Domestic violence is a serious issue. Anyone who is a victim of physical assault should get help and justice. However, this does not take away from the fact that there are false accusations of domestic abuse. If you face wrongful charges of domestic violence, you may feel devastation, confusion, and frustration.
What do you do if someone files a protective order or complaint against you? Here are some ways you may be able to defend yourself against untrue charges with the help of a criminal defense attorney.
Did your accuser act violently against you first? Did he or she go after your children? If so, you may be able to claim self-defense or defense of others. As long as you were not the initial aggressor, were facing a threat and responded in a reasonably defensive manner, a lawyer may be able to help you get your charges reduced or dropped.
2. Insufficient proof
The person bringing the case against you must have adequate proof of you acting in an abusive or violent manner against him or her. You may be able to poke holes in the argument and show the court you do not deserve a conviction.
3. Deliberate lying
Some people make fake allegations of domestic violence. For example, your partner may say you are violent purely out of spite. If your partner is angry with you, he or she may want to simply bring you down with a domestic violence charge. He or she may also be trying to gain an advantage in a divorce or child custody dispute. A defense lawyer may be able to help you find inconsistencies in the claims of your accuser in comparison to witness accounts or police records.
The good thing about the legal system is that there are protections for wrongfully accused individuals as well as legitimate victims of violence. If you seek help from an attorney, you may be able to mount a strong defense against these false charges.