violence Accusations Are So Damaging
The general population’s view of those charged with domestic abuse against a girlfriend, spouse, child, or anyone else can be a destructive force and a violation of one’s rights when the person charged with domestic violence is not guilty of their alleged crimes.
Unfortunately, even proof of innocence can fail to repair one’s life and reputation once a person has been accused of these types of crimes.
When faced with false domestic violence charges it can feel overwhelming. Having assisted individuals facing false accusations of domestic violence for several years, I have personally experienced several incidences where my clients were charged with domestic violence crimes for which I knew they were not guilty.
In the majority of these cases, my clients are victims themselves. Victims of revenge plots thrown together by someone that they previously held dear, and in some cases, still do.
Before providing my hints, tips, and available actions that defendants may be able to use to their advantage, I would be doing a disservice if I failed to stress how important a case evaluation by an experienced legal professional can be for anyone trying to find out what to do when falsely accused of domestic violence.
Those looking to get their domestic violence charges dismissed would be well advised to first speak with an attorney. The last thing a victim wants is to be jailed for domestic violence. That said, there are several things for which someone who has been falsely accused of domestic violence can do to help ensure their rights are protected and freedoms secured.False accusation claims are fairly common and the situations can be complicated. Everything can be made much simpler with the advice of a skilled domestic violence attorney. Laws in different states will vary widely, but the following concepts can be used to help you and yours who are faced with false domestic violence allegations.
How to Defend Yourself Against False Allegations
What many do not realize until it is too late is that a lot of the damage that can be done by a false domestic violence accusation comes before charges are officially filed. The type of person that accuses another innocent person of committing violent acts against them is one that is regularly emotionally unstable. Emotionally unstable people tend to act out and commit irrational behaviors, such as falsely accusing you of attacking them. False accusations of domestic violence law are very serious.
If your relationship begins to turn sour and your accuser begins to act in a way that leads you to believe that they will file false domestic abuse charges against you, there are some actions you can take to help limit other dangerous actions they can take to sabotage you.
- Consult with a domestic violence defense attorney. Find someone in your area that provides free consultations and call to take advantage. Even if you are not planning to hire, the attorney can give you priceless information to help you better understand what your options are.
- Protect your valuables. Do not just hope that they “would never do that.” In my experience, those who have false accusations brought against them for committing domestic violence rarely expect their accuser to actually go through with pressing charges, but they do. If your accuser steals your driver’s license, birth certificate, car titles, or money from you and then files charges against you, you may spend all of your time trying to get your stuff back rather than taking care of what needs to be done to ensure your freedom. A grave mistake that could cost you more than you thought possible.
- Notify family members about your concerns. Unfortunately, family members may turn against you after news surfaces that you have been charged with committing domestic violence. If your accuser claims that you hurt them and/or your children, your closest family members may mistakenly ban you from their lives. If you keep them informed of your accuser’s erratic and troublesome behaviors, as well as your fears of what they may do, you may be able to prepare your family for the allegations and have them be more inclined to believe your side of the story.
- Change all of your login information. Bank accounts, computers, laptops, vehicle entrance, hard drives, cell phones, and anything else you can think of that requires your password should be changed as soon as possible. There have been instances in which accusers send messages from the defendant’s cell phone and then later accuses them of sending threatening messages. Don’t let this or anything similar happen to you by securing anything and everything that you can.
- If you are the abused, gather evidence. There are instances where the person who is accused of committing domestic abuse is actually the victim of physical and emotional abuse. If this is the case, gather as much evidence as you can without putting yourself in danger. If you feel that you are in any danger or are a victim of abuse now, contact your local abuse services to get immediate help.
Exposing False Allegations
Every accuser who pretends to be a victim has a motive for doing so. Sometimes the accuser has mental health issues. Sometimes the accuser enjoys the attention and sympathy that victims receive.
Sometimes the accuser is seeking vengeance. If the accuser believes the accused had an affair, making a false accusation may be a way to get even. Sometimes the accused just wants to get the accuser out of the family home.
Sometimes the accuser wants to gain an advantage in legal proceedings. Child custody fights and other family law battles may be decided in the accuser’s favor if a court believes that domestic violence occurred.
Identifying the reason for the false accusation is the key to defeating a domestic violence prosecution. Knowing why the accuser is telling a lie makes it possible to expose the lie.
The Legal Process
After your arrest, the charges will be examined and a determination made whether there is enough evidence to move forward with the case. Contrary to what you may have been told, the accuser cannot just simply recant and have those charges dropped. Once the arrest has been made, the California court system has a duty to follow up on them. You will typically spend 48 hours or less in jail until being released or a bail amount is set. This is the time when you need to be making arrangements to hire an attorney. Asserting your innocence from the very beginning will help to solidify your case.
Your first opportunity to do this will be at the arraignment hearing. This is where you will plead not guilty to the charges and preliminary evidence is presented.
This is also the time when the accuser may ask for a CPO. With your lawyer present, you have the opportunity to ask for your own if the circumstances warrant. If the case proceeds you will eventually be called for a pre-trial hearing. Again you will be asked how you are pleading to the charges to which you will answer not guilty. If the prosecution still wishes to proceed, then the judge will set a date for a criminal trial.
An aggressive attorney will try not to allow the case to proceed that far if possible. Instead, they will work to provide the evidence needed to compel the prosecutor to drop the charges. In some cases, the prosecutor may even charge your accuser with filing a false police report.
These are not the type of false charges one would normally benefit from accepting a plea deal. This will affect your standing in the community and could negatively impact your visitation and custody rights with your own children. Don’t let that happen to you. Get in touch with a lawyer as fast as possible to start making your case of innocence.
Need Help? Get Your Questions Answered With A Free Consultation
A seasoned domestic violence defense lawyer will expose lies by cross-examining the accuser, attacking the accuser’s credibility, and by presenting evidence of the accuser’s motive to lie. Any other evidence of innocence, such as an alibi, adds additional layers of reasonable doubt to the defense.
Exposing false allegations and revealing reasonable doubt lead to not guilty verdicts and dismissals of charges. Having an experienced domestic violence defense attorney makes all the difference when an accused is facing an accusation of domestic violence in Southern California.
Need legal representation to defend false accusations? Call to obtain a free consultation 24/7.