Falsely accused of domestic violence? Two mistakes to avoid

On Behalf of | Nov 9, 2021 | Domestic Violence |

Just because you have been accused of domestic violence does not mean you are going to prison. However, this is not to say that you should not take the accusation leveled against you seriously. Whether you are guilty or not, being accused of any criminal offense can be frightening.

It is not unusual to be confused and unsure of what to do following a false domestic violence accusation. In the midst of uncertainty and confusion, it is highly likely that you will make mistakes that can hurt your case when it goes to trial.

Why would someone falsely accuse of domestic violence?

While there may be a thousand and one reasons why someone, most often an estranged spouse or partner, may accuse you of domestic violence, here are the most common ones:

  • Making false claims to gain an upper hand and subvert the legal process during divorce or child custody hearing
  • Making false claims to revenge, perhaps following a bitter breakup or argument
  • Mistaken identity

Mistakes you should avoid when falsely accused of domestic violence

Regardless of whether you did it or not, it is important that you refrain from these mistakes if you have been accused of domestic violence:

Talking to the police

Even if you have not been formally charged with domestic violence, do not discuss the matter with the police in the absence of your legal representative. Sometimes, the police may try to convince you that the charges will be dropped if only you will tell your side of the story. This is nothing more than a trick to get you to make statements that can, and most often will, be used against you.

Confronting your accuser

It may be tempting to want to either confront the person accusing you or try to talk them into dropping the charges. However, either action can greatly hurt your case as this may be considered intimidation. If you have to interact with your accuser, be sure to do so in the presence of a third-party such as your legal representative.

Every relationship has its share of ups and downs. Even happy marriages can experience incidents of disagreements and bitter arguments. However, when a relationship breaks down, it can result in more serious conflicts, including claims of domestic violence.