Although false accusations of domestic violence are rare, they do occur. When you’re facing a false accusation of domestic violence, you can face severe legal consequences if you are convicted of this offense. Domestic violence is a very serious criminal accusation. That’s why those who are falsely accused of this crime should exercise caution and act quickly to protect their rights.
Keep reading to learn more about how to handle a false accusation of domestic violence.
Ascertain the Situation
As we’ve already emphasized, domestic violence charges can end with very serious consequences, including time in jail or prison. This is why it’s important to realize how serious the situation is when someone threatens to report you for domestic violence or has already done so.
False accusations can arise for several reasons. They might come up amid a turbulent relationship or divorce proceedings if the accuser’s intention is to gain leverage. False accusations of domestic violence can also be used to strip someone of their custody or visitation rights. No matter the reason why this has happened, you can take steps to help you defend against false accusations.
Immediately Cease Contact with the Accuser
When you are aware that you are accused of domestic violence, immediately cease contact with the accuser. This can be difficult if the accuser is your spouse, so consider seeking temporary alternative living accommodations to remove yourself from the situation.
You should also refrain from speaking with anyone about the situation – including trusted family and friends – until you’ve secured legal counsel. Even then, your attorney might advise you to avoid talking about the accusations at all – in that case, it might be best to follow the advice.
Don’t Talk to the Police
If you and your accuser are at the same location when the police arrive, expect to be arrested. When they have probable cause to do so, the police commonly arrest people accused of domestic violence to protect the alleged victim from reprisal. You might not immediately (or ever) face criminal charges if this happens to you, but it’s possible for things to quickly gain steam from here.
If the police visit or arrest you, exercise your right to remain silent. Remember that the police are looking for evidence to confirm suspicion that a crime took place. Any information you give the police about the allegations or any specific incidents will only be used to convict you, not help you. You might feel intimidated, scared, or angry about the false accusation, but expressing yourself without legal counsel present to guide you is a very bad idea.
Contact a Lawyer as Soon as Possible
As soon as possible, get in touch with a criminal defense attorney who has experience handling clients accused of domestic violence. The nature of the allegations against you is unique enough that you should only trust the counsel of someone who has defended clients accused of domestic violence.
When you are accused of domestic violence, counsel like ours at The Law Office of Rene A. Flores PLLC can make a difference in your case. Rest assured that our attorney will thoroughly investigate your defense and build a strategy that can help you keep the door open to a brighter future.
For more information or to schedule a consultation, contact us online now.