Falsely Accused of Domestic Violence: What to Do

It’s like saying magic words. A vindictive ex or a spouse trying to gain leverage in a divorce just has to allege that they are the victims of domestic violence, and suddenly the whole world turns against you.

Is it fair? No. But you are now at risk of becoming the victim of injustice, and you need to take the right steps to protect yourself.

When you are falsely accused of domestic violence, it is just as critical to engage in a solid defense strategy as it would be if the allegations were true. To a certain extent, everyone from law enforcement down to the general public may assume your guilt, and this can lead to additional life and professional problems as well as a loss of reputation.

At Burke Brown Attorneys, PLLC, we have been defending those accused of domestic violence for over three decades, so we know how to leverage the situation to our client’s best advantage. If you’ve been falsely accused of domestic violence, here are some steps you can take to safeguard your rights and your future.

Immediate Actions to Protect Yourself

Once accusations arise—even if nothing has been said to the police yet—you need to be on guard for your safety. Anything you say and do can be held against you, and words can be taken out of context.

Remain Calm and Avoid Confrontation

Anger causes us to lose control, and control is one of the things you need the most at this point. Although it is tempting to want to explain yourself and clear the air, you need to avoid confrontations. Trying to tell your side to the person who accused you is only going to cause an angry reaction because you are denying the other person’s sense of truth. It cannot end well for you.

The best way to avoid confrontation is to keep contact to a bare minimum and keep your distance. Do whatever you need to keep anger in control, whether that involves a long session with a therapist, a hike or meditation. or  Never let your anger or emotions get the better of you in your interactions or decisions. 

Document Everything

Your words and actions will be judged in minute detail when you’ve been accused of domestic violence. Therefore, it’s vital to keep a record of everything. Save text messages and emails so that if something is taken out of context or falsified, your attorney can review your evidence and help you present your evidence in the right way, at the right time. If there’s security camera footage of an incident, make sure it is saved. Write down everything you can remember about incidents that may be relevant, and keep records going forward. Find out if there are witnesses to confrontations and make sure you have their contact information. However, leave contact and interviews with witnesses to your attorney and other professionals.

Invoke Your Right to Remain Silent

If you have been arrested and charged with a crime, it is always a good idea to speak to a defense attorney before answering questions from the police. You have the right to remain silent and to seek legal counsel, and it is wise to politely invoke those rights to be safe. You should take advantage of the constitutional protection of silence even if you have not been formally charged with a crime.

You may be surprised at the way your words can be twisted against you by an attorney in a criminal or family law court, or by investigators or the police. In addition to avoiding communication with your accuser, you shouldn’t talk about the issues with friends or family if at all possible. Keep your communications confined to counselors and your attorn, who can be trusted and not be forced to testify against you.

Contact an Attorney Immediately

Dealing with the accusations can be absolutely overwhelming, and this is why so many people who are accused make mistakes that cause further problems. The easiest and most effective step you can take is to get advice from an experienced domestic violence defense attorney. Your attorney can help you avoid potential pitfalls and develop a strategy that will keep you moving forward instead of falling further behind. For instance, if there is a protection order or a No-Contact order in effect, your attorney can help you remain in compliance or work to have the order changed or removed.

Legal Process and Building Your Defense

If accusations of domestic violence are still informal, or if police were called and did not make an arrest, you need to be aware that they can still arrest and charge you later, so you need to be on guard and prepared. The person who accused you of domestic violence may obtain a domestic violence protection order against you even without an arrest. They can get an emergency 14-day order before you even have a chance to explain your side of the story. The court will then hold a hearing before issuing a long-term order, so you need to be prepared to make your best defense at the hearing.  You should never assume the judge will see it your way, and skillful preparation is essential. 

After an arrest, you will appear briefly in court to answer the charges, and then you will likely be released on bond or on your own personal recognizance (no bond or bail). The criminal court may issue a No-Contact Order that you must comply with to avoid criminal penalties or being returned to jail. When you work with an attorney who understands the overlapping aspects of domestic violence cases, criminal defense, and protection order defense, your attorney will know how to take advantage of the best opportunities to secure your defense and protect your rights at each step in the process.

An experienced domestic violence defense attorney may use a number of defense strategies to get the charges dismissed. At Burke Brown Attorneys, PLLC, we comb through police reports and other evidence, as well as investigate to uncover additional evidence to expose inconsistencies and shortfalls. Depending on the situation, it might be effective to:

●  Challenge the accuser’s credibility

●  Highlight the lack of physical evidence

●  Introduce alternative evidence

●  Highlight ulterior motives

●  Exploit procedural oversights

●  Establish an alibi

Every case offers different opportunities for defense, and we believe that it is essential to explore every possibility to get the most beneficial outcomes for our clients.

Long-Term Consequences and Protecting Your Future

Unfortunately, allegations of domestic violence tend to have a tremendous impact on your reputation, even when they are false. Legally, this includes not only criminal charges on your record but also negative consequences for family law matters such as child custody. Information about domestic violence charges and protection orders will also be visible to employers, landlords, and anyone who conducts a background check. Working closely with a dedicated and knowledgeable attorney is the best way to ensure that you are taking the right steps to protect your future.

We Know How to Fight Back Against False Accusations of Domestic Violence

After more than 30 years of fighting to protect those accused of domestic violence, Burke Brown Attorneys, PLLC understands what you’re up against and how to get the best results in the short and long term. We know that false accusations are painful and cruel and that the anger they can cause often makes the situation even worse. Let us help.

We will put our experience to work defending your honor every step along the way until we achieve the best possible outcome. You deserve no less. Burke Brown Attorneys understands the practicalities of defending against these charges in a way few firms can match. Schedule a consultation with us now, and we will explain the ways we can help you through to the other side. To schedule your consultation, call us at 206-933-2414, contact us through our website, or email us at team@burkebrown.com.