Falsely Accused of Domestic Violence? Here’s What to Do
A domestic violence charge is not to be taken lightly. Whether the case is being treated as a misdemeanor or a felony offense, those accused of domestic violence could face serious consequences, including jail times, hefty fines, domestic violence classes, community service, a loss of certain rights and privileges, and a criminal record. Being falsely accused of domestic violence, though, can be a living nightmare. If you’ve been accused of domestic violence and you are innocent of the claims, the time to act is now.
Why Are People Falsely Accused of Domestic Violence?
Although it’s unfortunate, it’s not that uncommon for Arizona residents to be forced to defend themselves against false accusations of domestic violence. There are a number of reasons why an accuser might take on the victim role and falsely accuse someone. Throughout the years, the attorneys at Schill Law Group have seen it all. One of the most common reasons why this happens is that an ex-spouse or partner is using these malicious claims as an attempt to gain the upper hand in a divorce and/or child custody case. The ex could be hoping to gain more financially from a divorce settlement or to gain sole custody of your child in an act of vengeance. In other instances, a jealous or vengeful ex might be using domestic violence claims as a means of “getting even” after a nasty breakup. Also, any family members or individuals living with you could attempt to use a false domestic violence claim as a means of getting back at you for a quarrel, or as a means of obtaining financial gains.
What Types of False Domestic Violence Allegations May Be Made?
In addition to there being a number of reasons why an individual might be motivated to make false claims of domestic abuse, there are many ways in which a “victim” may present their case. This is important because, depending on what the accuser is insinuating, you as the accused could be charged with either a misdemeanor or felony. While the threat of violence without the presence of a weapon could result in a misdemeanor case, for instance, should your accuser state that you threatened their life with a weapon, you could be hit with a felony charge. If it is insinuated that sexual violence occurred, or that violence against a child took place, you could face harsher penalties than in other scenarios.
How Can a Defense Be Built for a False Domestic Violence Case?
Being falsely accused of a crime can feel pretty lonely and very hopeless. You may feel like no one believes that you are innocent and that there’s no way to prove that your accuser is being dishonest. This is why it’s so important to immediately secure the help of an experienced criminal defense attorney like the team at Schill Law Group. We are able to take a look at your case thoroughly and objectively to determine the underlying motives behind your accuser’s false claims of domestic violence. Understanding these motives and looking at the accusations from all angles can help us prove to a jury that your accuser is not being truthful, and why they are behaving in this manner. By painting this type of picture for a judge or jury, we are able to gain the sympathy and trust of your peers and make the best case in your defense.