Defending False Accusations of Domestic Violence
Provided by HG.org
While false accusations of domestic violence are not heard of often, these circumstances do arise in certain situations that paint the target in a negative light with the public. Defending such accusation is difficult, and when the community rises against the person, reversing attitudes become complicated both in and out of the courts.
Domestic violence accusations are offensive and could cause severe harm to a personís standing both in a business sense and in the local community. He or she may face shunning from neighbors and employers or coworkers. Even in the event that the person succeeds in the case, the local public will remember the accusations and still think they were true in certain situations. It is important to reach a conclusion of exoneration when domestic violence charges are false. Through legal representation in the courtroom, the defendant may provide enough evidence to prove he or she took no part in abusing his or her spouse or romantic partner.
False accusations of domestic violence often occur when the other spouse is angry or wants revenge on the accused. This could occur through divorce, when the other is attempting to leave or causes a problem between the relationship. A vindictive person will start the accusations when children exist in the marriage or relationship to acquire custody or support after the dissolution of the romantic involvement. Others may simply want to cause chaos and accuse the spouse or romantic attachment of domestic violence. These individuals could face serious consequences for these actions if the case proves false through a successful defense.
What Are Domestic Violence Charges?
Some states may differ in what they consider a domestic violence charge. However, the usual standard includes an intention or attempt to cause serious bodily injury to a person residing in the home. This could also involve an imminent threat of danger of the same circumstances or when the person continues to harass the individual where his or her emotional distress increases significantly. If the accused has a personal relationship with the other he or she engages in violent acts with, he or she may face domestic violence charges when the law enforcement becomes involved. With the proof through hospitalization or medical documentation, it is difficult to defend against.
Determination of the Charges
The judge involved in the case will need to determine if the accused is part of the problem. If the initial judge does feel that the accused participated in domestic violence, a temporary restraining order or an order of protection will issue forth to protect the victim. This may only last for a few days until the victim comes forward and provides further proof. However, the accused will often need to vacate the property until after the case clears him or her. This may also require him to remain away from places of work or school where the victim will reside or continue employment. This generally includes minors and continued support for the victim as well as any affected family members.
False Charge Implication
When the legal team working to defend against the charges discovers that there is evidence to corroborate the story the defendant has explained about the false charges, the prosecution may discover the case weakened. A solid defense strategy may arise through these circumstances. The defending person needs all the help he or she is able to acquire. Inaccurate or flat out false accusations of domestic violence may leave room for doubt or proof of the untrue nature. The defendant will need to provide as much information about the relationship as possible for assistance in creating a strategy to fight the charges.
The Criminal Legal Defense
The judge will determine if there is reason to believe that the charges are true. This initial hearing may warrant the need for a restraining order, order of protection or other drastic measures. It is absolutely imperative that the defending party is peaceful and clear of any violent or emotional outbursts, no matter how complicated the issue is or how false the accusations are. The person will need to acquire as much evidence to refute the charges as possible to include medical records, statements from witnesses and written statements or video surveillance to show that the person has a solid alibi for certain instances of violence.
A legitimate and valid defense starts with a criminal defense lawyer. The individual will need a strategy, and he or she will need to fight the entire way to freedom and the clearing of his or her name.
Read more on this legal issueIs Domestic Violence a Felony or Misdemeanor?
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.