Domestic violence is a serious crime, and courts take allegations of such offenses seriously. Judges will generally err on the side of caution when it comes to protecting the safety of members of the household – especially when children are involved. However, sometimes in cases of contentious divorce, an aggrieved ex may falsely claim that their spouse was abusive. This may be a vengeful decision designed to keep their spouse from gaining custody of their children. However, false allegations can backfire – and may even result in the accuser losing their parental rights.
How to fight back
If you are facing false allegations of domestic violence, it can be easy to become upset and let your emotions get the better of you. However, it’s important to stay calm and focus on being as cooperative as possible throughout the investigation. Allegations are merely claims, and a good Domestic Violence Attorney can employ a variety of tactics to disprove what your spouse has claimed:
- Your spouse was actually the aggressor. It may be surprising to learn that many times, the aggressor in a domestic dispute is actually the one to call the police and accuse the victim of wrongdoing. The police may not take the time to investigate all of the facts at the time of writing up the incident report – but your lawyer will.
- You were acting in self-defense. Self defense is legal; domestic violence is not. If you were acting with reasonable force to protect yourself or your family from real or reasonably expected danger, your lawyer can help to prove this.
- Poke holes in the story. When someone makes false allegations of a crime, it’s common for their story to be inconsistent throughout the course of the case. What they report to the police or to paramedics may later change course as the case progresses. A good criminal defense attorney will remain astute and find such inconsistencies to help weaken the accuser’s case.
These are just some of the ways that an experienced domestic violence attorney can work to get your charges dropped. Even if you know that your spouse’s domestic violence allegations are false, it’s important to understand that these charges will not go away on their own. It’s critical to have a strong legal advocate on your side to defend your future. You want a former Domestic Prosecutor on your side. Be proactive and call (619) 736-3375.
Finding Exonerating Evidence
Most domestic violence cases consist of at least two vastly different accounts of what actually led to the 911 call and resulted in your arrest – the accuser and yours. When you hire the Premier Domestic Violence Law Group, we gather the following evidence in your defense.
- Have you been the victim of false allegations by a jealous and vindictive girlfriend or jilted lover?
- Is your accuser building a case against you to gain leverage in a child custody battle?
- Is the accuser a cohabitant, tenant in common, or joint owner of a property who stands to gain control of your mutual residence by means of a restraining order?
- Does your accuser stand to gain financial or property assets resulting from the charges against you?
- Is your accuser keeping your children from you as a form of revenge?
- Were you acting in justifiable self-defense?
- Did a fight ensue that resulted in an accidental and unintentional injury?
- Are you the victim of character defamation and harassment?
- Have you been the victim of chronic abuse and unusual cruelty?
- Are you not guilty by reason of temporary insanity?
- Did you act in the heat of passion?
- Were you involved in a love triangle?
- Were you protecting your children, pets, or personal property?
- What is the character and credibility of your accuser?
- Are there witnesses who can testify on your behalf?
- Does your accuser have a history of mental instability or psychiatric problems?
- Was your accuser taking any medication or narcotics that could have distorted his or her perception of reality?
- Was your accuser under the influence of alcohol and/or a habitual drinker?
- Has your accuser ever been involved with social services?
- What facts would be revealed by a background check of your accuser?
- Did you sustain any visible injuries or significant pain from the incident?
- Did you have reason to believe your life was in danger, therefore reacting in a state of fear and panic?
These are some of the facts that need review.
It’s critical to have a strong legal advocate on your side to defend your future. You want a former Domestic Prosecutor on your side. Be proactive and call (619) 736-3375.