False Domestic Violence Accusations - Why They Happen and What to Do

 Posted on November 19, 2021 in Criminal Defense

Family violence accusations are serious. Even if it is charged as a misdemeanor assault family violence rather than a felony, the stigma associated can limit your future career, educational, and social opportunities. False accusations of intimate partner violence are extremely common, however. The reasons people make these kinds of allegations are numerous. Whatever happened, you are now facing a very serious charge - for something you did not do. If this is happening to you, you will need to get in touch with an aggressive criminal defense attorney soon to give you the best chances of clearing your name.

Why Do People Make False Family Violence Claims?

You may have been completely blindsided by your arrest. You know you did nothing wrong, but you are still facing a terrifying prosecution. There is no good reason for filing a false police report alleging an assault that never happened, but common reasons include:

• Divorce - Angry spouses looking to get an edge in the divorce proceedings sometimes falsely claim that their partner was violent. This is especially likely when there are children involved, as one parent may accuse the other of violence in an effort to gain sole custody.
• Self-defense - Police officers arriving on the scene have extremely limited background information. It is not uncommon for them to make a big mistake and arrest the victim, who was merely trying to defend herself.
• Spite - After a difficult breakup, or even during a big fight, people will sometimes accuse their partner of attacking them out of sheer spite. In this type of situation, the accuser often calms down the next day and wants the charges dropped - but it might be too late for that.

What You Can Do if You Are Falsely Accused of Family Violence

Facing this type of accusation is frightening, and the situation may feel hopeless. There are, however, a few steps you can take to minimize your risk, such as:

• Stay quiet - Do not talk to the police without an attorney present. If you are taken for questioning, say nothing except that you want a lawyer.
• Obey orders - You have probably been served with a restraining order. Getting kicked out of your house abruptly is an awful situation, but returning will only make it worse. Do not speak to the alleged victim, even if he contacts you first.
• Gather information - At an early stage, you might not even know exactly what it is you are accused of doing or when you allegedly did it. If you do know this information, hang onto anything that might help clear your name, including evidence of any possible alibi.

The most important thing is to get in touch with an experienced criminal defense attorney as soon as you can.

Speak to an Atascosa County Family Violence Defense Lawyer

BRCK Criminal Defense Attorneys understand how easily a false family violence charge can happen. Our aggressive Jourdanton family violence defense attorneys will fight to clear your name and protect your record and reputation. Call us at 830-769-1010 to schedule a free consultation.

Source: https://endgv.org/wp-content/uploads/2016/03/Vic-DefIssuesforJudges1.pdf