Dealing With False Accusations of Domestic Abuse

The consequences of domestic violence are dire. Incarceration, restriction of civil liberties, and presumption of child custody (where you automatically lose custody of your child) are some of the consequences. You shouldn't suffer these and other penalties if you are innocent. Below are some of the actions you should take if you face false allegations of domestic violence.

Understand Domestic Abuse

The first thing is to understand what the law says about domestic abuse. That way, you will know what you are up against. For example, you should know that:

• You don't have to be violent for the courts to convict you - even threats of physical force count as domestic violence.
• Your actions don't have to be intentional - even reckless acts count.
• The victim doesn't have to be a family member - even a former spouse or romantic interest counts.

If you don't know these things, you might think that your accuser is lying while, in the real sense, they are right.

Secure Your Login Information

The next step is to do everything possible to deny your accuser the chance to fabricate evidence against you. For example, an ingenious accuser can even log into your phone, email, or social media accounts and send threatening messages to themselves. You might struggle to deal with such fabricated evidence if they show up in court.

Secure your gadgets and accounts to prevent such possibilities. Change your passwords and PINs and make them as complex as possible.

Preserve Evidence

Gather and preserve any evidence that may extricate you from the accusations. For example, if someone has accused you of a physical confrontation, you should preserve evidence that put you at an alternative location at the time of the alleged incident. A purchase receipt, a selfie, or a can provide you with an alibi.

Respect Restraining Orders

Most people get restraining orders against their accusers. The restraining order is not a conviction of guilt. The restraining order is just to prevent any or further abuse and keep the alleged victim safe.

Respect every letter of the restraining order even if you feel it's unjust. Don't even try to confront your accuser. For example, if the restraining order calls for you to avoid the accuser's residence or office, don't go there to explain yourself. Such actions will only give your accuser further ammunition to fight you.

Tell the Truth from the Start

Tell the truth from the beginning to the end of the case. Nothing will hurt your credibility like an inconsistent story. Don't omit things that seem embarrassing or things you aren't proud of. As long as your words and actions don't amount to domestic violence, telling the truth is better than lying.

Clear Your Name

Take legal steps to get rid of the restraining order. Few people will believe your innocence as long as you still have the restraining order against you. Don't forget that domestic violence accusations can damage your reputation, affect your work, and even ruin your personal relationships.

File a motion with the court to lift the restraining order. If your accuser contests the motion, you will get the chance to argue your case during a hearing. Hopefully, the hearing and cross-examination of your accuser will reveal your innocence.

Hire an Attorney

Hire an attorney to help you with the defense. Even if the accusations against you are clearly false, they won't go away by themselves. The accuser must get their day in court, and the best way to refute their claims is to use an experienced criminal lawyer.

Don't sit back and wait for your accuser to recant their story. Take proactive steps to defend yourself. Ralph Torres Attorney At Law, has extensive expertise and experience with criminal law. Contact us so that we can begin the aggressive representation you deserve.