Unfortunately, there are countless situations where individuals are wrongly accused of domestic violence. Even worse, is that false allegations come with real problems. Because the COVID-19 quarantine has caused an influx of domestic violence claims to be filed, we wanted to explain how to protect your rights in the event that you’re falsely accused.
Why Would a Loved One Make False Allegations?
The first step to fighting your false domestic violence charges is to understand why the false charges would be made against you in the first place. It’s very common for spouses or ex-spouses to file false domestic violence claims in order to:
- Rid their spouse from their lives - With domestic violence charges comes distancing between the accused and the victim. Spouses will often file false charges in an attempt to get their significant other out of their lives.
- Win ongoing custody battles - When it comes to child custody, judges always look for the best interest of the child. If you’ve been accused of domestic violence, the judge will typically revoke or limit your custody rights.
- Gain the upper hand in property battles - When couples are divorcing, dividing assets can be extremely complicated. Some divorces have numerous assets that need to be divided, and being convicted of domestic violence can give your spouse the upper hand in both the division of assets and the divorce in general.
Because there has been a constant battle between women and domestic violence, law enforcement officers often believe that the “victims” in domestic violence cases are telling the truth. Meaning that the odds are already stacked against you. Additionally, if a charge has been filed against you, you can be charged with a misdemeanor for domestic violence, even if the “victim” shows zero signs of abuse.
Once you’ve been accused of domestic violence, the stigma often follows like a stain on your sleeve. Meaning it can be exceedingly difficult to convince the world that you didn’t commit the crimes you’re being charged for. Unlike other crimes, “Innocent until proven guilty” is a novelty that many individuals accused of domestic violence are not allowed.
Not only do domestic violence charges tarnish your reputation, but they can come with steep penalties.
Some of the common consequences that stem from false domestic violence allegations include:
- Losing your job
- A criminal record that can impact things such as:
- Firearm rights
- Child custody
- Visitation rights
- Jail or prison time
Protecting Your Rights
When talking about individuals who falsely accuse others, the truth is, they are often malicious or emotionally unstable. Discuss your situation with an attorney if you’ve been falsely accused and your spouse or partner is known for behavioral issues such as:
- Aggressive demands
- Going out of their way to seek attention
- Extreme jealousy
- Lashing out when they don’t get their way
- Emotional instability
Newman & Allen Is Here to Help
Working with an experienced California domestic violence defense attorney is the best thing you can do to protect your future following being accused of domestic violence. At Newman & Allen, our team has been helping individuals fight their domestic violence charges for countless years.
Accusations can be made, however, the consequences don’t have to become a reality. In most situations, our team can help you fight your charges without having to go to trial.
Don’t let a false accusation become a lasting problem. Call us today (909) 328-6101 to learn more about how we can help over the phone.