While anybody who has suffered from domestic violence deserves justice, not all accusations are true. Abuse allegations suddenly popping right, left, and center in the wake of divorce proceedings is somewhat expected.
Though some allegations are supported by facts and evidence, many domestic violence cases are filed out of spite or vindictive purposes. One parent making false and unsubstantiated allegations against the other, to win the sympathy of the children and gain full legal custody, is all too common.
Defending Yourself from False Domestic Violence Accusations
Wrongful accusations of domestic violence can add stress to an already difficult time in your life. But as angry and confused as you may feel, you need to defend yourself against that domestic violence case and represent your rights in court immediately.
Here’s how you do it:
1. Find an experienced defense attorney
As the accused, the very first thing you need to do is seek an excellent lawyer to represent you in court. It’s your attorney’s job to establish a strong defense and prove to the court that the allegations are false, and are no more than a malicious plot for revenge.
You need to provide credible information that will convince the court that the other party has nothing but baseless accusations. Make them see that you did not commit the act, nor do you have the intent to do it.
2. Don’t breach any restraining orders
Breaching the terms and conditions of your restraining order (if any) will only get you into more legal trouble. In fact, it could be a plot by the other party to make you look bad in court.
3. Prove to everyone that you’re a good parent.
The accusations and the restraining order should be enough to keep you from seeing your children. Even so, work with your lawyer and try to find whatever way you can to fight for your parental rights. Don’t give up. Show how much you want to be a part of your children’s lives.
4. Be coherent with your statements
Make sure that everything you say in court adds up. Be consistent with your stories and your accounts. Stick to the plan and the statements that you have discussed with your attorney.
Most important of all, maintain your position regarding the allegations. If you said at the beginning that none of them is true, stand by your claims until the end.
5. Keep your emotions in check.
The prosecution will try to get under your skin and lure you into an outburst that could hurt your stand on the case. To prevent such things from happening, always keep yourself calmed and focused during the court proceedings. Never fall for their trap.
The Consequences of Being Wrongfully Accused
Accusations of domestic violence can ruin your life and your reputation, especially if you’re male – the dominant partner in the relationship. Unlike other crimes, where the offender is considered “innocent until proven guilty,” those involved in domestic violence cases are judged way before their verdict.
But it’s not too late yet. If you know that you are in the right, then all you have to do is prove your innocence. With a competent domestic violence attorney at your defense, you can still turn things around.
About The Author
Andrea Williams is the Content Marketing Strategist of The Law Offices of Alcock & Associates P.C., a premier law group in Arizona that provides legal services to clients involved in Personal Injury, DUI, Immigration and Criminal cases. She enjoys cooking, reading books and playing minigolf with her friends and family on her spare time.
