Were you recently approached by a police investigator who told you that your spouse, ex, or significant other had accused you of domestic violence? Are you seeing your boyfriend or girlfriend take to social media to tell everyone how you hit them or yelled at them? Is all of this seeming outrageous to you because you are certain you never did anything to hurt them?
As shocking as it might seem, false accusations of domestic violence are not uncommon. Each day, people across the country find themselves in situations like yours. Most people falsely accused of domestic violence are men, but there are women who are put in such an unfair position, too. If you know that you never hurt your significant other, then what reason would they have to falsely bring those accusations against you?
There are a few reasons why false domestic violence accusations arise:
- Spite: The first thing you need to consider when falsely accused of domestic violence is whether or not your accuser has a reason to hate or spite you. In many states, the moment the police are told of domestic violence, they must take action. In some states, police even have to make an arrest when responding to a domestic violence dispute, even when there is zero tangible evidence of harm or aggression. A spiteful ex could know as much and call the police on you with a lie, just to give you a hard time and put an arrest on your record.
- Child custody disputes: It is also known that some people will fabricate domestic violence tales to get an advantage in family law court. Any family law judge will give serious hesitation to assign child custody rights to someone who has been accused of domestic violence, especially if that person already has circumstances stacked against them. The judge may be tempted to err on the side of caution and remove child custody rights from you until you can definitively prove your innocent, which may be incredibly difficult in a he-said/she-said situation.
- Exaggerations: False domestic violence accusations can also originate from exaggerations of real events. Domestic violence charges do not need to be filed after the police see evidence of physical violence. You can be charged and convicted of domestic violence just for yelling at your spouse or using threatening language. To this end, you might have gotten into a heated argument with your significant other that you thought was just a typical event for any couple. However, your boyfriend or girlfriend might have felt frightened during the fight to the point they thought they were in danger, causing them to go to the police afterwards.
PROTECTING YOURSELF FROM FALSE DOMESTIC VIOLENCE CHARGES
Proving your innocence in a domestic violence case is difficult, but it is not impossible. It can feel like the court and the criminal defense system are all tipped out of your favor. To give yourself the advantage, you need to work with a seasoned domestic violence defense attorney. By working with a legal professional who knows what works and what does not in local courts, you can start to construct a defense that shows you were accused falsely and why.
If you live in Orange County, you can rely on The Law Offices of Frances Prizzia for powerful defense against domestic violence charges. No matter why the accusations have arisen, Attorney Frances Prizzia has the legal experience and insight needed to combat them. Call (714) 362-0157 to discuss your case today.