Defending Against False Accusations of Domestic Violence in Family CourtDefending Against False Accusations of Domestic Violence in Family Court
There are many reasons someone may make false allegations of domestic violence. They could be trying to gain an advantage in divorce, child custody or legal separation proceedings; they might be jealous of a spouse or seeking revenge; or they might simply be mistaken about what happened. Whatever the reason, false accusations of domestic violence can be devastating to an individual and can cause them a great deal of distress and emotional turmoil.
If you or a loved one have been falsely accused of domestic violence in family court, it is critical to get legal help right away. Not only can these allegations hurt your reputation and affect your ability to find work, but they can also lead to jail time.
Defending Against False Accusations of Domestic Violence in Family Court
Throughout every socioeconomic level, culture and race, domestic violence is a serious issue. In recent years, awareness about it has heightened and advocacy groups have been working hard to get people the help they need. But, false allegations of abuse are still a problem, and they are becoming more common in the courts, especially as a result of this increased attention.
The consequences of false allegations are often severe, and can include fines, a protective order, electronic monitoring, and jail time. They can also damage an individual’s professional and community standing and their custody or visitation rights with their children.
1. Avoiding the Person Making False Allegations of Domestic Violence
If you know a friend or spouse is capable of making false allegations, avoid having any contact with them. This can be difficult if you have children together, but it is vital to avoid any interactions or communication that might create a situation where the accuser might feel he or she has a chance of being successful in bringing a false claim against you.
2. Keep Calm and Quiet
It is important to maintain a cool head when you receive a notification that an investigation of domestic violence is being conducted. You will be nervous, angry and frustrated, but reacting in a way that gives the accuser ammunition against you can make your case weaker.
3. Be Cooperative with the Police
After you receive a complaint of domestic violence, the police will likely come to your house to conduct an investigation. You will need to cooperate with the police and let them know that you are seeking legal counsel. You should also politely request to speak with your attorney, but you should be aware that anything you say in the presence of the police might be used against you if you are ever in court.
4. Don’t Talk About It Until You Secure Legal Counsel
In the meantime, you should refrain from talking about the charges with anyone except your lawyer and trusted friends and family. Even then, you should only speak with them about specific details of the accusation and not about your overall relationship.
5. Get a Witness of Your Own and Put Forward Your Evidence
If you are accused of domestic violence, it is important to retain the services of an experienced Miami divorce attorney as soon as possible. This will allow your attorney to provide you with the evidence and testimony that you need to fight the charges in court. In addition, your attorney can also obtain witnesses on your behalf who can provide proof of your innocence.