False Accusations of Domestic Violence: A Defense Lawyer | Attorney’s Prospective.
A false allegation, whether it surrounds domestic violence, violence or harassment is by its very nature complicated because it is not based on mistakes but on conscious lies. In our experience as criminal defense lawyers | attorneys, the reasons for a false accusation vary:
- Sometimes false accusations of domestic violence surface in a divorce setting where one party is positioning for primary child custody or support.
- Sometimes false accusations are made because the real aggressor does not want to go to jail or is scared.
- Sometimes a party is jealous and/or angry and wants to get even.
- Sometimes a party wants to destroy the career of the accused.
- Sometimes a domestic violence batterer sets up the victim to achieve greater power and control over them.
- Sometimes the police officers do not know the whole story when they make an arrest.
- This list goes on as it varies with the circumstances specific to each case.
It is important to know that your case is not the first false accusation case handled by our criminal defense firm or the court system. In our experience, following some basic advice and hiring competent counsel is essential to fighting these kinds of charges.
Our experience as criminal defense lawyers | attorneys handling a wide variety of these kinds of cases has produced some common pieces of advice for clients facing a false accusation in the context of domestic violence or otherwise.
- Immediately write down what happened. This is one of the first pieces of advice we have for clients because memory is best when it is fresh.
- Under no circumstances should you attempt or be lured into speaking with or engaging the falsely accusing party. Although this should be self-evident, as they have just lied and gotten you charged with a crime, it is surprising how difficult it is for many clients to listen to this piece of advice, even when a judge enters a No-Contact Order forbidding any contact. We have seen these contacts subsequently used against our clients in divorce proceedings as well as in criminal prosecutions.
- Do not let the love of your children cloud your judgment. If having no contact affects your ability to see your children, there are court-approved avenues to remedy this situation. Following them demonstrates your ability to maintain self-control and not act erratically. If you continue to have contact, you jeopardize the ability of your lawyer(s) to fix this. If there is one thing judges hate, it is people who do not listen to their orders; and, if there is one thing all lawyers hate, it is having clients who get caught doing this because it can ruin good cases.
- Rely on close friends and family to help get you through the initial charges and getting yourself resettled. If you are finding this support insufficient, immediately begin speaking with a mental health or other professional to help you process what happened and move forward. It is amazing what experienced professional help can do to help keep things clear.
- Do not begin to ask friends and family to keep tabs on the accuser. This inevitably leads to confrontation. If the accuser calls your family members, have them write down the date and time of the call and what was said. They can listen but should not engage the false accuser nor discuss ANYTHING related to you or your situation whatsoever. Just listen.
- Immediately request any copies of phone records that are relevant and preserve any emails or texts that may bear on the case. Accounts get closed, emails get hacked and texts get deleted so take care to move on this quickly and immediately bring them to the attention of your criminal defense lawyer | attorney and/or family law lawyer who should be working in tandem.
- Recognize that even if the accusation is false, the behavior of the other party will not change. Given enough time, the behavior will become evident to the court and others. Be patient. This is true.
Our firm has a unique blend of courtroom experience, knowledge and temperament. Our criminal defense lawyers | attorneys work as a team and are highly experienced in collecting and presenting the complex fact specific arguments that surround false accusations. Our lawyers know that criminal cases are rarely as simple as the police reports allege and our clients retain us early on in the process to make sure their rights are protected. Consultations are free but a poor choice in counsel can be expensive. The first step in evaluating counsel is an appointment.