What Happens when you are Falsely Accused of Domestic Violence?

Domestic violence is a serious criminal offense that involves physical and psychological abuse by a spouse or intimate partner. Law enforcement takes accusations for domestic violence very seriously and usually sympathizes with the alleged victim. Even though a person is innocent until proved guilty, such allegations can have lasting consequences on personal and professional life. Unfortunately, framing a spouse or partner for domestic abuse is not uncommon. Many individuals do it to gain advantage during divorce litigation, and others use it as a means of revenge. If you and your partner have differences and disputes, these accusations could be used as a power play.

Despite not being guilty of the heinous crime, the court might still incriminate you on the basis of fabricated evidence and testimonies. If you and your spouse are going through a divorce or separation, you may end up losing family property and the right to child custody. Your spouse may acquire a restraining order against you, thereby terminating all contact with your family. Apart from that, your sentence may include hefty fines, jail time, probation, restitution, community service, as well as enrollment in an anger management program or something similar.

While the criminal court does not impose penalties unless the charges lead to incrimination, the society tends to view the alleged perpetrator as an aggressive, abusive, and toxic person. The worst circumstances arise when the accusing souse/partner succeeds at turning children and other family members or friends against you. It naturally becomes more difficult to uncover their lies, demonstrate a sound character, and keep your criminal record spotless. Therefore, it is important to refrain from participating in a legal battle without California Criminal Defense Attorney by your side.

Women are victims and men are abusers in the majority of domestic violence cases. Nonetheless, men are abused too, and they are equally entitled to sue or file a complaint against the abusive spouse/partner. Most men who encounter domestic violence either don’t realize it or never admit it. They do not seek legal help because they fear being mocked and ridiculed for being abused by a woman. The concept of equality is getting more recognition, yet conventional stereotypes and beliefs are embedded in our society.

Allegations for domestic violence are perceived as more genuine when made by a woman, which is why some use the system’s bias to their advantage. While beating charges of domestic violence is increasingly difficult for men, it is certainly possible with the help of a competent legal representative. Criminal defense lawyers who have experience handling cases of domestic violence know how to challenge the prosecutor’s claims and put forward compelling arguments.

Your attorney can assist you in collecting evidence that supports your case and proves that you are incapable of or could not have instigated violence on your partner. When you succeed at proving that the allegations are entirely dishonest, you could be eligible to file a counter lawsuit against the plaintiff. When you get arrested for domestic violence, do not resist the police or say something that could come back to bite you; use your Miranda Rights. If you are released on bail, follow the bail conditions to avoid complicating the case any further.