Due to a range of circumstances, relationships can sometimes turn ugly very fast. When this happens, one party in the relationship may want to stretch the truth to try to gain leverage in divorce court or child custody proceedings. Such situations can motivate the “aggrieved” party to file an unfounded domestic violence report against the other party.
If you find yourself facing false domestic violence accusations, you need to understand your rights and how to handle the situation.
There are several things that can help your defense:
1. Witness testimony can help the court understand your character.
Your family members, co-workers, close friends, and neighbors probably have a good idea of your temperament and how you relate with your spouse. If what you are being accused of sounds totally unrealistic to them, consider requesting them to say so in a formal testimony. A character witness can make a huge difference in a family law case.
2. A clean criminal history can help strengthen your case.
Your clean criminal history can help persuade the court that you do not have, and have never had, any tendencies that would trigger an incident of domestic violence. You need to make sure, however, that you don’t violate any temporary protective orders that are currently in place — because that could give the other party’s allegations more weight.
3. A lack of physical evidence against you plays in your favor.
If your ex is making allegations of abuse, the lack of medical care for injuries like lacerations, bruises, or broken bones can corroborate your story that there has never been violence in your relationship.
Whether you are guilty or not, domestic violence is a very serious allegation. If you have been falsely accused of domestic violence, you need to act to clear your name and safeguard your future. Talking with an experienced advocate can help you understand your legal rights and come up with a strategy that will make your case as strong as possible.