Have you been accused of committing
domestic violence? Are you struggling to figure out why your spouse, family member, or loved
one would ever say such a thing about you? You are not alone. Although
there is no official number, it has always been widely assumed that a
significant portion of all domestic violence charges are based on nothing
concrete, relying only on exaggerations, misunderstandings, or false claims.
The trouble is that the police, investigators, and judges tend to err on
the side of caution, putting their trust in the accuser and not the accused.
If you do not do anything to defend yourself, you could be convicted of
a serious crime. On the contrary, if you take action and protect your
good name, you could actually avoid charges altogether.
Why False Accusations Arise
Before you can get far in your defense to domestic violence accusations,
you need to know why someone would claim you did such a thing. Was there
a recent argument that they perceived as too aggressive? Did you make
a statement out of frustration that they misinterpreted to be a threat
to their health or wellbeing? Or could it be that they are outright lying
in order to gain something?
Reasons some people choose to lie about domestic violence include:
Child custody: If you are going through a divorce and share children together, any charge
or conviction of domestic violence could guarantee that you don’t
get to spend time regularly with your children.
Restitution: Following a domestic violence conviction, a judge may sometimes order the
accused to pay restitution to the accuser. This financial gain could be
the motivation behind a false claim.
Revenge: Sometimes people will go through any length to get revenge. Have you been
accused by someone who has always “had it out for you?” If
so, they might just be trying to make your life more difficult.
Using Pre-Charge Investigations to Your Advantage
Before someone is arrested for domestic violence, there is usually a pre-charge
investigation to determine if there are grounds for reasonable suspicion
that the accusations are truthful. Do not let your accuser go on the offensive
during pre-charge investigations. Use this time to take the front-foot
by using evidence of your own that shows the accusations are not justified.
You may want to gather the following to use in your argument:
- Medical records that show no harm was done to them.
- Your own clean criminal history.
- Email and text conversations that show no animosity.
- Testimonies from family members and close friends.
If you want to get serious about your pre-charge investigation defense,
you can even retain the services of a criminal defense attorney. At the
Law Office of David R. Fischer, our Las Vegas domestic violence defense
lawyer can offer professional legal services to get your defense started
right away and pointed in the right direction. Our goal is to have no
charges ever filed against you for domestic violence, allowing you to
maintain your reputation and avoid serious legal complications.
Call 702.866.9864 to learn more during a
free initial consultation.