Domestic violence claims are usually taken very seriously by the courts. Even if it does not lead to you being convicted of a crime, an allegation of domestic violence can have a negative impact on your life. Although it is a serious, pervasive, and difficult problem in the world today, false domestic violence claims can and do occur, whether it’s in order to get back at a partner or in a fraudulent bid to get custody rights. If you have been falsely accused of domestic violence, you may be wondering which steps to take next in order to deal with the situation. First of all, it’s important to quickly seek legal advice from a family solicitor at Eatons Solicitors – this will help to protect you and your rights.
Understanding False Domestic Violence Claims:
When somebody is falsely accused of domestic violence, there can be several severe potential ramifications. Being accused means that you may face criminal penalties and depending on the severity of the accusation, you may even be put in jail. You could lose your visitation rights to your children or be forced to leave your home. Alleged victims who make false claims not only hurt the person that they are accusing, they also hurt the true victims of domestic violence.
False claims of domestic abuse and violence can be made for a variety of reasons. Often, they are made by spouses in divorce claims, in a belief that this will enable them to gain the upper hand in a division of property or custody rights. It may also be done to secure restraining orders, forcing the falsely accused spouse out of their home. And, whilst some false accusers will later feel guilty about what they’ve said and done and attempt to recant the claims, in many cases, the attempt will happen too late. If the accused is being criminally prosecuted, it will now be down to the prosecutor to make the decision whether or not to continue with the case, regardless of any attempt to take the accusation back. This leads to a real risk of the accused being falsely convicted of domestic violence, which can lead to imprisonment and other penalties, along with a criminal record. For anyone falsely accused of any crime must be a lot to go through. There are people out there who have committed many crimes, which is why you should check criminal records, as it is both legal to do and allow people around particular individuals to stay safe.
What to Do if You Are Falsely Accused:
If you have been falsely accused of domestic violence, it’s important that you take action immediately and find out how to avoid wrongful allegations. Even if you are not under arrest for the alleged crime, the accusation alone could cause significant damage, and there’s a real risk that you could be arrested in the future. Past allegations of domestic violence could come around to harm you in family court matters and could lead to a restraining order being placed against you, preventing you from seeing your family. Being proactive and acting quickly is key to preventing any damage to your reputation and life by a false claim.
The first thing to do is consult with an experienced criminal defense or domestic violence lawyer, who will be able to help you figure out the next best steps to take when it comes to demonstrating that the accusations being made against you are false. If you are able to prove that the alleged victim made false allegations against you, the judge will need to take this into consideration in a family court setting when determining custody and visitation rights, for example. If the case goes to criminal court, your lawyer may be able to get any charges against you dismissed – read more here about dropping domestic violence charges.
How to Conduct Yourself:
If you’ve been falsely accused of domestic violence, it’s understandable that you feel frustrated and angry. However, it’s important to ensure that you keep your emotions in check and make sure that you conduct yourself properly in the aftermath, as this will help your case. For example, if a restraining order is made against you, you should not breach it in any way. Bear in mind that the accuser may be capable of trying to lure you into a situation where you are in breach of the order and end up facing more legal charges; under no circumstances should you allow yourself to be lured into meeting with the accuser or anybody else named in the order, including children.
However, you should keep a record of any requests from them to meet or sightings of them on your premises, as this can prove to a judge that the accuser does not actually see you as a threat. In addition, you should speak to your lawyer about potential ramifications on your parental rights. Stay focused and stick to your defense; don’t change your story or give contradicting accounts of the situation.
What Happens to False Accusers?
In many states, even if it becomes apparent that false accusations of domestic violence were made, the police and district attorney are unlikely to file charges against the party who made a false accusation. In most cases, this is due to the fact that there is fear that if people were charged for making false accusations, it may prevent real victims of domestic violence from coming forward and filing genuine reports. However, if you remain calm and focused on proving your innocence, there is a chance that your accuser could find themselves facing charges of perjury should you wish to take that route.
In many cases, there are several signs leading up to a false accusation. People who make these accusations tend to be vindictive or emotionally unstable individuals. If your partner has a record of emotional outbursts, aggressive demands, jealous tendencies and has blackmailed you in the past, you may be worried that they could make a false accusation that lands you in jail in the future. The best thing to do is to consult with an attorney who will be able to provide you with advice on the next steps to take. Confide in your friends and family and gather as much evidence as you can in case you need it in the future.
Most accusations of domestic violence are genuine, but some individuals falsely accuse an ex-partner for their own gain. If you’ve been accused of a crime that you haven’t committed, seek legal advice immediately.