What to Do if You’ve Been Falsely Accused of Domestic Violence

Domestic violence is a serious issue, and accusations can be life-altering. But what happens if you find yourself on the wrong side of a false allegation? Being wrongly accused of domestic violence can be incredibly stressful, leaving you confused, angry, and potentially facing legal repercussions. This can cause devastation throughout your personal and professional life. However, there are steps you can take to protect yourself and clear your name. Here’s what you need to know.

Stay calm and don’t admit guilt

Being accused of domestic violence is shocking, but it’s important to stay calm. Don’t attempt to argue or explain yourself to the accuser in the heat of the moment. Anything you say can be misconstrued and used against you. Remember, you have the right to remain silent. Politely decline to answer questions and request to speak with an attorney.

Contact a lawyer immediately

Domestic violence cases are complex and require legal experience. Don’t go through this alone. A skilled Killeen criminal defense attorney at Mary Beth Harrell Criminal Defense and DWI Lawyers understands these legal nuances and fights to protect your rights. We are experienced in domestic violence cases, and have a proven track record of successful defenses against false accusations. During your initial consultation, be honest and transparent with your lawyer. Provide a detailed account of the event and any potential evidence that supports your innocence.

Avoid contact with the accuser

This may be difficult, especially if you share living arrangements. However, it’s vital to respect any restraining orders or no-contact directives issued by the court. If you have children together, consult your lawyer for safe and legal ways to maintain contact. Any attempt to contact the accuser can be seen as a violation and further damage your case.

Gather evidence supporting your innocence

The burden of proof doesn’t lie with the accused. However, gathering evidence that supports your side of the story can significantly strengthen your defense. This might include:

• Alibi witnesses: If you were elsewhere when the alleged incident occurred, gather witness statements.
• Medical records: If there are any injuries you claim to have sustained, document them with medical records.
• Text messages or emails: Past communication with the accuser can potentially reveal inconsistencies in their story.
• Video surveillance footage: If security cameras captured the incident location, secure the recordings.

Document everything

Maintain a detailed record of all events related to the accusation. Include dates, time, and locations of the alleged incidents. Keep a record of interactions with law enforcement and the accuser, if it’s safe to do so. Document any attempts to contact you by the accuser, even if they are through text messages or social media. This record-keeping will be invaluable for your lawyer when building your defense.

Secure your digital footprint

In today’s digital age, online activity can be used for and against you. If you share a social media account with the accuser, consider deactivating it temporarily to prevent the spread of misinformation. Secure your other online accounts with strong passwords and avoid posting anything related to the case that could be misconstrued as an admission of guilt.

Prepare for court

If your case goes to court, be prepared to answer questions calmly and truthfully. Your lawyer will guide you through this process. Dress professionally and arrive on time for all court appearances. Remember, your demeanor in court can influence the judge’s perception of your case.

Long-term considerations:

Even if the charges are dropped or the victim recants, a false accusation can leave a lasting impact. Consider seeking therapy to address any emotional trauma. If the accusation was made publicly, it might affect your reputation. Your lawyer can advise on potential options to clear your record and repair any damage caused by the false accusation.

False accusations of domestic violence are not uncommon

While domestic violence is a serious issue, false accusations do occur. There can be a variety of reasons behind such accusations, including:

• Manipulation and control: Sometimes, an accuser may use false allegations as a tactic to gain an advantage in a custody battle or divorce proceedings.
• Spite and revenge: A false accusation can be a vengeful act fueled by anger or resentment in a deteriorating relationship.
• Mental health issues: Underlying mental health conditions could play a role in fabricating an accusation.

It’s important to note that these are just some potential reasons, and each case is unique.

Should I hire a lawyer if I’m accused of domestic violence?

You absolutely want to hire a lawyer if you’re accused of or charged with domestic violence. Regardless of the motive, the impact of a false accusation can be devastating – personally and professionally. In some cases, a conviction isn’t even necessary to upend your entire life. The accusation alone can lead to:

• Financial strain: You could lose your job. You may be forced out of your own home. If you have kids, you’ll be forced to pay child support. While we can’t guarantee a specific outcome, we can help you explore options to minimize the financial burden.
• Loss of license and rights: If you have a security clearance or carry a weapon, you could lose both if you end up getting convicted of domestic assault or continuous family violence. You could lose these rights without a conviction, if a protective order is filed against you. (This can be done even without a conviction of a crime.) We will fight against this so you can keep your liberty and your job.
• Social stigma: False accusations can tarnish your reputation within your social circle. Be prepared to address the situation with close friends and family who may be confused or misinformed. Although we can’t control the social narrative, we can help you manage the legal aspects of the situation.

Being wrongly accused does not define you. You have the right to defend yourself and fight for your innocence. The legal system can be complex, and having a skilled Killeen assault defense lawyer by your side is important. At Mary Beth Harrell Criminal Defense and DWI Lawyers, we can help you navigate the legal process, protect your rights, and fight to clear your name.

A false accusation of domestic violence can disrupt your life in countless ways, but you don’t have to face this battle alone. If you’ve been wrongly accused, take action today. Contact the skilled criminal defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers, who can fight for your rights, gather evidence to support your innocence, and guide you through the legal process. With us, you can clear your name and rebuild your life. Call our offices or fill out our contact form to schedule a consultation with one of our experienced Killeen defense attorneys. We maintain an additional office in Copperas Cove and proudly serve Belton, Harker Heights, Waco, Williamson County, Bell County, Coryell County, and McLennan County.