False Accusations of Domestic Violence: What Should You Do?
If you are facing false accusations of domestic violence, you are going to be in need of a strong defense. In the interest of safety for the alleged victim, these accusations are treated seriously, but some individuals abuse the system, manipulating it against the accused person. These accusations can have severe ramifications on one’s life, which is why taking action early is crucial.
How This Allegation Can Impact Divorce or Child Custody
If you are facing an accusation of domestic violence against a spouse or family member, judges often take these allegations into consideration when making any rulings. For example, a judge might decide that it is in the best interest of the victim to not provide an address during divorce proceedings to maintain a high level of privacy.
Domestic violence allegations can also have serious consequences on child custody hearings. The court could order supervised visitation or remove custody from you if you are found guilty.
Other consequences of these accusations include:
- Exclusive use of home: As part of the no contact provisions domestic violence restraining orders provide, you would also be excluded from the family residence, regardless if it is owned or leased jointly or solely.
- Anger management: You might be ordered to participate in an anger management program, or chemical dependency treatment.
- Restrictions on civil liberties: Under what is known as the federal “Brady Bill,” you will not be able to own or possess a firearm for any purpose.
Fighting and Protecting Yourself Against Accusations
In cases of domestic violence, most jurisdictions only require an accuser to prove a claim through a “preponderance of evidence,” which is essentially the lowest legal standard of proof in the court system. It means he or she can prove the abuse likely occurred, rather than proving that it absolutely occurred. Here are some ways in which you can fight and protect yourself against these accusations:
- If the accusations made against you originate from a particular domestic conflict, you could seek a restraining order even after one has been made against you in some jurisdictions. This is known as a reciprocal order.
- Expose the factual inconsistencies in the accuser’s statements against you. If there is any independent evidence you have that can refute the allegations, such as a phone call you made during the time in question, ATM receipts, store receipts, work time sheet, or other records that prove you were elsewhere at the time, these facts can severely wound the accuser’s case.
- You should also expose any behavioral inconsistencies. This includes pointing out time elapsed between the incident of abuse and the complaint filing, or initiating friendly contact with the alleged abuser after the incident.
Ultimately, there is no way to prevent someone from falsely accusing you of domestic violence, but you can be vigilant in defending yourself against them by hiring skilled legal representation and complying with any orders made against you to prevent further legal troubles.
Domestic Violence Lawyers in Dallas
Domestic violence is a terrible crime that hurts children and adults, but unfortunately, it is sometimes used as a tool against an individual. At Crain Lewis Brogdon, LLP, we know that not everyone who is accused of this crime is guilty, which is why we are passionate about ensuring your side of the story is heard in court. We investigate every case, no matter the circumstances, to present the facts and prove your innocence.
If you have been falsely accused of domestic violence in Texas, you need to take legal action now. Early intervention often yields the best results.
Contact us today at (214) 301-5007 to schedule your free case evaluation.