Domestic violence is a serious charge that comes with life-changing consequences. That is why being falsely accused of domestic violence can be an overwhelmingly stressful and emotional situation. The outcome can affect your family, friendships, personal life, and career. Remember, you have rights and deserve to be heard.
Our Las Vegas domestic violence lawyers share how to navigate false accusations of domestic violence and what you can do to get your life back on track.
Understanding the Reasons Why People Make False Domestic Violence Accusations
There is no denying that domestic violence occurs. However, there are situations in which a person may falsely accuse another individual of domestic violence. Some reasons that could lead to these false allegations include:
- A way of seeking revenge against a former partner
- Getting the upper hand during a divorce
- Trying to secure child custody
- Attempting to ruin a person’s reputation
- Suffering from mental health issues
- Seeking attention or support from others
Unfortunately, false domestic violence claims do not just affect the accused person, but they also diminish real victims who are brave enough to come forward about the abuse they suffered. Fabricating domestic violence claims can foster victim distrust or disbelief.
While there are different reasons for false domestic violence accusations, it is crucial to understand your rights and what you can do. In many cases, the accusation is an emotionally charged response that may only get worse with confrontation.
Seek Legal Representation
The first thing to do if you are wrongly accused of domestic violence is to seek legal counsel. Immediately following your domestic violence arrest you should find a qualified domestic violence defense attorney who can explain your legal options, guide you through the process, and build a strong defense on your behalf. Your attorney will also provide legal advice on what to do next.
Before hiring an attorney, schedule a free consultation to learn more about their practice, experience, and the types of cases they handle. Additionally, read online testimonials and reviews to know what to expect if you work with them. You want to make sure you hire a domestic violence attorney who is knowledgeable on Nevada domestic violence laws, domestic violence penalties, and the best defense strategies.
Reactions to Being Accused of Domestic Violence
After being falsely accused of domestic violence, you will likely have feelings of betrayal, anger, and resentment. It is vital that you do not act on these feelings and try to remain calm. You do not want to do something irrational or aggressive that could undermine your defense.
If you must go through legal proceedings, do not engage with your accuser or behave aggressively in court. Maintain your composure and trust your attorney to advocate and negotiate on your behalf.
Stop Communication with the Accuser
Although your initial reaction may be to speak to your accuser directly, you can potentially make matters worse for yourself. These situations can escalate and turn hostile very quickly.
Until you speak with a lawyer and devise a plan moving forward, avoid all communication with the accuser, including:
- Talking in person
- Calls
- Texts
- Emails
- Social media
Also, do not attempt to visit this person at work or at home. It is best to stay with a family member or friend until you work everything out. You could be violating an order of protection by trying to contact the accuser.
Secure Your Social Media and Other Personal Accounts
An emotionally unstable person who accuses you of domestic violence may be willing to go to great lengths to create false evidence against you. They may try to use this evidence to support their claim and make it appear that you threatened them or attempted to cause bodily harm.
If they have access to your social media accounts or other personal information, change your passwords immediately. You should also refrain from using social media, including posting about the accuser in any way.
Confide in Close Friends and Family
It is also important for you to have a support system during this difficult time. Confide in trusted friends or close family members to let them know that someone is threatening you with false accusations of domestic violence. Share the struggles you are facing, including the other person’s erratic behavior.
In addition to offering emotional support, friends and family can support you in court. They can provide testimony on your behalf if the accuser decides to file a report. They can speak to your character and behavior, which may be enough to create a reasonable doubt that you are capable of what your accuser claims.
Gather Evidence to Support Your Defense
To build a strong defense, you will need evidence of your innocence. Outside of testimony, other forms of evidence can help prove that the domestic violence accusations are untrue, including:
- Texts or emails in which the person threatens false accusations
- Medical records stating that the accuser is mentally unstable
- Images or video footage that contradicts the accuser’s story
- Proof that you were somewhere else at the reported abuse time
While it is stressful to be falsely accused of abuse or violence, strong evidence will reveal the truth of what actually happened. Working with a knowledgeable criminal defense lawyer can help you collect and organize crucial evidence that will support your case.
Cooperate with Authorities
How you conduct yourself with authorities is important to your defense. If the police become involved with the domestic violence abuse accusation, cooperate with them and immediately invoke your right to remain silent until you have an attorney present. You can be compliant without saying anything that could be used against you in court.
Protecting Yourself with an Experienced Domestic Violence Attorney
If you were wrongly accused of domestic violence, a criminal defense attorney will advocate on your behalf and ensure you are treated fairly throughout the process. They will manage your case from start to finish and tell your side of the story by providing these legal services:
- Conducting a full investigation and gathering evidence
- Appearing at trial hearings
- Negotiating a favorable plea bargain
- Asking that the domestic abuse charges are dismissed
Do not let false accusations completely upend your life. Speak with our team of trusted domestic violence lawyers to learn how we can protect your rights and help with your defense. Contact us to schedule your free consultation today.