Five Steps to Take After Being Falsely Accused of Domestic Violence

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Any domestic violence accusation is a serious matter. Many people consider domestic abuse an immediate disqualifier for things like job opportunities and apartment applications.

Unfortunately, some people make false allegations of domestic violence to get revenge on the other party or gain the upper hand in a custody battle.

If you or a loved one is facing domestic violence accusations, you need to act fast. Our team at The Law Offices of Kerry L. Armstrong, APLC, knows how to navigate false allegations and highlight their inaccuracy.

Contact our office today to schedule an appointment with a member of our team.

1. Contact a Lawyer

A domestic violence accusation can derail multiple aspects of your daily life. You should not go up against prosecutors alone.

District attorneys handle thousands of domestic violence cases every year and are much more experienced with the process than you are. Hiring an experienced domestic violence attorney levels the playing field so you know what to expect.

As soon as you know about an allegation of domestic violence, exercise your right to remain silent and ask to speak to an attorney.

Securing legal representation is not an admission of guilt. It is a way to protect your rights and prevent your conviction for a crime you did not commit.

The sooner you contact an attorney, the sooner they can start reviewing your case and preparing a strategy to question the reliability of the accusations against you.

2. Collect and Preserve Valid Evidence

You should collect and preserve any exculpatory evidence or evidence that proves your innocence.

For example, if you have texts or social media messages that disprove the accusations against you, screenshot the information to give to your lawyer. Other examples of relevant evidence to a domestic violence allegation include:

  • Doorbell or surveillance footage,
  • Statements from eyewitnesses,
  • Cell phone location information, or
  • Statements from those familiar with the relationship.

Any evidence that contradicts the accusations against you is relevant to the case.

3. Avoid Contact with Accuser

You should not attempt to contact the person you believe made false accusations against you.

This includes trying to send them a message through a third party. Trying to communicate with your accuser can make things worse by resulting in additional charges.

You will likely need to make alternative living arrangements until your case concludes. Moving out can decrease the tension between you and the accuser and prevent further disagreements.

Additionally, at your arraignment, the judge will often impose a criminal protective order keeping you at least 100 yards away from the alleged victim during the pendency of your case.

4. Make a Record of What Happened

If you are involved in an incident where someone accuses you of domestic violence, you should create a record of what happened during the encounter immediately.

Your recollection of the incident will deteriorate over time. Writing down details of the encounter while fresh in your mind can help you sort out what happened and in what order.

5. Discuss Potential Justifications for the False Allegations

In some cases, it can help to show the accuser’s motivation for making false domestic abuse accusations against you.

Domestic violence accusations offer a quick way to destroy someone’s reputation and wreak chaos in their life.

A common justification for false domestic violence accusations stems from a desire for revenge. A former lover or known enemy may lodge false allegations against you to get back at you.

Domestic violence allegations often also arise during family law matters. One parent could accuse the other parent of domestic abuse to gain full custody of shared children.

An attorney can collect information about the accuser to demonstrate their ulterior motives in making false allegations.

Individuals who make false accusations can face criminal penalties for filing the report.

Things Someone Falsely Accused of Domestic Violence Should Not Do

There are a few things you should avoid if you are facing domestic violence accusations.

Try to Delete Evidence

You should not try to alter information to make yourself look better in the incident.

Law enforcement will eventually find out, and the misrepresentation will hurt your credibility in the future. Any indication that you are hiding information or trying to control the narrative can hurt your case.

Talk to Law Enforcement Without Your Lawyer

You should not participate in a police interview without your criminal defense attorney present. Law enforcement can lie and give you false information to elicit a false confession.

The police officers may act like your friends in the interview, but their primary objective is closing their case by getting you to admit guilt.

A domestic violence defense lawyer at The Law Offices of Kerry L. Armstrong, APLC, can accompany you to police interviews and help ensure you do not incriminate yourself.

Violate a Restraining Order/Criminal Protective Order

Many domestic violence allegations result in automatic restraining orders and/or criminal protective orders against the accused.

The restraining order/criminal protective order can prevent you from coming within a certain distance of the accuser, contacting the accuser, and harassing the accuser. It can also make you move out of a shared residence with the accuser.

Post on Social Media

You should not post details about the incident or the accusations against you on a public social media platform.

Law-enforcement and/or the prosecution will absolutely review your social media posts and use anything you say against you in court. Even though you may want to make a statement, let your attorney do the talking for you.

Contact The Law Offices of Kerry L. Armstrong, APLC, Today to Discuss False Domestic Violence Allegations

Domestic violence cases are complex and often involve intense emotions. If you are accused of domestic violence, you need a sensitive and reliable defense attorney.

At The Law Offices of Kerry L. Armstrong, APLC, we work with clients to understand their situation and secure the best possible results.

A domestic violence lawyer can help you by:

  • Conducting a comprehensive, confidential review of your case;
  • Explaining your rights and legal options;
  • Obtaining exonerating evidence about your case; and
  • Crafting a fully personalized legal defense strategy.

We know a one-size-fits-all defense strategy will not help our clients beat false accusations. Our attorneys defend domestic violence accusations on a case-by-case basis. We will investigate the false accusations against you and prepare a strategy that bolsters your innocence.

Contact our team at The Law Offices of Kerry L. Armstrong, APLC, today to schedule an appointment with an attorney.

Author Photo

Kerry L. Armstrong

 

Attorney Kerry Armstrong opened up his law firm in June 2007. Mr. Armstrong attended Thomas Jefferson School of Law, San Diego, California, and received his B.S. from Middle Tennessee State University. Kerry L. Armstrong became certified by the State Bar of California’s Board of Legal Specialization for criminal law in August 2020, making him one of the few criminal defense attorneys with a criminal law legal specialization certificate in San Diego County.  Between 2014 – 2019, Mr. Armstrong was selected for inclusion in the California Super Lawyers list, an honor only awarded to 5% of the nation’s attorneys.

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