Smart & Aggressive
attorneys defending you.
click for a free consultation

How to Deal With False Domestic Violence Charges

Posted on July 7, 2021 in Domestic Violence

Domestic violence is a serious crime. Even being accused of domestic violence can ruin your reputation, make you lose your job and lead to other negative consequences. If you’re charged with this crime and arrested, you could be facing fines, potential jail time and a permanent criminal record. There are many reasons why someone might falsely accuse you of domestic violence. If you are in this situation, learn how to protect yourself.

Start Documenting

If you are in a relationship where you believe that your spouse is capable of lying, being vindictive or lashing out, or if your spouse is mentally or emotionally unstable, it can serve you well to protect yourself against false domestic violence accusations from the beginning. You can do this by confiding in close friends or relatives about your situation so that they will be more likely to believe you in the event of a false domestic violence allegation.

You may wish to gather evidence, as well, such as by documenting all fights or altercations with the person in detail. Keep a journal where you write down each event, with the date and a description. If someone threatens to falsely accuse you of domestic violence during a fight, document this in writing. If someone has already accused you of domestic violence, try to mitigate the harm by telling your side of the story to friends and family to increase the odds of them acting as character witnesses.

Do Not Confront the Accuser

Although it can be tempting to talk to the accuser directly to try to work out the misunderstanding or disagreement, don’t. Communicating with the accuser in any capacity could lead to further evidence against you. This is especially true if the alleged victim has taken out a restraining order against you. In this case, it is extremely important not to violate the terms of the order.

Get an Attorney Right Away

Do not assume that you cannot be convicted of a crime that you did not commit. Take any domestic violence accusation seriously, even if the alleged victim has only spread the rumor among friends and family and has not yet gone to the police. Preemptively consulting with an attorney can lead to advice as to what to do moving forward to protect your rights.

A Phoenix domestic violence attorney can take immediate action to protect you, such as gathering character witnesses and building an alibi. If you are officially charged with a domestic violence crime, such as assault, battery or stalking, your lawyer can build a customized defense to decrease your chances of a conviction. This includes building a case against the alleged victim to demonstrate why he or she would fabricate a domestic violence crime, such as for revenge or as part of a divorce case.

Stay Calm and Focused

Being falsely accused of a serious crime is distressing. It is normal to feel angry, scared, frustrated or overwhelmed. It is important, however, to stay calm and focused on your goals, especially when speaking to the police or a judge. An emotional or aggressive outburst can make you look bad. Keeping the peace and staying away from the accuser, on the other hand, can make it harder for the prosecutor to prove your guilt.

Remember, you are in the right as someone falsely accused of domestic violence. It is the person who has falsely accused you who is breaking the law. Hire an experienced defense attorney to help you protect your legal rights and refute domestic violence allegations. An attorney can help you establish your story to avoid giving contradicting accounts of the situation in question. If you have maintained your innocence, your attorney can help you stand by this claim and support it with evidence. If you have been falsely accused of domestic violence, contact AZ Defenders today for a free consultation.