I Was Falsely Accused of Domestic Violence. What Do I Do?First, what is domestic violence? On CriminalDefenseLawyer.com it is defind as, “a crime of violence, typically an assault, battery, stalking, or criminal harassment, perpetrated by someone against a family or household member”. Being accused of this can lead to criminal charges and can ruin reputations. If you’ve been accused or charged with domestic violence, it would be in your best interest to contact a defense attorney immediately. It can be an emotional and scary thing if you have been wrongfully accused of domestic violence, but know that not all is lost.
If you have a relationship that begins to turn negative and unstable, beware that if someone in the relationship is regularly emotionally unstable, it is not uncommon for them to accuse the other of committing violent acts. This can particularly happen in heated child custody and divorce battles. Though there are different laws that vary in different states, there are some things lawyers can do to help with the false accusation of domestic violence.
Defenses of Domestic ViolenceThe two most common defenses for domestic violences cases are self-defense and de minimis infractions. The first common defense used, self-defense, the defendant can make the case that their use of force was necessary to protect themselves against the plaintiffs use of unlawful force. If the argument is realistic, it can be successful. The second common defense, de minimis infractions, says that the physical injuries being presented to the court are too insignificant and minor to be considered a criminal offense.
There are some important things to remember if you are arrested for domestic violence. First be polite to the police, and remember that you don’t have to tell them anything, because what you say will be held against you. Next, when you are in jail, do not cause any problems. If you do, the judge will hear of it. Also, do not make a phone call to your accuser. This could be considered stalking and the phone calls are not private. Next, it is essential that you abide by any court-issued restraining orders that proceed a full trial. All of these things are true even if you have been falsely accused.
Like it was mentioned before, it is important for you to have a criminal defense lawyer involved in your case. Find a lawyer who has experience in the court where your case is pending. If you are in need of a lawyer in San Diego or surrounding areas, Bradley Corbett is experienced when it comes to cases of domestic violence. He has been very successful and has won domestic violence cases in every San Diego courtroom. Call him anytime to schedule a free consultation to begin working on building you case.