It’s not uncommon for people to face false claims of family violence or domestic abuse. This is a serious situation that can lead to significant legal consequences and cause permanent damage to your reputation and relationships. If you’ve been falsely accused of domestic abuse, you need an experienced Tempe domestic abuse defense attorney on your side to help you navigate this devastating situation.
Once you’ve been accused of domestic violence, it may be extremely difficult even for your family and friends to believe that you are innocent. Some of the consequences you may face after a false accusation are loss of your job, creation of a criminal record that will hurt your chances of future employment, jail time, loss of visitation or custody rights to your children, and loss of your good reputation. There are also financial costs associated with hiring a legal team to defend against the false charges and/or to regain visitation or custody of children.
There can be many motivations behind false accusations of domestic violence. These causes can include:
The most common cause of false allegations of family violence are to gain leverage in child custody battles or divorce proceedings. False claims like these often arise in a rocky relationship that is already nearing separation or divorce, especially when children or child custody issues are involved in the situation.
Unfortunately, false claims of domestic abuse or violence are often made in an effort to “work the system” by subverting the legal process in hopes of gaining an upper hand in legal proceedings, or to prevent one parent from having visitation rights. Get representation from an assertive Mesa domestic abuse defense firm!
If you’ve been falsely accused of domestic violence, you may be reeling with emotions and find the entire situation impossible to process. But you need to take swift action to prevent the false allegations from causing additional stress and ongoing consequences in your life. Your first step is to immediately contact a trusted Gilbert domestic abuse defense lawyer who can aggressively represent you and protect your rights so you can seek true justice both in the courtroom and in your personal life.
Additionally, it’s important to consider your actions carefully. False accusations of domestic violence can start the process of losing your rights to visit your children or cause them to be removed from your home. Your spouse or significant other may even file a restraining order against you. Do not breach the conditions of this restraining order; it can be a setup that will encourage further legal consequences. Keep careful records of contact and requests from the accuser to help prove in court that the accuser does not truly view you as a threat. Demonstrate that you are a good parent and talk with your attorney about how you can avoid losing your parental rights.
Stick to your defense and follow your attorney’s advice. Keep details private and do not provide contradicting accounts of the situation. Stay focused and calm throughout your court proceedings and do not fall for traps that the prosecution may set to encourage an outburst in hopes of proving guilt.
Finally, remember who is in the wrong in the situation and that your accuser is the one who is breaking the law. Your primary job is to prove your innocence; once that is done, you can work on charges of perjury against your accuser.
A crucial part of maintaining your innocence against false allegations is ensuring that there are no records of your violation of orders of peace or restraining orders, and no documentation of acts of violence or emotional outbursts against the false victim. Therefore, it’s imperative that you keep a peaceful demeanor so that your Queen Creek domestic abuse defense attorney has an easier job of proving your innocence and cooperation in the investigation.
Fortunately, despite the devastation that can result from false domestic violence accusations, there are many ways a criminal defense attorney can work on your behalf to preserve your innocence and reputation. For example, it’s possible to prove that the false victim is emotionally unstable or has a history of irrational behavior. Your attorney can also help with damage control even before the allegations go to court.
To strengthen your defense, your attorney team will work to find evidence of innocence on your behalf. They can help gather character witnesses, or prove that you could not have committed certain alleged violent acts against the false victim because of your height, strength, or other circumstances. Hiring an expert witness, such as a physician, to explain pieces of evidence or how the alleged injuries could not have happened from the alleged violent actions can be a strong piece of the defense. Disputing the times or locations where the alleged harm happened can also be helpful. Ultimately, your attorney will defend you from various angles.
A lack of evidence for the false claims or a lack of preparation on behalf of the accuser can enable your lawyer to prove to the court that you are truly innocent. Your defense against the false accusations can even turn the tables, exposing the accuser as the liar that he or she really is. A strong relationship with an experienced Arizona criminal defense lawyer is crucial to deflect these false allegations and maintain your innocence. Call us today to schedule a consultation with a criminal defense attorney and learn more.
This blog post is courtesy of Tobin Law Office, a distinguished Arizona law firm that specializes in criminal defense, DUI defense, and domestic violence defense.
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