Five Things to Do If You Are Falsely Accused of Domestic Violence

The court takes domestic violence accusations extremely seriously, and for good reason—the victim is often helpless to fight back and can sustain serious physical and emotional damage. However, disreputable spouses, and those looking for personal gain, have been known to use domestic violence accusations to their advantage, including making wrongful accusations in an attempt to frame their spouse. Here are five things you should immediately do if you find yourself facing false charges.

Retain an Attorney

The first thing you should do is discuss the details of your case with a Reno criminal defense lawyer as soon as possible. Tell them everything, including what your spouse has done, and what you fear they may do to follow up. If you suspect your spouse may attempt to blame you for abuse or violence, expressing this to an attorney beforehand can dramatically improve your case. Likewise, an attorney can act quickly to fight back against any accusations and prevent them from impacting you in any further legal issues that may emerge.

Have a Witness at All Meetings

The worst thing you can do when you have been accused of being abusive to your spouse is be alone with them at any time. Always arrange for meetings at a public place and have a witness present. Sadly, there are times when a spouse simply wants to extend an olive branch by meeting with their ex, only to have their ex then fabricate a story of abuse that occurred during the private meeting. Since there are no witnesses, the accuser’s words usually stand. However, even if the accuser tries to press charges, testimony from a witness can set the story straight.

Avoid Actions that can Be Used Against You

The law states you are “innocent until proven guilty,” but your character is heavily scrutinized in domestic violence incidents. This means you should avoid anything that would make you look violent or aggressive, such as arguing with your partner, making jokes or talking light-heartedly about violence or suicide, or using a firearm for any reason (even as a hobby). This can make you look short-tempered before a judge, and smarter spouses will often use these actions as evidence to say they feel “threatened,” which likely won’t end well for your case.

Lock Your Communications Accounts

When someone is looking to plant evidence, it’s not unheard of to use your electronic communications devices to fabricate evidence. Leaving your email addresses, cell phone, and other important accounts unlocked or guarded with a shared password can lead to this. After all, it’s hard to tell who actually sent a message when your credentials are used on the account. Therefore, change them to avoid your spouse getting access to them as soon as possible. Email passwords, social media passwords, and phone passwords are the most important. It’s surprisingly common for spouses to send themselves threats from your account and then use them as evidence against you in court.

Keep Your Mind Clear

False domestic violence accusations are a serious and stressful issue. It’s easy to become overwhelmed and do something you’ll regret later. This means your mental and physical health become extremely important during this period in your life, and you’d do well to take care of them. That being said, however, you should not discuss the details of your case with anyone other than your attorney. Discussing them with a friend or family member could result in them being summoned to testify in court, which could work against you. Leave the case details between you and your lawyer, and instead rely on your friends and family for emotional support in other ways until your case ends.

If you need assistance with false domestic violence charges, don’t wait! Call Viloria, Oliphant, Oster & Aman L.L.P.​ as soon as possible. With more than 100 years of experience, our team of attorneys can help you fight back against your accusations and clear your name. We recognize the seriousness of your case, and we strive to be trustworthy, reputable allies on your side through every step of the way. Never face your prosecution alone; trust a team that has helped thousands of clients with these types of issues since 1998.

Call Viloria, Oliphant, Oster & Aman L.L.P.​ today at 775.227.2280 and schedule a consultation to discuss your case further.

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