Domestic violence is a serious issue and should never be discounted as anything else. However, not all of these charges are valid and actually false domestic violence accusations can be quite common, particularly in certain situations. If you are facing false charges of this type of offense, it can be confusing and maddening. However, there is a way to deal with it and ensure that you are not wrongfully accused and prosecuted for a crime you didn’t commit.
What is Behind False Domestic Violence Charges?
The most common reason for a false domestic violence charge is a nasty divorce case. Some women feel that the court will take them more seriously and offer them higher amounts of alimony or award custody of the children if the partner has been charged with this crime. Unscrupulous divorce lawyers may even recommend this type of action to their clients to increase their chances of winning a divorce case and getting a higher settlement.
Other reasons behind this type of charge may result from an unbalanced person who you are either currently involved with, or someone who would like to be involved with you, in the case of a stalker. Unfortunately, domestic violence laws are often skewed in favor of the victim. This can be understood in the cases of actual violence, but when it comes to false accusations, this skewing can be quite harmful.
Dealing With the Aftermath
It is perfectly understandable to be upset under these circumstances, but you need to remain logical. Cut off all contact with the person who has claimed these charges against you. If they attempt to keep in contact, log all of their communications with you but do not answer them. This log may be of use later in your case. Hire a lawyer immediately to begin representing you and advising you on your best course of action.
Character Witnesses and Past Actions
Your defense lawyer will start to build a case to protect you by gathering character witnesses who can testify on your behalf. These witnesses will be used to show that your actions in the past are not consistent with this type of accusation. Your lawyer may also find witnesses who can prove that your partner is not stable and has a history of making false accusations. This is a very important part of building a defense in this type of cases.
Whenever you are facing a he said/she said type of situation, it is all too common for people to take the side of the woman. However, by using character witnesses, your lawyer can prove that you are not guilty of the accused crime and prove to the court beyond a reasonable doubt that you are innocent.
This is one of the reasons why it is so important to make sure that you have proper representation in this type of case. You may be thinking that you know you are innocent and could never attempt to hurt anyone, but unless you are one hundred percent certain that you can prove this beyond a reasonable doubt, when sympathy usually lies with the victim, you need a lawyer. Don’t fall into the trap of knowing your innocent and feeling that everyone else should automatically know it too. You’ve got to have a lawyer to protect you in this type of situation.
Be prepared for the court battle to get nasty. This is very common in this type of case. Just as you are finding character witnesses to prove your innocence, their lawyer is trying to dig up all the dirt they can find on you.
It is all too common to feel hopeless in this situation, particularly if you feel as though the tides are turning against you. Your lawyer will be able to help you stay positive and provide you with the best possible defense to prove your innocence to the court and everyone else.
Keep in mind however that the court of public opinion may not agree with the decision of the actual court. You may lose some friends and some business associates throughout this process. Just remember to keep everything in perspective. If they aren’t friend enough to believe you and stick with you, they weren’t worth having anyway.
False domestic violence charges are terrible on many levels, but with the right lawyer, you can be assured that your innocence will be proven and you can put this event behind you.
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- How to Handle False Domestic Violence Charges - January 28, 2014
