“Domestic violence is a crime of violence, typically an assault, battery, stalking, or criminal harassment, perpetrated by someone against a family or household member. Some states have specific statutes that are separate from the general assault statutes. In other states, such as California, the prosecutor charges the defendant with general assault or battery, and if the state can prove that the victim was one of the persons considered a “family or household member,” the punishment will be enhanced.”
What to do if you are falsely accused of domestic violence?
- Getting legal advice
If you find yourself tangled in a situation in which you believe and are sure that your current or former partner is wrongly accusing you of the domestic violence crime then the best way to start resolving such a critical issue is by hiring a professional and experienced attorney. Once you have an experienced attorney on your side, you can rely on his or her expertise to understand all major and minor realities of the situation and act smartly during the court proceedings. With that, you must remember not to engage in any sort of communication with the law enforcers, in the absence of your professional lawyer. Anything you say or the way you act with those personnel can be used against you in court and cause you to face more serious allegations than previously intended.
- Meeting your current or former partner (accuser) in the presence of a witness
If you are going through a split with your partner or spouse, then it is likely that you have to face him or her in face-to-face meetings either for collecting your kids or for picking up your belongings from home. In any scenario, you must be vigilant enough to set up a meeting with your partner or spouse in the presence of a witness. This is because the last thing you need right now is another false accusation of domestic violence or any other criminal conviction. This could worsen your case and personal position. Hence, meeting your partner or spouse in the presence of a witness is a rational idea and it can avoid such expected instances.
- Maintain a clear and vigilant mind
Rationalism is the key to success. Once you are falsely accused of a domestic violence crime, an array of emotions may be going through your mind that could lead to an irrational outlook on things. You must keep your head clear of all possible irrationalities and make logical decisions during the court trial and its proceedings. Your emotion-based behavior or statements could harm you since they can be used in court and make your case even weaker. Let go of the emotions, stop stressing, and deal with the entire situation with a vigilant mind.
- Do not act harshly or in a way that could be used against you in court
Before and during the court proceedings, every action and interaction you get involved in with your spouse and partner should be carefully thought. This is because any unfavorable step you take can be used against you in court. For example, using or threatening with a firearm, joking about suicide or violence, punching walls and showing aggression, or any other action that the court disregards must not be taken up by the wrongly accused individual. Such an action could weaken the already vulnerable case of that individual.
How to defend a person who is falsely accused of domestic violence?
If you are going through a difficult time in your relationship and there is a high chance of a split-up, then you must keenly observe your spouse or partner's behavior. If you notice that your spouse or partner is behaving oddly and hinting at you of accusations such as that of domestic violence (which you believe are unjust and false), then you must consider the following actions. These actions will help you protect yourself against false accusations of domestic violence by being one step ahead of your partner and making their intentions fail in this regard
Consult with a domestic violence defense attorney
Protect your valuables
Notify family members about your concerns
Change all of your login information
If you are abused, gather evidence