How to Address False Accusations of Domestic Violence

false accusations of domestic violence

How to Address False Accusations of Domestic Violence

Family arguments can get really heated and the consequences may be disastrous for all parties involved. It’s possible for one of the spouses to report domestic violence when such hasn’t taken place. If you’re a person facing false accusations of domestic violence, you may find yourself in a true quagmire. The accusation will have an impact on your reputation, well-being and relationships with others. this is the main reason why it has to be addressed in the best possible manner.

Understand the Consequences

You need to understand the consequences of being accused of domestic violence in order to seek the best possible defense.

False accusations are often a part of divorce, especially if the two parties did not end the marriage amicably. While some people believe that domestic violence accusations are going to have solely civil proceedings, these can also contribute to criminal charges.

A restraining order can be issued against the alleged perpetrator. In addition, they may face jail time and hefty fines as a result of the criminal charge. Any violation of the terms, including contact with the alleged victim following the issuing of the restraining order, will contribute to additional criminal charges and sanctions.

Individuals charged with domestic violence may also have to deal with mandated treatment/anger management counseling, restriction of civil liberties like the possession of a firearm, custody issues and exclusion from the family residence.

Who has the Burden of Proof?

In many states, the domestic violence burden of proof falls on the individual that makes the accusation. Arizona, however, has different regulations. The burden of proof falls on the accused individual and they have to demonstrate beyond reasonable doubt that they didn’t commit the crime they’re being accused of.

Thus, arrests will often occur when there’s insufficient or no evidence establishing the guilt of the individual charged with domestic violence.

If you are arrested, there are several things to refrain from doing. Do not try to talk to the law enforcement professionals without an attorney being present. Everything you say can be used against you. It’s also a bad idea to attempt contacting your spouse, significant other or a family member involved in the situation. Do not submit to DNA and other types of testing voluntarily. You have the right to wait for the arrival of your legal representative before agreeing to anything law enforcement reps want from you.

Addressing False Accusations

A person that makes a false police report or false child abuse allegations faces criminal charges. False accusations of domestic violence are a Class 1 misdemeanor. The maximum sentence is six months in jail and a fine of up to 2,500 dollars.

Several defense scenarios can be employed in such situations.

The attorney can access police reports and medical records that were used to make a domestic violence signal. A lawyer can also take the deposition of your significant other or ex for the purpose of getting enough detail pertaining to the alleged abuse.

false accusations of domestic violenceExperienced lawyers know what questions to ask in such situations. A person that makes the accusation is placed under oath. Thus, the false nature of the charges can be exposed easily by a lawyer having enough interrogation experience.

A lawyer can also interview potential eyewitnesses who can shed more light on the relationship between the two individuals in question.

If you have documents, pictures and even family recordings, you can also provide these to a legal defense professional. The more evidence you’re capable of providing, the less likely an accusation is to hold.

Keep in mind that even if false allegations do not have criminal consequences, they will still be used against you in divorce proceedings. This is the main reason why you have to get in touch with an attorney right away.