False Domestic Violence Allegations: How You Can Avoid Wrongful Allegations
Domestic violence allegations are extremely serious and can lead to devastating consequences for a person’s reputation, career, and life in general. Unfortunately, false allegations of domestic violence are made all too often. How can you avoid wrongful allegations of domestic violence? Continue reading to learn more.
How Can You Avoid Wrongful Allegations?
Protect yourself by trying not to be alone or without a witness in any situation where you feel another person is capable of wrongfully accusing you of any act of domestic violence. Try to stay in public places or have a friend or person you trust that can attest to what happened.
However, that is not always possible because most times, the allegations stem from conduct that allegedly occurred in a private setting. Usually, the allegations are made by persons who are or were living together, and the alleged acts occurred in the home, apartment, or vehicle, where there may not be any witnesses.
In that case, it’s important to record any portion of the incident that you can, if possible. You can take written notes or make an audio recording of you narrating what took place. If you’re in public, you are allowed to make a recording of another person. However, California is a two-party consent state, meaning you cannot record a person in private without the other person’s consent.
Certain exceptions may apply, and it is imperative that you consult an experienced attorney to advise you on how to navigate this type of situation. You might also want to call the police if you are the one being harassed or if you are the victim. However, anything you tell the police can and will be used against you. Therefore, you should consult with an attorney as soon as possible to assist you in understanding your rights.
What Happens If I Am Arrested for Domestic Violence Despite the Claims Being False?
People are often arrested on the word of just one person claiming that something happened.
A person’s statement is considered “evidence,” even if only testimonial. There is no requirement that the evidence has to be physical evidence, like pictures of injuries, video, DNA, or fingerprints. A person can be arrested on the word of one individual.
If you’re arrested for domestic violence, cooperate with the police and invoke your right to remain silent. Contact an experienced criminal defense lawyer and provide your attorney with evidence of the false claim. Your attorney will build your defense and attempt to prove your innocence in a court of law.
Why Would Someone Falsely Accuse Another of Domestic Violence?
There are many reasons why a person might falsely accuse someone of domestic violence. The accuser may have a motive to lie or fabricate allegations. For example, the couple may be in the midst of a highly contested divorce or angry due to recently discovered infidelity. Other times, the reasons could be financial or reflect an effort to get the other person removed from the home.
Typically when a person is arrested for domestic violence, one of the conditions of their release from jail is that they have no contact with the alleged victim. They generally can’t return to the place where the incident was alleged to have occurred or to the home or business of the alleged victim. Unless a motion or request is later made to the court, those conditions of release will remain in place until the case is resolved. This can cause extreme hardship to the person accused because they have to find a new place to live and will have difficulty accessing their belongings at their home. If faced with a situation like this, contact an experienced criminal defense attorney so that they can help defend against these false accusations to minimize the damage created by the false claims.
Contact a Criminal Defense Attorney if You’ve Been Falsely Accused of Domestic Violence
If you are falsely accused, it is imperative that you contact an experienced attorney to help prepare your defense. A domestic violence conviction can have a significant impact on your life. An attorney can mitigate the penalties you may face and get you the best possible outcome in your case.