If you are falsely accused of domestic violence, immediately contact a criminal defense attorney. Even if you are not yet arrested or charged with domestic violence, counsel from an experienced attorney can help you avoid facing unnecessary consequences for any false accusations against you.
It’s exceedingly important to reach out to a lawyer as soon as possible. Whether you just learned of accusations against you or you are already in police custody, now is the best time to start protecting your rights.
Don’t Speak to Anyone About the Domestic Violence Allegations
Until you’ve contacted a lawyer, refrain from discussing the other party’s allegations of domestic violence or any of the circumstances surrounding it. This can be difficult to do, especially when friends and family seem eager to hear your side of the story, but anything you say can be twisted in a later prosecution against you.
The same goes for any questions police investigators may ask you about the incident. Don’t speak to the police until you’ve met with your attorney, who can guide you through this difficult ordeal while ensuring your rights are protected.
Why Do People Make False Accusations of Domestic Violence?
False accusations of domestic violence are rare and damaging to those with real experiences. When someone makes a false accusation of domestic violence, they typically do so to gain leverage over the accused or enact revenge against them.
For example, a spiteful ex-partner might make a false accusation of domestic violence when seeking a custody arrangement or equitable distribution order that favors them. Likewise, someone who is angry about a breakup or an argument might tell a false accusation of domestic violence to “punish” the other party.
What Not to Do When You’re Falsely Accused
Consulting with a lawyer is the most important thing to do after being falsely accused of domestic violence, but there are also certain things you should avoid doing.
Never do the following before consulting with your attorney:
- Communicating with the accuser by any means (no talking, texting, emails, social media, etc.)
- Continue to occupy the same space as the accuser
- Waive your right to remain silent while in police custody
- Waive your right to have an attorney present during any questioning
- Say anything about the allegations or their circumstances to anyone but your lawyer
Avoiding these actions can go a long way toward helping you protect your rights when faced with false accusations of domestic violence.
Is Making a False Accusation of Domestic Violence Illegal?
Yes, which means a false accuser can be charged with a misdemeanor crime at a later date.
That said, what’s most important at this time is helping you avoid an unnecessary conviction. If there is strong evidence that the accusations against you are false, your attorney can develop a legal defense that may help you avoid a conviction or the most severe penalties of a conviction.
Contact Us for Legal Assistance
Depending on the nature of domestic violence allegations, those accused can face misdemeanor or felony charges. That means a conviction could potentially result in several years to life in prison.
When you are accused of domestic violence, don’t hesitate to reach out to Alband, Lane & Balderrama for assistance. Our experienced defense lawyers have what it takes to help you protect your rights and safeguard you against unfair treatment by the criminal justice system.
Learn more about how we can help during a consultation. Contact us today for more information.